The following words, terms and phrases, when used in this chapter 39, shall have the meanings assigned to them in article V, divisions 2 and 3 below, except where the context clearly indicates a different meaning.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

The following rules of construction apply to article V, divisions 2 and 3:

(1)

The particular shall control the general and the use of a general term shall not be taken to have the same meaning as another specific term. For example, a "recreational facility, commercial indoor" shall not be interpreted to be the same as a "recreational facility, commercial indoor pool or billiards hall," if each term is listed as a separate and distinct use.

(2)

In case of any difference of meaning or implication between the text of this article and any caption or illustration, the text shall control.

(3)

A building or structure includes any and all of its parts.

(4)

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(5)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(6)

The word "person" includes any individual, corporation, partnership, incorporated association, limited liability company, or any other similar entity.

(7)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions "and," "or" or "either … or," the conjunction shall be interpreted as follows:

(a)

"And" indicates that the connected items, conditions, provisions or events apply.

(b)

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(c)

"Either … or" indicates that the connected items, conditions, provisions or events apply singly but not in combination.

(8)

Terms not defined in article V, divisions 2 and 3 shall have the meaning customarily assigned to them.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

Access easement: A legally established private easement affording a means of vehicular access to abutting property and not intended for general traffic circulation.

Accessory building or structure: A building or structure not exceeding 25 percent of the area of the principal structure, customarily incidental and subordinate to the principal structure and located on the same lot as the principal building.

Acts of nature: An extraordinary interruption by a natural cause (such as a flood or earthquake) of the usual course of events that experience, prescience, or care cannot reasonably foresee or prevent.

Advertising: To seek the attraction, or to direct the attention, of the public to any goods, services, merchandise, purpose or cause.

Advertising sign or structure: Any cloth, card, paper, metal, glass, wooden, plastic, plaster or stone sign or other sign, device or structure of any character whatsoever, including a statuary or place for outdoor advertising purposes on the ground or any tree, wall, bush, rock, post, fence, building or structure.

Advertising sign or structure area: The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public shall be construed as advertising signs for the purpose of this chapter 39. See article III, division 6, signs for further details.

Advertising sign or structure placement: The term placed shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever.

Alley: A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Alter: To change, rearrange, enlarge, extend or reduce.

Alterations: Any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders; or any change which may be referred to in this chapter as "altered" or "reconstructed".

Alternative antenna support structure: A clock tower, bell tower steeple, manmade tree, light pole, flag pole or similar alternative design mounting structure that camouflages or conceals the presence of antennas.

Antenna support structures: A structure, whether free-standing or mounted on another structure, upon which is mounted one or more antennas.

Applicant: Any person or entity that submits to the city an application for a permit required by the city for a project. To be qualified as an applicant under this chapter 39, the person or entity must have sufficient legal authority or proprietary interests in the land to commence and maintain proceedings under this chapter 39. The term shall be restricted to include only the property owner(s), or a duly authorized agent and representative of the property owner.

Application for a permit: Any document filed with the city that clearly indicates that the applicant is seeking consideration for a permit, the type of permit sought and provides the city with fair notice of the project, and when used in this chapter 39, shall include a plan for development of real property or a plan for development; but excluding applications to establish or amend a zoning district, including, but not limited to, a request to establish or amend a planned development district or to receive or amend a specific use permit.

As-built documents: Documents prepared by a registered professional engineer and confirming that the public improvements are constructed as shown.

Automobile: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including, but not limited to, passenger cars, trucks, buses, motor scooters, and motorcycles.

Backhaul network: The lines that connect a communications provider's support structure/cell sites to one or more telephone switching offices and/or long-distance providers, or the public switched telephone network.

Basement (or cellar): A story of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Berm: A manmade, formed, earth mound of definite height and width used for obscuring purposes; the intent of which is to screen and/or provide a transition between uses of differing intensity.

Billboard: An off-premises sign.

Billboard, electronic: A billboard sign that can change its copy or sign face by changing or altering a fixed display screen composed of electrically illuminated elements; that also directs attention to a business, product, service, conducted, sold, or offered at a location other than on the premises on which the sign is located.

Block: A tract or parcel of land designated as such on a subdivision plat surrounded by streets or other physical obstructions.

Block face: The portion of a block that abuts a street.

Block length: The length of the block face between two street intersections.

Boundary sewer line: A sewer line installed in a street bounding a development or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street.

Boundary water line: A water line, installed in a street bounding a development or faced on only one side by a development, which can also serve property not included in the development on the opposite side of the street.

Bow banner: A freestanding, lightweight, and usually vertically oriented banner with minimal framing that curves outward at the top to match the curved shape of the fabric, also known as a fin, shark, feather banner or teardrop sign, which by design allows some movement to attract attention whether by pivoting or by movement of the material while still allowing for readability.

Buffer: The area, space or physical means which is established to protect or insulate one land use or one building from another. Generally, buffering will be the use of landscaping (other than mere grass on a flat terrain) or the use of landscaping along with berms, walls or decorative fences that at least partially and periodically obstruct the view from the street and adjacent property in a continuous manner, of vehicular use areas, parking lots and their parked cars, and detention ponds.

Buffer yard: A strip of land, including any specified type and amount of planting or structures which may be required to protect one type of land use from another, or minimize or eliminate conflicts between them.

Build: To construct, convert, enlarge, reconstruct or alter a building or structure.

Buildable area: The allowable area available to construct a building or structure after complying with the city's applicable set back and maximum lot coverage requirements.

Building: Any structure used or intended for supporting or sheltering any use or occupancy.

Building area: Ground floor area computed by using the outside dimensions, excluding the floor area of garages, open or screened porches, basements or semi-furnished storage rooms not used for residential purposes.

Building height: The vertical distance measured from the established grade to the highest point of the roof surface. Where a building is located on a sloping terrain, the height may be measured from the average ground level of the grade at the building wall.

Building line: A line parallel to the front lot line. A minimum building line is the same as the minimum required front setback line.

Building official: The inspector or administrative official charged with responsibility for issuing permits and enforcing the zoning ordinance and building code.

Building, main: A building in which the principal use of the lot on which it is situated is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

Building, principal: A building in which the main or principal use of the lot on which such building is located is conducted.

Build-to-line: A line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected, and marking the building envelope, which is the area in which a building may be erected.

Business frontage: The linear measurement from outer wall to outer wall of the side of the building which faces or fronts a street, and which generally contains the primary entrance to the building.

Canopy tree: Any self-supporting woody plant with one well-defined trunk and a distinct and definite formed crown which attains a height of at least 30 feet such as oaks, pecans, sweet gum, southern magnolia, slash pine, Loblolly pines, sycamore, bald cypress, winged elm, cedar elm, and Chinese elm.

Carport: A structure open on a minimum of two sides and consists of a roof, designed or used to shelter not more than two vehicles and not to exceed 24 feet on its longest dimension. Also called "covered parking area."

Certificate of appropriateness: A certificate from the historic landmarks commission authorizing plans for alteration, construction, removal, or demolition of a landmark or an improvement within a historic district. The term "certificate of appropriateness" shall be synonymous with "notice to proceed."

Certificate of compliance: A certificate issued by the city to a party intending to initiate any work or change any use of property in the city.

Certificate of occupancy: An official certificate issued by the city through the building official that indicates conformance with or approved conditional variations from the zoning regulations and authorizes legal use of the premises for which it is issued; may be referred to as an occupancy permit.

Certified arborist: An individual certified by the International Society of Arboriculture (ISA) as a certified arborist.

Certified local government: A local government officially certified to carry out some of the purposes of the National Historic Preservation Act, as amended.

City: Unless otherwise specifically stated shall mean the City of Palestine acting by and through its elected city council, appointed boards and commissions and city manager.

City council: Unless otherwise specifically stated shall mean the governing body of the City of Palestine, Texas.

Clear-cutting: Any indiscriminate cutting, plowing, or grubbing of tree(s) without regard to their type or size for the purpose of clearing an area of land of trees.

Collocation: The use of a single support structure and/or site by more than one communications provider.

Commercial building: Any building or structure used for the retail or wholesale sale of products or services, not involving the manufacture, fabrication, assembly of products, the application of chemical processes, paint and coatings, welding, or other hard processes normally associated with industrial production, or extensive warehousing.

Commercial message: A message placed or caused to be placed before the public by a person directly involved in the manufacture or sale of the products, property, accommodations, services, attractions or activities or possible substitutes for those things which are the subject of the message; and that refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions or activities that are offered or exist for sale or for hire; or that attracts attention to a business or to products, property, accommodations, services, attractions or activities that are offered or exist for sale or for hire.

Comprehensive plan: Graphic and textual form policies which govern the future development of the city and which consists of various components governing specific geographic areas and functions and services of the city. Current comprehensive plan as it exists or may be amended.

Construction: The creation of an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property or the result of this process.

Contributing property/resource: A building, site, structure, or object adding to the historic significance of a property. For example, a building structure, site or object within a "historic district" that adds to the values or qualities of that district, was present during the period of significance and possesses historic integrity or is listed as one of the following: independently listed as a Palestine historic landmark; independently listed on the National Register of Historic Places; listed as a recorded Texas historic landmark; listed as a historic Texas cemetery; designated as a state archaeological landmark.

Courts: An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

Coverage: The lot area covered by all structures located thereon. Structures shall include main structures and accessory structures with or without a permeable roof.

CPTED (Crime Prevention Through Environmental Design): The concept of CPTED is based upon the following theory: the proper design and effective use of the built environment can lead to the reduction in the incidence and fear of crime, and an improvement in the quality of life.

Curb line: An imaginary line drawn along the edge of the pavement on either side of a public street.

Cutoff: The point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cutoff) at a specific angle above the ground.

Cutoff angle: The maximum angle formed by a line drawn in the direction of emitted light rays at the light source and a line perpendicular to the ground from the light source, beyond which no light is emitted.

DBH: Diameter at breast height.

Demolition by neglect: Demolition by neglect occurs when a party having ownership, custody, or control of a property allows or causes through a failure to perform routine or minimum maintenance gradual or accelerated deterioration of a designated landmark or significantly contributing property resource in a historical district.

Density: The average number of dwelling units per acre for the entire development, including streets.

Developer: Any person who improves or subdivides a tract of land or improves or takes any action preparatory to the erection, improvement or movement of any building or structure on a tract of land.

Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings and/or other structures, paving, drainage, utilities, storage, and agricultural activities.

Disability or handicap, with respect to an individual:

(A)

A physical or mental impairment which substantially limits one or more of such person's major life activities;

(B)

A record of having such an impairment; or

(C)

Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.

District: Any section or sections of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

Dripline: The periphery of the area underneath a tree which would be encompassed by perpendicular lines dropped from the farthest edges of the crown of the tree.

Dwelling unit area: Dwelling unit area is defined as that area devoted to the living area in a residence or dwelling unit and is exclusive of garage, porches, enclosed or open breezeways, storage area or closets, or other non-living space.

Easement: A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Election day: Any day or days that are scheduled for city residents to vote in an election at a selected polling place in the city. Such day or days may include, but not be limited to, uniform local, state and federal election dates, early voting day(s), absentee voting days, general election days, special election days, run-off election days, and other voting days established and defined by federal, state or local laws.

Elevated building (for insurance purposes): A non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

Elevation: An architectural drawing that shows the style, shape, and complexity of a building or structure. It is the view of a building elevation, and its various wall planes, when viewing the entire building straight on, where a horizontal line passing through your shoulders would be parallel to the face of the building.

Entertainment venue: A public entertainment facility property, as defined as the building(s) and land that is primarily designed and used for live entertainment events other than sports.

Erected: Built, constructed, reconstructed, move upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like shall be considered a part of erection.

Excavation: Any breaking of ground, except common household gardening, general farming and ground care.

Exterior architectural feature: The architectural style, design, general arrangement and components of all of the outer surfaces of an "improvement," as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, color, and texture of the building material and the type and style of all windows, doors, lights, signs, and other fixtures belonging to such "improvement."

FAA: Federal Aviation Administration.

Façade: The exterior cladding of a building or structure.

Face change: The change of the copy or when in order to change copy the sign face must be changed too. Face change shall include converting a traditional billboard to an electronic billboard (including the structure changes needed to allow for the face change).

Fair notice: When an applicant, regarding a proposed project, provides the city information sufficient for the city to determine:

(A)

The size, number, location and shape of all lots involved in the project;

(B)

The desired zoning district and the specific uses allowed within the zoning district that will be developed on the property as part of the project;

(C)

The size, number, location and type of improvements to be made on the property as part of the project; and

(D)

The streets, alleys, water mains and taps, sanitary sewer mains and taps and storm sewers that will be necessary to adequately serve the property when the project is complete.

Family: One or more persons related by blood, marriage, or adoption, or a group not to exceed four persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit, including gratuitous guests and domestic servants.

Farmer's market: An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, honey, arts, and crafts for sale. This definition does not include the sale of any type of meat, fish, poultry, eggs, refrigerated dairy products, or home canned or packaged items without meeting the proper state health guidelines and ordinances.

FCC: Federal Communications Commission.

Filling: The depositing or dumping of any matter into or onto the ground except common household gardening and general maintenance.

Filling station: Any building or premises used for the dispensing, sale, or offering for sale any automobile fuels or oils, other than a public garage where any dispensing or sale of fuel in incidental to the use of the premises as a public garage.

Fire lane: A fire apparatus access road according to the International Fire Code.

Firewall: A wall made of fireproof material to prevent the spread of a fire from one part of a building to another.

Flag lot: A lot which has minimum frontage on a public street, which is reached via a private drive or lane whose width some distance back from the street right-of-way, meets all city regulations.

Flood or spot light: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

Floodplain: Any property within the limits as delineated by FEMA (Federal Emergency Management Agency) of the 100-year floodplain or as amended by an engineering flood study of the ultimate developed conditions prior to any reclamation.

Floodway: See Regulatory floodway.

Floor area: The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.

Floor area ratio (FAR): The floor area of a main building or buildings on a lot, excluding structured parking garages, divided by the lot area.

Foot-candle: A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle. When metric units are used, lux is the unit of light quantity. One lux equals one lumen per square meter of area. One foot-candle equals 10.76 lux.

Freestanding structure: Any building for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind and surrounded by yards or open space and not containing permanent provisions for living, sleeping or cooking.

Full cutoff-type of luminaires or horizontal limited luminaires: Luminaires constructed or shielded to direct all light at a cutoff angle of less than 90 degrees.

Garage, private: An enclosed (on at least three sides) accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."

Glare: Direct light emitted from a light source, which is sufficient to cause annoyance, discomfort, or temporary loss of visual performance and visibility.

Grade: A ground elevation established for the purpose of controlling the number of stories and the height of any structure. The building grade shall be determined by the level of the ground adjacent to the walls of any structure if the finished grade is level. If the ground is not level, the grade shall be determined by averaging the elevation of the ground for each face of the structure.

Grand opening: The commencement of operation by a business in a new location or the assumption of ownership of an existing business by a new owner or group of owners.

Groundcover: A spreading plant including sods and grasses with a mature height of less than 18 inches in height.

HABS: Historic American Building Survey.

Hearing authority: The public body authorized to hear and decide a request or an appeal to the regulations established in this chapter.

Heavy load vehicle: A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. the term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Height: The distance measured from the finished grade of the parcel to the highest point on the support structure or other structure, including the base pad and any antenna.

Height of luminary: The height of a luminary shall be the vertical distance from the ground directly below the centerline of the luminary to the lowest direct light emitting part of the luminary.

High-water use zone: A landscape zone composed of high-water usage or non-drought tolerant plants.

HD, historic district: Any area designated as a "Palestine Historic District" by ordinance of the city council and/or any area listed on the National Register of Historic Places which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or features which have a special character or special historical interest or value, representing one or more periods or styles of architecture typical of one or more eras in the history of the city, and causes such area, by reason of such factors, to constitute a distinct section of the city. Such historic districts may also be comprised of archaeological properties.

HL: Historic landmark.

HLC: Historic landmarks commission.

HPO: Historic preservation officer.

Historic property/resource: A building, structure, object or site that is at least 50 years old and that is associated with events of significance, or is strongly associated with persons of significance, or embodies the characteristics of an important architectural style, method of construction or plan type, or may yield cultural and/or archaeological information. It may be within a historic district or individually designated.

Historic zoning overlay: A set of zoning requirements described in the adopted or approved Palestine Residential Design Guidelines, the Palestine Commercial Design Guidelines or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Properties, as applicable to officially designated Palestine landmarks or Palestine historic districts, and as recorded by reference on the city zoning map and in the Palestine Register of Historic Places and imposed in addition to those of the underlying zoning district. Development within a historic zoning overlay must conform to the requirements of both the appropriate design guidelines and city zoning standards, and where conflict between the two arise the more restrictive standards apply.

Illumination level: Average lighting intensity measured at grade (in foot-candles).

Improvement: Any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical improvement of real property, and any part of such improvement.

Incandescent light: Illumination produced by a filament, which is heated by an electric current, including quartz and halogen lights.

Incidental use: Any use different from the primary use but which complements and/or supplements the primary use. Incidental shall mean an area that constitutes not more than 15 percent of the main use. An incidental use is also an accessory use.

Infill development: The development of structures within previously developed areas which utilize the existing infrastructure.

Institutional use: A use that provides health, social, or community services, including uses such as hospitals, churches, public recreational centers, or rehabilitation care facilities.

Integrated business development: Commercial development such as a strip center, mall, multi-tenant office, building, commercial center or industrial complex in which two or more separate businesses occupy a single structure or multiple structures which share on-site parking facilities and common driveways.

Integrity: A condition of a property occurring when such property is physically unaltered or retains a sufficient amount of its historic character defining elements, appearance or ambiance to be recognizable to the period when the property achieved significance.

Invasive species: An alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health. Also, any plant listed on the prohibited plant species list established by the Texas Parks and Wildlife Department.

Irrigation efficiency (IE): The measurement of the amount of water beneficially used by plants divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.

Irrigator: A person who holds a license to practice irrigation in the State of Texas.

ISWM: The integrated stormwater management (iSWM) program, a site development design manual developed by the North Central Texas Council of Governments (NCTCOG).

Lamp: The component of a luminary that produces the actual light.

Landmark: Any "improvement", including archaeological property, which as a special character and/or special historical interest or value, a part of the development of the heritage or cultural characteristics of the city, county, state, or nation and which has been designated as a: Palestine landmark, recorded Texas historic landmark, historic Texas cemetery, Texas subject marker, or state archaeological landmark.

Landscape architect: A person who holds a license to practice landscape architecture in the State of Texas.

Landscape zone: A portion of the landscape area having plants with similar water requirements, site conditions or functions.

Landscaped area: Area within the boundaries of a lot which is devoted to, and consists of, plant material, including, but not limited to, grass, trees, shrubs, flowers, vines and other groundcover, native plant materials, planters, brick, stone, natural forms, water forms, aggregate and other landscape features; provided, however, that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of organic plant material. Smooth concrete or asphalt are not approved materials within the landscaped area

Landscaping: Material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees, and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Length of frontage: The length of any primary or secondary frontage shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, excluding any such wall length clearly unrelated to the frontage criteria. For buildings with two or more frontages, the length and allowable sign area shall be calculated separately for each such frontage. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

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 levees or associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Light load vehicles: A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 11,000 pounds and having no more than two axles, such as pick-up trucks, vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

Light pollution: The shining of light produced by luminaires above the height of the luminaires and into the sky.

Light trespass: The shining of light produced by luminaires beyond the boundaries of the property on which it is located.

Loading space: An off-street space or berth used for the delivery and loading or unloading of vehicles.

Lot: Any plot of land occupied or intended to be occupied by one main building and the required parking, or a group of main buildings, and accessory building and uses, including such open spaces as are required by chapter 39, and other laws or ordinances, and having its principal frontage on a public street or officially approved place.

Lot depth: The distance on a horizontal plane between the midpoint of the front lot line and the midpoint of the rear lot line.

Lot frontage: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot line, front: The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not about the front street line, is not a rear lot line and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines.

Lot line, rear: The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero.

Lot line, side: Any lot line not the front or rear lot line.

Lot lines or property lines: The lines bounding a lot as defined herein.

Lot of record: A lot which is part of a platted subdivision, the plat of which is recorded in the office of the county clerk.

Lot width: The horizontal distance measured between side lot lines parallel to the front lot line and measured from the point on the building line that is closest to the front lot line.

Lot, area: The total area, measured on a horizontal plane, included within lot lines.

Lot, corner: A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot, depth: The mean horizontal distance between the front and rear lot lines. Thoroughfare easements shall not be included in lot depth calculations.

Lot, double frontage: A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot, flag or panhandle: A lot having access to a street by means of a parcel of land having a depth greater than its frontage and having a width less than the minimum required lot width, but not less than 25 feet. The maximum distance of the area less than the required width from the front property line shall be 110 feet.

Lot, interior: A lot other than a corner lot.

Lot, key: A corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are not separated by an alley shall be considered a key lot.

Lumen: Unit used to express the light output of a lamp or fixture.

Luminary: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Luminous tube lighting: Gas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used (e.g. neon, argon, etc.).

Major thoroughfare: As identified on the thoroughfare plan of the comprehensive plan.

Marquee: A roof-like structure of a permanent nature projecting from the wall of a building.

Masonry: That form of construction composed of stone, brick, concrete, hollow clay tile, decorative concrete block or tile, glass block or other similar building units or materials or a combination of these materials laid up unit by unit and set in mortar. For the purposes of this definition, true stucco is considered masonry.

Masonry construction:

(A)

Primary materials: Unless otherwise provided for in this ordinance [chapter], exterior construction materials are fired brick, natural and manufactured stone, granite, marble, architectural concrete block, and three-step stucco process for all structures

(B)

Other materials: Other exterior construction materials for nonresidential structures are tilt wall concrete panels and sealed and painted concrete block.

Miscellaneous hazardous industrial use: Any industrial use not specifically defined in this section that is a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.

Motion: The perceived or actual occurrence of movement generally created by a change in shape, size, color, luminosity, reflectivity, or animation, not static or fixed.

Motor vehicle: Any vehicle designed to carry one or more persons, which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses.

Motorcycle: A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this ordinance [chapter], motorbikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles.

Nameplate: A sign which denotes only the name of the person occupying the premises.

NR: National Register of Historic Places.

Natural landscape zone: A landscape zone composed of native and adapted plants that do not require irrigation after establishment.

Net acreage, lot: The acreage within the platted lot.

Net acreage, subdivision: The total remaining acres of a subdivision after subtracting land dedicated for rights-of-way greater than 60 feet, floodplains, and erosion hazard setbacks, easements greater than 20 feet, areas for thoroughfare screening, and land provided for city and school district purposes.

New urbanism: The process of reintegrating the components of modern life - housing, workplace, shopping, and recreation, into compact, pedestrian friendly, mixed-use neighborhoods linked by transit and set in a larger regional open space framework. New urbanism is commonly referred to as "neotraditional planning" or "traditional neighborhood development."

Nits: A measure of lamination or luminance that is used to compare the brightness of a digital or LED sign. One nit is equal to one candela per meter squared.

Non-canopy tree: Any self-supporting, woody plant with one or more trunks which attains a height of at least 15 feet such as eastern redbud, southern golden raintree, and flowering pear.

Noncommercial message: A message that is not a commercial message.

Nonconforming building (nonconforming structure): A building or structure (or portion thereof) lawfully existing at the time of adoption or the ordinance from which this chapter derives, or subsequent amendment thereto, that does not conform to the provisions of this chapter relative to height, bulk, area, placement or yards for the district in which it is located.

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

Noncontributing property: A building, structure, site or object within a "historic district" that does not add to the values or qualities of that district, was not present during the period of significance, no longer possesses historic integrity due to alterations or is not independently listed as one of the following: a Palestine historic landmark, on the National Register of Historic Places, a recorded Texas historic landmark, a historic Texas cemetery, a Texas subject marker, or state archaeological landmark.

Non-historic property: A building, structure, site or object that is less than 50 years old and is not associated with events, individuals, construction types or styles of historic significance or is not apt to yield cultural and/or archaeological information. It may be within a historic district or associated with a landmarked property.

Nonresidential: Property zoned or used for other than residential purposes.

Object: A construction primarily artistic in nature or relatively small in scale and simply constructed, such as a statue or milepost.

Occupancy classification: The use or intended use of the land or buildings by proprietors or tenants.

Officially approved place of access: Access, other than a dedicated street, to a property, which is approved by the city.

Oil well/gas well and mineral extraction: Area used for development and production and all operational activities associated with oil and gas for any well drilled, to be drilled, or used for the intended or actual production of oil or natural gas, or a well classified as an oil or gas well under the laws of the State of Texas. Mineral extraction is the process of extracting sand, gravel, stone, or other minerals/natural resources from the earth.

Open ornamental fence: Fencing constructed with wrought iron, tubular steel or similar materials and designed to allow for partial visibility from one side of the fence to the other. Open ornamental fences may have solid masonry foundations, columns, or similar features. Chain link fences are not included in this definition.

Outdoor lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

Owner: Any owner, authorized agent or contractor of the owner acting for the owner who constructs, enlarges, alters, repairs, moves or changes the occupancy of a building or structure.

Palestine Register of Historic Places: A comprehensive list, updated annually, of all historic properties and historic districts within the city limits of Palestine, Texas. The register contains identifying information on historic properties designated under local, state, and national programs, including the name of the property (original owners or business, or another long-time historic period owner), street address, type of property (house, commercial, cemetery, etc.), and date of listing.

Parking space: An area reserved exclusively for the parking of a motor vehicle.

Pavement width: The portion of the surface of the street available for vehicular traffic; if curbed, it is that portion of the street between the back of the curb and back of the curb.

Payload capacity: The manufacturer's payload capacity rating for the vehicle or can be determined by the gross vehicle weight rating. The curb weight, typically the payload capacity or weights can be found inside the driver side door jamb of the vehicle.

Period of significance: The period of time in which a historic district or property attained historical significance. If the property is important for its architectural merits, the period is the date of construction or span of time when developed. If the property is important for association with an individual, the period typically includes the time span during which that individual was associated with the property. If the property is important for its association with a period in history, the period is the years during which the historical events occurred.

Permit: A license, certificate, approval, registration, consent, permit, contract or other agreement for the construction or provision of service from a utility owned, operated, or controlled by the city, or other form of authorization required by law, rule, regulation, order, or ordinance, which has been approved by the city, that a person or entity must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought, and for which the application for the permit or information required to be submitted for consideration provides fair notice of the project to the city. Notwithstanding, an ordinance establishing or changing a zoning district, including, but not limited to, an ordinance establishing or amending a planned development district or specific use permit, is not considered a permit.

Person: An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative of any of them.

Photometric plan: A point-by-point plan depicting the intensity and location of lighting on the property.

Plan for development of real property or a plan for development: An administratively complete application for a preliminary site plan or site plan. An application for a preliminary site plan or site plan shall be considered administratively complete when all information required to be submitted by this chapter 39 for consideration has been received by the city, in addition to any required fees.

Planned development district: Planned associations of uses developed as integral land use units such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated or integral land use units either by a single owner or a combination of owners.

Planning and zoning commission: A board, appointed by the city council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the city council. Also referred to as the "commission."

Plant coefficient (PC): A coefficient that, when multiplied by the reference evapotranspiration rate, estimates the amount of water used by plants.

Plot: A single unit or parcel of land that can be identified and referenced to a recorded plat or map.

Premises: Land together with any buildings or structures situated thereon.

Primary and secondary frontage: The frontage of any building or site shall include the elevation(s) facing a public street, facing a primary parking area for the building or tenants, or containing the public entrance(s) to the building or building units. For multi-tenant buildings, the portion of such building that is owned or leased by a single tenant shall be considered a building unit:

(1)

The primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units.

(2)

The secondary frontage shall include frontages containing secondary public entrances to the building or building units, and all walls facing a public street or primary parking area not designated as the primary frontage.

Primary or principal use: The principal or predominant use of any lot or building and/or the main use to which the premises are devoted and the principal use for which the premises exist.

Principal improvement or building: The primary built improvement, which is the largest and most architecturally significant building to the site or an individual parcel within the historic district, or other major structure designated as a historic landmark.

Private street development: A development of two or more lots sharing private gated vehicular access ways that are not dedicated to the public and are not publicly maintained. Private streets and alleys may be established only under the terms of the city's codes and ordinances. The term "private street" shall be inclusive of alleys.

Progress toward completion: See V.T.C.A., Local Government Code, section 245.005(c), as it exists or may be amended, unless another meaning is specified.

Project: An endeavor over which the city exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor.

Property owner: Individuals or other entity listed on the title or with the appraisal district or the representative appointed by such.

Protected residential property: Any property within the city that meets one of the following requirements:

(A)

The property is zoned in a residential district as defined within the zoning ordinance or zoned a planned development for residential uses;

(B)

The property is designated in the comprehensive plan as any type of residential; or

(C)

The property is used or subdivided for use as residential.

Public improvement: One or more of the following: Water lines and appurtenances, sewer lines and appurtenances, streets and/or drainage facilities.

Public right-of-way: Any part of a right-of-way, not privately owned or controlled, which the city or other governmental agency is responsible for maintaining.

Public/semi-public uses: Any uses that are educational, governmental or institutional in nature.

Railroad track and right-of-way: The right-of-way and track used by a railroad, but not including railroad stations, sidings, team tracks, loading facilities, dockyards, or maintenance areas.

Reader panel: A permanently constructed changeable copy bulletin board, lighted or unlighted, with detachable precut letters and figures.

RTHL: Recorded Texas historic landmark.

Recreational vehicle: A vehicle which is:

(i)

Built on a single chassis;

(ii)

Four hundred square feet or less when measured at the largest horizontal projections;

(iii)

Designed to be self-propelled or permanently towable by a light duty truck; and

(iv)

Designed primarily not for use as a permanent dwelling but as temporary living quarters or recreational, camping, travel or seasonal use.

Recycling collection point: An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as in churches and schools.

Redevelopment: Any manmade change or alteration to a design and/or layout of an existing development(s) including repair, expansion and/or removal and replacement of existing building and/or structure, paving drainage, utilities, storage and/or agricultural uses.

Rehabilitation: The process of returning a property to a state of utility through repair or alteration that makes possible a contemporary use while preserving those features of the property significant to its historical, architectural or cultural values.

Removal: Any relocation of a structure on its site or to another site.

Reserve: A tract of land created within a plat that is not divided into lots or proposed for development at the time of platting.

Residential: A tract of land design for or used exclusively to contain a dwelling unit. A primary residential area shall mean a street in which a majority of the total front footage is used for residential purposes.

Residential care: A facility that provides primarily nonmedical resident services to seven or more individuals in need of personal assistance essential for sustaining the activities of daily living, or for the protection of the individual, excluding members of the resident family or persons employed as facility staff, on a 24-hour-a-day basis.

Residential district: District where the primary purpose is residential use.

Restoration: The process of accurately recovering the form and detail of a property and its setting as it appeared at a particular time by the removal of later work or the replacement of missing earlier work.

Riparian buffer: An area of permanent vegetation adjacent to a water course and actively managed to maintain the integrity of stream channels and shorelines to reduce the impact of upland sources by trapping, filtering, and converting pollutants and supplying food, cover, and thermal protection to fish and other wildlife. The director shall establish and maintain a riparian buffer/corridor map.

Roofline: The horizontal line where the wall ends and the roof begins.

Screening: Fences, walls, trees, shrubbery and other landscape elements used to conceal or interfere with the view and reduce noise impact thereof from adjacent properties and public rights-of-way at street level in accordance with the standards set forth in this chapter 39.

Seasonal, holiday and festive decoration: "Holiday" or "festive" shall mean a calendar date or dates associated with a specific event or season, including, but not limited to, New Year's Day, Martin Luther King, Jr. Day, Valentine's Day, Easter, memorial Day, Independence Day, Labor Day, Halloween, Thanksgiving, and Christmas; "decorations" shall mean ornaments, figures, statues, signs, inflatable characters, seasonal lighting, and related products that are placed on a building or in a yard for a temporary period of time in observance of a holiday or festival.

Secondary historic resources: Buildings and structures associated with principal improvements and/or buildings and structures within historic districts and individually designated properties that include, but are not limited to, garages, sheds, wells, barns, carriage houses, foot bridges and other similar auxiliary constructions.

Self-supporting lattice support structure: A self-supporting, open steel frame structure used to support telecommunications equipment.

Setback: The minimum unoccupied distance between the lot line and the principal and accessory buildings, as required in this chapter 39.

Setback, front: The minimum unoccupied distance, extending the full lot width, between the principal and accessory buildings and the front lot line.

Setback, rear: The minimum required unoccupied distance, extending the full lot width, between the principal and accessory buildings and the lot line opposite the front lot line.

Setback, side: The minimum required unoccupied distance, extending from the front setback to the rear setback, between the principal and accessory buildings and the side lot line.

Sign: Any name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, logo, balloon, streamer, valance, advertising display, poster, beacon, light or insignia, and structure supporting any of the same, affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, project, service, place, activity, person, institution, organization, or business. A sign includes any or all of the following, the advertisement, copy, face, structure or any [appurtenances] in erecting or attaching the sign. Except for signs included in the definition of "human signs," the term does not include words or images depicted on clothing or pickets, posters, signs or other items that are carried or held by one or more persons that are not attached, placed into, or rested on the ground.

Sign, a-frame: a portable sign made of two pieces of wood, metal or other similar material connected at the top by hinges or similar de- vices and may collapse when the connecting devices are overextended, or the two pieces of wood, metal or other similar material are against one another. Also, commonly referred to as a "sandwich board sign."

Sign, architectural element: A freestanding sign that is attached to an architectural element (a structure such as a pergola, freestanding canopy, fence, or retaining wall) that is built for the purpose of serving as an architectural enhancement of the site, is architecturally compatible to the main building and the overall site but not including sign structures for other sign types and/or structures for antennas or similar type structures.

Sign, area of: The area of the smallest rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other fixtures, material, or color forming part of the sign. Structural supports bearing no sign copy shall not be included in gross surface area; however, if any portion of the required structural supports becomes enclosed for decorative or architectural purposes, that portion will be included in the total gross surface area of the sign. Gross surface area shall be measured on one side only of a two-faced (back-to-back) sign carrying the same image and message on both faces. Two-faced signs carrying different messages and images on each side shall be considered as separate signs.

Sign, attached: A flat sign, either of solid face construction or individual letters, symbols or pictures, erected, installed or printed, which is placed against the exterior wall of any building or structure and which does not extend more than eight inches from the exterior wall and does not extend above the wall line.

Sign, awning: A wall sign attached to an awning structure (a structure made of metal or other material with frames affixed to a building and carried by a frame, but which does not have supports to the ground other than the main building). If the sign projects over the surface of the awning, then it is considered a roof sign.

Sign, banner: A sign made of flexible materials (paper, plastic, or fabric), with or without a frame, and supported along one or more sides, or at two or more corners, by one or more fixed, rigid supports such as poles or rods. Banner does not include a flag or a pennant.

Sign, base: The footing, foundation, or similar support to support the sign but not including poles.

Sign, pennant: Any cloth, paper, plastic, or similar non-rigid material used for advertising purposes attached to any structure, staff pole, line, framing, tether, or vehicle.

Sign, canopy: A sign attached to a canopy structure (a structure made of metal or other material with frames affixed to a building and carried by a frame, which has supports to the ground other than the main building). If the sign projects over the surface of the canopy, then it is considered a roof sign.

Sign, changeable message: Any on-premises sign or portion of a sign that is capable of changing its message or in text form with or without images, by electronic processes, and shall include, but not be limited to, those on- premises signs employing changeable message light emitting diode technology, commonly referred to as LED signs.

Sign, channel letter: A wall sign or a freestanding sign that is made of only text, symbols, or logos and the sign may or may not be illuminated.

Sign, construction: A temporary sign identifying individuals or companies involved in design, construction, wrecking, or development on the same premises as the sign.

Sign, detached: Any non-movable sign not attached to a building and that is not a temporary sign.

Sign, electrical: A sign containing electrical wiring or utilizing electric current, but not a sign illuminated by an exterior light source.

Sign, exempt: A sign that is not required to follow the regulations included in this chapter 39.

Sign, face of: The entire area of sign that the copy should be attached but is not the copy, itself.

Sign, flag: Detached sign which displays a commercial message on a flag.

Sign, flashing: A sign that creates the perception or actual change in color, brightness, intensity or reflectivity or an illuminated sign on which the artificial source of light is not maintained stationary or constant in intensity and color when the sign is illuminated. For the purpose of this Code, any moving sign displaying alternating illumination being turned on and off which includes a strobe or pulsing effect shall be deemed to be a flashing sign.

Sign, ground: A sign which is a pole sign, a monument sign, a pylon sign or a nonconforming billboard which exists on the effective date of the ordinance.

Sign, height of: The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whoever measurement is the greatest (see section 39.3.6-12, measurement standards, for how to measure height).

Sign, homebuilder: A sign that advertises the name of the builder of single-family residential homes who owns one or more lots in a particular subdivision.

Sign, human: A person dressed in costume, holding a sign, or having a sign affixed to the person where the sign or costume has a commercial message.

Sign, kiosk: A detached sign structure located in or adjacent to public right-of-way that features a city identification panel at the top of each structure and displays directional information according to the requirements of subsection 39.3.6-9(4).

Sign, light pole: A temporary sign that attaches to the specified dimensions of a light pole designed for the purpose or has been approved for the modified purpose of displaying a vertically oriented banner sign of no less than 24 inches and no more than 30 inches in height and is attached to the light pole.

Sign, logo: A sign operated and maintained by the state department of highways and public transportation within the public right-of-way which bears the name and trademark design of a business.

Sign, marquee: A sign on a marquee.

Sign, monument: A sign supported from the grade to the bottom of the sign having or appearing to have a solid and opaque base and used to identify tenants in a building or structure. A monument sign shall contain a minimum one-foot masonry with mortar border around all sides.

Sign, movable: Any temporary sign, made of vinyl, paper, cloth or fabric, polyboard, coroplast or corrugated plastic, poster board, plastic core, cardboard, lightweight plastic, plywood or similar material including signs with wood or wire framing, posts or stakes, supported by the ground, but not permanently attached to the ground, which can be regularly moved from a location at periodic intervals. The term includes "A"-frame or sandwich board signs and bow banner or swooper flags. The term does not include residential yard signs. A movable sign is not considered to be a portable sign.

Sign, moving/whirling: A sign which has any actual or apparent moving, revolving, flashing or rotating parts activated by electric, electronic, kinetic or mechanical devise, or by wind current, and shall include, but not be limited to, balloons, signs which are constructed of or faced with reflective tape or other similar materials, signs which change color, and signs where the intensity of lighting changes or appears to change, this definition does not include the display of time and/or temperature on a sign face. Certain signs and devices of this type are prohibited as described in article III, division 6, of chapter 39.

Sign, mural: An attached sign that is a part of a graphic displayed on the exterior of a building, generally for the purposes of decoration or artistic expression, including, but not limited to, a painting, fresco, or mosaic.

Sign, noncommercial: A sign directing attention to a purpose or cause not created or existing for the generation of profit or for the remuneration of individuals including, but not limited to, religious, charitable, civic or educational purposes of causes.

Sign, nonconforming: A sign that was a legally permitted sign when installed but does not conform to the existing ordinance due to the amendments made after the permit was issued.

Sign, off-premises: A sign which identifies a use, facility or service which is not located on the premises where such sign is displayed; identifies a product which is not produced, sold or manufactured on the premises where such sign is displayed; or advertises or otherwise directs attention to a product, service, activity, person, institution, facility or business which may or may not be identified by a brand name and which occurs or is primarily conducted, sold, manufactured, produced or offered elsewhere than on the premises where such sign is displayed.

Sign, on-premises: Any sign identifying, advertising, or providing information about the business, person, activity, goods, products or services primarily sold or offered for sale on the premises where the sign is installed and maintained when such premises is used for business purposes.

Sign, permanent: A sign that is fixed in the nature that is erected, affixed, or maintained on the premises and is not a temporary sign as defined in this chapter.

Sign, pole: A sign that is mounted on a freestanding pole or poles.

Sign, political: A sign pertaining to any national, state, county, or local election involving a candidate for a public office, taxation or bond proposal, legal or legislative amendment, an issue being considered for public referendum, or for a similar purpose or cause.

Sign, portable: A sign designed or constructed to be easily moved from one location to another, including signs mounted upon, or designed to be mounted upon, a trailer, bench, wheeled carrier or other motorized or non-motorized mobile structure or vehicle, whether or not its wheels have been removed. For the purpose of this chapter, trailer signs and signs on benches are portable signs.

Sign, poster: A wall sign that is static, not electronic and is mounted flat against and projecting less than 12 inches from, or painted directly on an exterior wall of, a building or structure with the exposed face of the sign in a plane parallel to the face of the wall to which it is attached.

Sign, premises: A sign which is located upon the premises where the business, profession, activity, commodity, service or entertainment referred to by the sign is located.

Sign, prohibited: A sign that is not allowed in the city.

Sign, projecting: A sign which is affixed to a building wall or structure and which extends beyond the building wall or structure more than 12 inches.

Sign, pylon: A permanent freestanding sign which has at least 25 percent of the sign structure width in contact with the ground and in which the sign face is separated from ground level by means of one or more supports such as poles, pole covers or columns. Poles and supports shall be concealed.

Sign, residential yard: A sign for the purpose of advertising the sale or rent of real estate, and also including signs advertising yard sales, estate sales, garage sales, or children's lemonade or similar stands, and only when the sign is on the same premises as the location of the residential use.

Sign, restricted or incidental parking: A temporary or permanent sign in a parking lot, or curbside parking area, which designates restricted parking of any type, including, but not limited to, customer parking only, employees of the month, time-limited parking, emergency parking, and similar restricted designations.

Sign, roof: A sign erected or maintained above or on the sloped roof of any building or above the parapet wall or the mansard roof of a flat roof building.

Sign, structure: The structure or other means whereby the sign face or copy is attached in one or more points. Attachments include, but are not limited to, poles, brackets, concrete footings, framework, uprights, catwalks, etc.

Sign, temporary: A sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other light material. A portable sign shall not be considered a temporary sign.

Sign, vehicle: A sign mounted, painted or otherwise placed on a truck, bus, car, boat, trailer or other vehicle or equipment and used in such a manner that the sign is visible from a public street or right-of-way. Vehicles and equipment engaged in active construction or repair projects, and the on-premises storage of equipment and vehicles offered to the general public for rent or lease, shall not be considered to be vehicle signs. The term does not include bumper stickers, window stickers, or license plate frames.

Sign, wayfinding: A directional sign that is part of a sign system for the purpose of directing traffic, both vehicular and pedestrian, to the public's desired location.

Sign, wind: A cloth or plastic or other flexible light material made in strips, triangles or other shapes, figures, or objects which are fastened together or to ground by wire, rope, cord, string or other means in such manner as to move by wind pressure.

Sign, window: A sign attached to, placed upon, or painted on the exterior or interior of a window or door, of a building, which is intended for viewing from the exterior of such building.

Single-occupant detached commercial or industrial building: A commercial or industrial building which contains a single occupant, and which is not a part of an integrated business development or which is located in a reserve that is part of, but is physically separated by a distance of more than 50 feet from any other structure in, an integrated business development

Significant resource: Any designated property, district or landmark as defined in this section. This term may be used interchangeably with landmark or significant property.

Sign plan—Integrated business development: A plan as defined in article III, division 6 and approved per the regulations of chapter 39; showing all signage for a development site that has at least one 75,000 square feet or more single nonresidential user or for a site that is minimum five-acres with at least 100,000 square feet of rentable nonresidential space.

Site: Any parcel of land located within the city limits of Palestine, Texas, which is considered to be historically significant.

Site plan: A plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this chapter 39.

Smart controller: Smart controllers estimate or measure depletion of available plant soil moisture in order to operate an irrigation system, replenishing water as needed while minimizing excess water use. A properly programmed smart controller requires initial site-specific set-up and will make irrigation schedule adjustments, including run times and required cycles, throughout the irrigation season without human intervention.

Special event: An event or gathering open to the public, with or without ticket purchase, in areas or venues not specifically designated for that purpose and which requires a temporary exception to otherwise applicable rules or requirements.

Sports venue: A public entertainment facility property, as defined as the building(s) and land that is primarily designed and used for live sporting events.

SAL: State archaeological landmark.

Storage building: A structure used as an accessory building which is subordinate to the primary building and is used for storage purposes. This type of building excludes shipping/cargo containers.

Storm shelter: An underground structure or bunker constructed outside of the primary building which provides refuge from violent weather.

Story: That part of a building between the surface of a floor and the ceiling immediately above.

Story, half: A single room within a dwelling unit above the second floor. A half-story will occupy no less than two-thirds of the area under the roof and shall have non-operating opaque windows for façades that face adjacent properties. Transparent windows may face the front yard. A half-story containing independent apartment, living quarters, or bedroom shall be counted as a full story.

Street: Any public or private street or easement used for movement of traffic and access.

Street frontage: The length of a lot or tract of land which is adjacent to a public or private street.

Street grade: The average elevation of the projected corners of a property, adjacent to a dedicated street right-of-way or roadway easement, the elevation of the corners being measured at the top of curb, or centerline of street is no curb is present.

Street, arterial: Streets with a primary purpose of the movement of traffic. Direct access is primarily limited to significant land uses.

Street, collector: Streets that which provides access to nonresidential land uses and connects local streets to the system's arterial streets.

Street, half: A vehicular access way created if only a portion of the required right-of-way width or pavement width is dedicated and/or constructed.

Street, intersection: Any street that joins another street at an angle, whether or not it crosses the other.

Street, local: A street with the primary purpose of providing access to adjacent land; characterized by low volume and low speeds.

Street, private: A vehicular access way under private ownership and maintenance providing access to building units in the interior of a lot.

Street, public: The entire width between property lines of any road, street, way, alley, bridge or other similar thoroughfare, not privately owned or controlled, which is open to the public for vehicular traffic and which the city or other governmental agency is responsible for maintaining.

Street, residential: A street in which a majority of the total front footage is used for residential purposes.

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

Structural soil: A soil medium which is designed to meet or exceed pavement load bearing requirements while remaining root penetrable and supportive of tree growth.

Structure: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground including, but not limited to, buildings of all types, advertising signs and billboards, but excluding:

(1)

Fences, boundary and retaining walls in the side or rear yard; and

(2)

Basketball goals, flagpoles and ornamental yard lights.

Subdivision plat: A map or drawing of a proposed subdivision prepared in a manner suitable for recording in the county records and containing accurate and detailed engineering and survey data, dimensions, dedicatory statements and certificates, including:

1.

Preliminary plat: See chapter 40.

2.

Final plat: See chapter 40.

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 50 percent of the market value of the structure before the damage occurred.

Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This 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 correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

(2)

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Temporary irrigation: An irrigation system that is used to establish native and adapted plants species and is removed after a one-year establishment period.

Temporary outdoor lighting: The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than four calendar days with at least 180 calendar days passing before being used again.

Tract: An un-platted area, parcel, site, piece of land, or property that is the subject of a zoning or development application.

Trailer rental: The display and offering for rent of trailers designed to be towed by light load vehicles.

Trailer, hauling: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer, travel or camping: A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants designed to be towed behind another vehicle.

Trailer/manufactured home display and sales: The offering for sale, storage, or display of trailers or manufactured homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Tree: A woody plant having one well-defined stem or trunk having a more or less definitely formed crown, and ordinarily attaining a mature height of not less than six feet.

Tree diameter: The diameter of a tree is measured four feet above ground at the time of planting or, if measuring an existing tree, at the time of development.

Tree, protected: Any tree six inches or larger in diameter when measured at a point four and one-half feet above the ground level and which normally attains a height of at least 12 feet at maturity.

Tree, replacement or transplanted:

(A)

Any tree that is listed under article III, division 4 of this chapter 39, zoning ordinance, as it exists or may be amended, and/or utilized for mitigation of protected trees that have been or are required to be removed and replaced or transplanted under the requirements of the ordinance.

(B)

A replacement tree is one that has been planted to mitigate the removal of a tree from the property.

(C)

A transplanted tree is one that exists on the property and is relocated within the property.

(D)

Replacement/transplanted trees are a minimum size of three inches when measured at a point 12 inches above the natural ground level and will normally attain a height of at least 12 feet at maturity.

Tree, street: A street tree is a tree required between the back of the curb and the sidewalk.

Truck: A light or heavy load vehicle (see definition for light and heavy load vehicle).

Underground shelter: Any structure built primarily below ground level.

Unified development: The separate ownership of single units or apartments in a multiple unit structure with common elements.

Urban mixed use: A development or portion of a development that includes a mixture of residential and nonresidential uses in a configuration where a majority of the buildings are two or more stories tall and pedestrian oriented.

Usable open space:

(A)

Usable open space. An area or recreational facility that is designed and intended to be used for outdoor living and/or recreation.

(B)

Space defined. An area of common usable open space:

(i)

Shall have a slope not exceeding ten percent;

(ii)

Shall have no dimension of less than 15 feet; and

(iii)

May include recreational facilities, water features, required perimeter landscape areas, floodplain areas and decorative objects such as art work or fountains.

(C)

Usable open space shall not include:

(i)

Walks,

(ii)

Rooftops,

(iii)

Accessory buildings, except those portions or any building designed specifically for recreational purposes,

(iv)

Parking areas,

(v)

Landscaped parking requirements,

(vi)

Driveways,

(vii)

Turn-arounds, or

(viii)

Right-of-way or easement for streets or alleys.

Utility easement: A right held by the city or the public to make use of the land of another for the limited purpose of placement of water, wastewater or other utility lines.

Variance: An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the zoning board of adjustment of the city can grant a variance.

Village green: A communal usable open space area or park central to a neighborhood.

Wall line: The surface that connects the foundation to the roof.

Water resource zone: A landscape zone that is designed for the purpose of capturing, filtering, reusing or infiltrating rainwater with the intended purpose of protecting and conserving water resources.

Watercourse: A definite channel of a stream in which water flows within a defined bed and banks, originating from a definite source. The water may flow continuously or intermittently, and if the latter, with some degree of regularity, depending on the characteristics of the source.

Wind energy conversion systems, farm or utility: The principal use of the land is the commercial production of energy through one or multiple wind energy conversion systems (WECS).

Wind energy conversion systems, small: A small wind energy conversion systems (WECS) shall be defined as any device such as a wind charger, windmill, or wind turbine, which converts wind energy to a form of usable energy and is an incidental use to the primary use of a property.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this ordinance [chapter] that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

Yard, front: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

Yard, rear: The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side: the open space between a building and the side lot lines, but not including any part of the front or rear yards.

Zoning application: A request to consider an ordinance establishing or changing a zoning district, including, but not limited to, an ordinance establishing or amending a planned development district or specific use permit.

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

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

Accessory structure: Any structure, either attached or detached from the main dwelling, the use of which is incidental to that of the main structure and located on the same lot. Accessory structures include, but are not limited to, patio covers, arbors, gazebos, cabanas, outdoor kitchens and/or recreational fire enclosures, trellis, and structures/sheds or the like. A permit is required for all accessory structures. Also, referred to as accessory buildings.

Accessory use of a building: A subordinate use or building customarily incident to and located on the lot occupied by the main use or building.

Agricultural use: A use that consist of the growing of crops mainly for food and fiber, or the keeping, grazing, breeding, or feeding of animals for the products they produce or for eventual sale.

Agriculture: Any land or building used for pasturage, floriculture, dairying, horticulture, forestry and livestock or poultry husbandry.

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

Alcoholic beverage establishment: Any establishment that derives 75 percent or more of its gross revenue on a quarterly basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, for on-premises consumption.

Alcoholic beverage soles: Any establishment, place of business, or person engaged in the selling of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premises personal or household consumption.

Amenity center: A recreational facility, including, but not limited to, clubhouse, swimming pool, play area, operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public.

Antenna: Any exterior transmitting or receiving device mounted on a support structure or building and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, television signals, or other communication signals.

Also an instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum.

Antenna and/or antenna support structure, commercial: An antenna and its support structure used for commercial broadcasting or telecommunication purposes. This definition shall also include a satellite dish exceeding 12 feet in diameter and a microwave-transmitting tower. All radiating equipment must comply with Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable state and federal regulatory agency requirements and guidelines for human safety, as they exist or may be amended. Definition includes ancillary ground equipment.

Antenna and/or antenna support structure, non-commercial: An instrument or device consisting of wires, poles, rods, or reflecting discs and its support structure not exceeding 40 feet in height above the ground elevation at the base of the support structure, designed for transmitting or receiving any portion of the radio, microwave, or electromagnetic spectrum. This definition shall also include a satellite dish antenna not to exceed 12 feet in diameter.

Antenna, stealth: A stealth antenna is a commercial antenna that is designed to be non-obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth antennas include, but are not limited to:

(A)

Antennas within a building's attic space;

(B)

Antennas on the roof of a minimum three-story building and not visible from the property line of the lot on which the antenna is located;

(C)

Antennas on a public utility structure, such as a water tower or high transmission line support tower, and painted to match the structure;

(D)

Antennas located within a structure such as a flagpole, church steeple, subdivision monument, clock tower, or similar architectural feature, and antennas located on an athletic field light pole;

(E)

Example of stealth antennas.

Antenna support structure: Any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of transmission, retransmission, and/or reception of electromagnetic, radio, television, or microwave signals.

Antique shop and used furniture: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building.

Apartment: A room or suite of rooms in a multifamily residence arranged, designed, or occupied as a place of residence by a single family, individual, or group of individuals.

Artisan's workshop: An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items.

Assisted living facility: A facility providing residence, supervision and daily assistance for individuals, generally persons 55 years of age or older, with common dining and recreational areas designed for the needs of the elderly. Services in these establishments include assistance with routine living functions that are non-medical in nature, such as dressing, grooming, bathing, and social and recreational services, such as meal services, transportation, housekeeping, linen and organized social activities. An assisted living facility may include an adult daycare as an accessory use.

Athletic stadium or field, private: A private field(s) and structure used for sporting events with associated spectator seating, either permanent or temporary.

Athletic stadium or field, public: A field(s) and structure owned and operated by the city and/or a local independent school district used for sporting events with associated spectator seating, either permanent or temporary.

Auto parts sales, outside: The use of any land area for the display and sale of new or used parts, including tires, for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Automobile paid parking lot/garage: An area or structure where a fee is charged for parking automobiles and which serves as the primary use on the lot. This use does not include the storage of gasoline.

Automobile parking lot/garage: An area or structure where the parking of automobiles serves as the primary use on the lot. This use does not include the storage of gasoline.

Automobile repair, major: General repair or reconditioning of engines, air-conditioning systems, and transmissions for automobiles; wrecker or towing service with on-site storage of vehicles; collision services including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire retreading; insurance estimations with on-site storage; undercoating and rust proofing, and other similar uses.

Automobile repair, minor: An establishment used for the dispensing or sales of automobile fuels, lubricants, and automobile accessories; the minor repair or replacement of parts and performing state inspections and making minor repairs necessary to pass said inspection; automobile detailing; window tinting, and the sales and installation of automobile radios. Uses listed under "automobile repair, major" or any other similar uses are not included. Vehicles, which are inoperative or are being repaired, may not remain parked outside for a period greater than seven calendar days.

Automobile sales, used: Sales of used automobiles or light load vehicles.

Automobile sales/leasing, new: Sales, rental, and/or leasing of new automobiles or light load vehicles, including, as accessory uses: automobile sales, used; automobile repair, major; and automobile storage.

Automobile storage: The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, lease, distribution, or storage.

Bank, savings and loan, or credit union: An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds, including automated teller machines.

Beauty salon/barber shop: Establishments primarily engaged in providing services generally involved in the care of the person or his apparel including, but not limited to, barber and beauty shops, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.

Bed and breakfast inn: An owner (or operator) occupied residence with up to five bedrooms available for overnight guests. A bed and breakfast inn may provide for guest stays up to 14 consecutive calendar days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A bed and breakfast inn shall not include restaurants, banquet facilities, or similar services.

Bicycle rental stand: Bike racks belonging to a bike sharing program, where multiple bikes are locked into the dock, and can only be released a computer located in a kiosk at one end. The user enters their payment information, and the computer unlocks one of the available bikes. When the user returns the bike, they place it in the dock, and enter their information into the computer, and it locks the bike into the dock.

Big box retail development: Big box uses are defined as single tenant retail buildings over 70,000 square feet.

Boarding or rooming house: A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons, but not to exceed eight persons.

Body art studio: An establishment whose services include tattooing and/or body piercing. Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. Body piercing shall mean the creation of an opening in an individual's body to insert jewelry or another decoration.

Building material and hardware sales, major: An establishment for the sale of materials customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise.

Building material and hardware sales, minor: An establishment for the sale of materials customarily used in the construction of buildings and other structures, without any outside storage or display of materials or merchandise.

Bus terminal: Any premises for the transient parking or storage of motor-driven buses and the loading and unloading of passengers.

Business service: An establishment primarily engaged in providing services not elsewhere classified, to business enterprises on a fee contract basis, including, but not limited to, advertising agencies, computer programming and software services, and office equipment sales, rental, leasing, or repair.

Cabinet/upholstery shop: An establishment for the production, display, and sale of cabinets, furniture, and soft coverings for furniture.

Campground or recreational vehicle park: Any area that is designed for occupancy by transients using tents, mobile trailers, or recreational vehicles for temporary sleeping purposes.

Car wash, full-service: A facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration.

Car wash, self-service: A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.

Caretaker's/guard residence: A residence located on a premises with a main nonresidential use and occupied only by a caretaker or guard, and his/her family, employed on the premises.

Cemetery or mausoleum: Property used for the interring of the dead.

Child care—Foster family home (independent): Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a single independent home that is the primary residence of the foster parents and licensed to provide care for six or fewer children up to the age of 18 years.

Child care—Licensed child-care home: Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, the primary caregiver provides care in the caregiver's own residence for children from birth through 13 years. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

Child care—Listed family home: Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a caregiver at least 18 years old who provides care in her own home for compensation, for three or fewer children unrelated to the caregiver, ages birth through 13 years. Regular care is provided, which is care provided for at least four hours a day, three or more days a week, and more than nine consecutive weeks. The total number of children in care, including children related to the caregiver, may not exceed 12.

Child care—Registered child-care home: Per the definition of the Department of Family and Protective Services (DFPS) or as amended by the DFPS, a caregiver who provides regular care in her own home for not more than six children from birth through 13 years. Child day care can be provided for six additional school-aged children before and after the customary school day. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.

Church: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. "Day care" provided for infants, or pre-school children (or as defined in Texas Admin. Code, Ch. 746, subsection A) is specifically excluded as a use customarily associated with such primary purpose.

Church, temple, synagogue, mosque, or other place of worship: A building used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns, rabbis, or other religious personnel on the premises (tax exempt as defined by state law). For the purposes of this ordinance [chapter], Bible study and other similar activities that occur in a person's primary residence shall not apply to this definition.

Civic/convention center: A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes.

Club: An organization or persons for special purposes or for the promulgation of sports, arts, science, literature, politics or similar activities, but not operated for profit and open only to members and not the general public.

College, university, trade, or private boarding school: An institution established for educational purposes offering courses for study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation. A boarding school is an educational institution offering primary and secondary level courses. Dormitories for students and employees only are permitted in conjunction with these uses.

Commercial amusement, indoor: An enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas.

Commercial amusement, outdoor: An enterprise providing for outdoor recreational activities, services, amusements, and instruction for an admission fee, including, but not limited to, batting cages, miniature golf, go-kart tracks, and carnivals.

Community center: A building or portion of a building owned and/or operated by a government entity or not-for-profit agency in which facilities are provided for civic, educational, political, or social purposes.

Concrete/asphalt batching plant, permanent: A permanent manufacturing facility for the production of concrete or asphalt.

Concrete/asphalt batching plant, temporary: A temporary manufacturing facility for the on-site production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Condominium: See unified development.

Construction yard and field office, temporary: A building, structure, or storage/assembly yard used in conjunction with a development project for housing temporary supervisory or administrative functions related to development, construction, or the sale of real estate properties within the development and subject to removal at completion of construction.

Contractor's shop and/or storage yard: A building, part of a building, or land area for the construction or storage (inside or out) of materials, tools, products, and vehicle fleets.

Convenience store with gas pump: A retail establishment that sells food and other consumable and non-consumable products for off-premises use or consumption. This definition shall also include the dispensing or sales of motor vehicle fuels, lubricants, and accessories, but shall not include automobile repair or the sale of replacement parts.

Convenience store without gas pumps: A retail establishment that sells food and other consumable and non-consumable products for off-premises use or consumption.

Day services, adult: A facility that provides services under an adult day care program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult day services centers (also referred to as adult day care centers) must be licensed by the Texas Department of Human Services.

Dry cleaning, major: An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

Ory cleaning, minor: A custom cleaning shop or pick-up station not exceeding 6,000 square feet of floor area, including, but not limited to, dry cleaning plants having no more than 1,500 square feet of floor area for dry cleaning equipment.

Dwelling, multiple family: A building used or designed as a residence for three or more families living together independently of each other.

Dwelling, secondary: A smaller dwelling unit on the same lot as the primary single-family dwelling unit that may be used as a separate residence or as an accessory use. The secondary dwelling unit shall adhere to the size requirements of the accessory use in that district. Also known as mother-in-law quarters.

Dwelling, single-family: A detached building, designed for or occupied exclusively by one family.

Dwelling, two-fomily/duplex: A detached building, designed for or occupied by two families living independently of each other.

Dwelling unit: One or more rooms with bathroom and principal kitchen facilities designed as a self-contained unit for occupancy by one family for living, cooking and sleeping purposes.

Educational use: A use that provides instruction and training in a wide variety of subjects provided by specialized establishments, such as schools, colleges, universities, and training centers.

Electrical power generating plant: All equipment, fixtures, and property operated or maintained in connection with the production of electricity and transmission of electricity produced.

Equipment and machinery sales and rental, major: A building or open area used for the display, sale, rental, or storage of heavy equipment and machinery.

Equipment and machinery sales and rental, minor: A building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not limited to, bicycles, lawn mowers, tools, and other small machinery.

Fairgrounds/exhibition area: An area where outdoor fairs, circuses, or exhibitions are held.

Farm, ranch, stable, garden, or orchard: An area which is used for the cultivation of vegetables, fruits, and grain or for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, and sheep 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 or law.

Feed store: An establishment for the selling of corn, grain, and other foodstuffs for animals and livestock and including other implements and goods related to agricultural processes, but not including farm machinery.

Flea market, inside: A building or structure wherein space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Flea market, outside: An outdoor site where space is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

Fortune teller/psychic: A use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune telling shall include, but is not limited to, uses where the fortune is told through astrology, augury, card or tea reading, ceromancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship, necromancy, palmistry, psychometry, phrenology, prophecy, and spiritual reading. Fortune telling does not include forecasting based on historical trends or patterns or religious dogma.

Fraternal organization, lodge, civic club,fraternity, or sorority: An organized group having a restricted membership and specific purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.

Full-service hotel: A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration, where customary hotel services such as linen, housekeeping service, and telephone are provided. The property must also provide a minimum of 120 guest rooms and offer a minimum of 8,000 square feet of meeting space. Additional amenities to which must be provided include a full-service restaurant that is open to the public, and a combined total of at least 1,000 square feet, which may include a swimming pool, fitness facilities, game courts, or spas. Financial consideration for hotel room units is generally calculated on a nightly basis.

Furniture restoration: A workshop that specializes in furniture refinishing, including the use of all materials, tools, and chemicals associated with the use.

Garage apartment: A dwelling unit erected in conjunction with a garage when the main structure is an owner-occupied detached dwelling unit.

Gas pumps: Any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels.

General manufacturing/industrial use complying with performance standards: Manufacturing of finished products and component products or parts through the processing of materials or substances, including basic industrial processing. Such operations shall be determined by health, fire, and chief building official not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.

Golf course and/or country club: A land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available only to members and their guests.

Governmental office: A building used for the provision of governmental executive, management, administrative, and/or postal services. Governmental offices include those facilities owned and/or operated by city, special district, county, state, and federal agencies.

Guest house: An accessory building used to house guests of the owner(s) of the main residential structure, and which is never rented or offered for rent.

Gymnastics/dance studio: A building or portion of a building used as a place of work for a gymnast, dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts.

Hall, dance: An establishment open to the general public for entertainment, in particular, dancing.

Hall, reception/banquet/meeting: A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged.

Health/fitness center: A public or private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to, game courts, weightlifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.

Helistop: An accessory use where helicopters can land and take off but excluding refueling, maintenance, repairs, and storage of helicopters.

Home occupation: An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential premises by the occupant of the residence. Home occupations shall be subject to the conditions set forth in article II, division 4.

Homebuilder marketing center: A building or structure used for the marketing and sale of lots or homes.

Hospital: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, helistops, outpatient facilities, or training facilities as licensed by the State of Texas.

Household care facility: A dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; terminally ill; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. Where applicable, a household care facility shall have appropriate licensing and/or registration by the State of Texas.

Indoor gun or archery range: Any indoor facility opens to the public and occupying all or a portion of a building where firearms and/or archery are discharged for testing or recreation purposes.

Industrial: A business, plant, factory, or enterprise for production of goods, merchandise or machines.

Industrial park: A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Kennel: A use primarily engaged in providing pet care services (except veterinary) for four or more animals, such as boarding, grooming, sitting, and training pets.

Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive.

Laundromat: A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron.

Limited assembly and manufacturing use complying with performance standards: The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing. Such operations shall be determined by health, fire, and building officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation.

Limited-service hotel: A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen. housekeeping service, and telephone are provided. The property must also provide a minimum of 90 guest rooms and offer a minimum of 3,000 square feet and a maximum of 7,999 square feet of meeting space. Financial consideration for hotel room units is generally calculated on a nightly basis.

Locksmith/security system company: Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems.

Machine shop: A workshop where metal fabrication tools, including, but not limited to, lathes, presses, and mills, are used for making, finishing, or repairing machines or machine parts.

Manufactured home (for the purposes of floodplain regulation): A structure transportable in one 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 (HUD code): A factory-built, single-family structure, which is manufactured or constructed under authority of 42 U.S.C. Sec. S403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation and is constructed with a permanent chassis and displays a red HUD certification label.

Manufactured housing (mobile home): A manufactured home (formerly known as a mobile home) is built to the Manufactured Home Construction and Safety Standards (HUD Code) and displays a red certification label on the exterior of each transportable section. Manufactured homes are built in the controlled environment of a manufacturing plant and are transported in one or more sections on a permanent chassis.

Manufactured housing (mobile home) park: A parcel of land under single ownership, operated as a commercial enterprise, which has been planned and improved for the parking of manufactured housing or mobile homes, for the purpose of occupying such as single-family residences. Such parks provide water, sewer, electric utilities and access ways, and may provide playgrounds and public use areas. A "trailer park".

Manufactured housing (mobile home) sales and service facility: A commercial facility utilized for display, sale and service of manufactured housing, mobile homes, travel trailers and motor homes.

Manufactured housing (mobile home) subdivision: A residential area designed and platted for the permanent placement of manufactured housing or mobile homes in a predetermined arrangement, with each mobile home being placed on a separate, platted lot. Not a trailer park.

Massage therapy, licensed: Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by state law, "massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths.

Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Massage therapy, unlicensed: Any place of business in which massage therapy is practiced by an unlicensed massage therapist. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Mini-warehouse/self-storage: A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual storage unit.

Mobilefood vendor: Any person or persons who operates or sells food from a stationary cart, or trailer mounted on chassis, but without an engine for period of 15 calendar days or greater per year. Mobile food vendors who operate for 14 calendar days or less shall be considered temporary food establishments, as defined by the city health ordinance as it exists or may be amended.

Mobile home: A movable or portable dwelling structure which is constructed to be towed on its own chassis, is capable of being connected to public utilities, and is designed for year-round living as a single-family dwelling unit without the necessity of a permanent foundation. The term "mobile home" shall not include pickup campers, travel trailers, motorhomes, converted buses, tent trailers or other transportable structures designed for temporary use.

Model home: A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

Modular home (or industrialized housing): Per Section 1202 of the Texas Occupations Code or as may be amended:

(A)

Modular or industrialized housing is a residential structure that is:

(1)

Designed for the occupancy of one or more families;

{2)

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and

(3)

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.

(B)

Modular or industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

(C)

Modular or industrialized housing does not include:

(1)

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;

(2)

Housing constructed of a sectional or panelized system that does not use a modular component; or

(3)

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Modular or factory fabricated home: A dwelling prefabricated off-site and assembled from two or more units or sections as a fixed dwelling unit on a lot or tract and erected on a permanent foundation or slab.

Mortuary/funeral parlor: A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Motel: A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Each motel room unit has direct access to the outside. Financial consideration for motel room units is generally calculated on a nightly basis.

Motorcycle sales/service: The display, sale, repair, and servicing of new or used motorcycles.

Multifamily residence: Attached dwelling units designed to be occupied by three or more households living independently of one another, exclusive of hotels, motels, or residence hotels.

Municipal uses operated by the city: Any area, land, building, structure, and/or facility owned, used, leased, or operated by the city, including, but not limited to, administrative office, maintenance facility, fire station, library, sewage treatment plant, police station, water tower, service center, park, heliport, helistop, and golf course.

Museum/art gallery: A building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods.

New manufactured home park or subdivision (for purposes of flood hazard regulations): 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.

Nonconforming use: The use of a building or structure or of a parcel or tract of land, lawfully existing at the time of adoption of this chapter or subsequent amendment thereto, that does not conform to the regulations of the district in which it is situated.

Nursery, major: An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor or outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted.

Nursery, minor: A retail business for the display and/or sale of trees, shrubs, flowers, ornamental plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside storage or display.

Nursing/convalescent home: An institutional facility licensed by the State of Texas providing in patient health care, personal care or rehabilitative services over a long period of time generally exceeding 30 days to persons chronically ill, aged or disabled who need on-going health supervision but not including hospitals. This use excludes the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.

Office and storage area for public/private utility: The pole yard, maintenance yard, or administrative office of public or private utilities.

Office center: A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a coffee shop, newspaper or candy stand.

Office, administrative, medical, or professional: A building used for the provision of executive, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services including real estate, property management, investment, medical, architect, engineer, travel, secretarial services, accounting organizations and associations, and vehicle rental office without on-site storage of fleet vehicles.

Office/showroom: A building that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall not exceed 50 percent of the total floor area. This designation does not include contractor's shop and storage yard.

Office/warehouse/distribution center: A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Omni antenna: A thin, vertical whip-type antenna that delivers an omni directional signal.

Outside merchandise display, temporary: This definition does not include temporary outside merchandise display, such as a sidewalk sale.

Outside storage and display: A primary land use providing outdoor storage or display of commodities, materials, goods, equipment, vehicles, or merchandise in its normal day-to-day business activities. This definition excludes new and used sale or lease of automobiles, motorcycles recreational vehicles, boats, or watercrafts.

Park or playground: A temporary display of merchandise for sale outside of a building for no more than 72 hours.

Parking lot: An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.

Patio home (or zero lot line residence): A lot which is designed in such a manner that the side yard and adjacent use easement make maximum use of available land area to preserve an open, yet private, use of the side yard, and permits construction of a detached single-family dwelling with one side of such dwelling placed on the side property line.

Pawn shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker).

Portable building sales: An establishment that displays and sells structures which are capable of being carried and transported to another location, not including manufactured homes.

Principal use: The main use to which the premises are devoted and the principal use for which the premises exist.

Print shop, major: An establishment specializing in long-run printing operations including, but not limited to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes.

Print shop, minor: An establishment specializing in short-run operations to produce newsletters, flyers, resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating, and blue printing processes. This definition shall include mailing and shipping services, but excludes the on-site storage of heavy load fleet vehicles.

Private club: An establishment holding a private club permit under V.T.C.A., Alcoholic Beverage Code, chapter 32 or 33, as amended, that derives 35 percent or more of its gross revenue from the sale or service of alcoholic beverages for on-premises consumption and that is located within a dry area as defined in V.T.C.A., Alcoholic Beverage Code, title 6, local option elections, as amended. Private club does not include a fraternal or veteran's organization, as defined in the Texas Alcoholic Beverage Code, as amended, holding a private club permit under V.T.C.A., Alcoholic Beverage Code, chapter 32 or 33. A private club does not include the holder of a food and beverage certificate, as defined in the Texas Alcoholic Beverage Code, as amended. Unless the person owning or operating the use supplies the chief building official with records to prove otherwise, an establishment holding a private club permit under V.T.C.A., Alcoholic Beverage Code, chapter 32 or 33, as amended, is presumed to derive 35 percent or more of its gross revenue from the sale or service of alcoholic beverages for on-premises consumption.

Private utility (other than listed): A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating equipment must comply with current Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable state and federal regulatory agency requirements and guidelines for human safety.

Public parking lot(s): An area, other than street or public way, provided for self-parking by employees, visitors, and/or patrons of any state or local government, any public accommodations, retail or office establishments, or any other business open to the general public.

Public utility: Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public: gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

Recreational vehicle (RV): A portable or mobile living unit used for temporary human occupancy away from the place of permanent residence of the occupants and self-propelled (motorized). Also see heavy load vehicle.

Recreational vehicle (RV) park: An area set aside and offered to the public by any person for the parking and accommodation of two or more recreational vehicles.

Recreational vehicle sales and service, new/used: Sales and/or leasing of new and/or used recreational vehicles or boats, including, as an accessory use, repair work of recreational vehicles and boats.

Recreational vehicle/truck parking lot or garage: An area or structure designed for the short or long-term parking or storage of recreational vehicles, boats, or heavy load vehicles.

Recycling center: A facility in which recoverable resources, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.

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

Rehabilitation carefacility: Subject to being licensed to operate by the Texas Department of Aging and Disability Services (DADS), a dwelling unit which provides residence and care to not more than nine 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.

Rehabilitation care institution: Subject to being licensed to operate by the Texas Department of Again and Disability Services (DADS), a facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.

Research and development center: A facility that includes laboratories and experimental equipment for medical testing, prototype design and development, and product testing. Any facility that is determined by health, fire, or building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not to be included in this category.

Residence: Any building or portion thereof, which is designed or used as living quarters for one or more households.

Residence hotel (extended stay hotel): A building or group of buildings used as a temporary dwelling place for individuals in exchange for financial consideration where customary hotel services such as linen, housekeeping service, and telephone are provided. Residence hotel room units are designed to be suitable for long term occupancy with financial consideration being calculated on a nightly, weekly, and/or monthly basis. Typical residence hotel attributes include, but are not limited to, kitchen facilities, two-story design, and external doorways into room units.

Restaurant: An eating establishment whose primary function is the sale, dispensing or service of food, refreshments and beverages to customers. All food must be prepared and cooked in a commercial kitchen on the premises. This may include such eating establishments as dining rooms, drive-in restaurants, fast-food restaurants, cafes, cafeterias, and carryout restaurants, but specifically excludes bars, taverns, saloons, cabarets, or other similar establishments which service 75 percent or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages.

Restaurant, drive-in: An eating establishment where primarily food or drink is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Retail stores and shops: An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Retail/service, incidental: Any use different from the primary use but which complements and/or supplements the primary use. Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use. Incidental shall mean an area that constitutes not more than 15 percent of the main use.

Retirement housing: Any age restricted development which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care.

Riparian corridor: An ecosystem that includes three major components: stream channel, floodplain, and transitional upland fringe. The director shall establish and maintain a riparian buffer/corridor map indicating riparian corridor locations.

Roof-mounted wireless communication antennas: Shall not be permitted on buildings with pitched roofs unless they are stealth antennas incorporated into upward-thrusting architectural elements such as a church steeple, spire, or bell tower, smokestack or radio tower. On flat roofs, the height of the antenna and mounting hardware may not be more than 15 feet above the highest point of the roof to which the antenna is attached.

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

Salvage yard: Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.

Satellite dish antenna: An oval or round, parabolic apparatus capable of receiving television communications.

School district bus yard: Any premises owned and/or operated by an independent school district used for the parking and storage of motor-driven buses.

School, private: A school operated by a private or religious agency or corporation other than an independent school district, having a curriculum generally equivalent to a public elementary or secondary school.

School, public: A school operated by an independent school district and providing elementary or secondary curriculum.

Servant's quarters: An accessory dwelling in a residential district for the sole use and occupancy of a person or persons employed on the premises by the occupant on a full-time basis as domestic help.

Sewage treatment plant/pumping station: A facility owned and/or operated by a private entity that is designed for the collection, removal, treatment, and/or disposal of water borne sewage.

Sexually oriented uses: Sexually oriented establishments and businesses as defined in City Ordinance Nos. 87-05-03, 91-02-05, 97-10-18, and 97-10-19 as they exist or may be amended. Sexually oriented uses include, but are not limited to, adult bookstore, adult video store, adult theater, adult cabaret, sexual encounter center, and nude modeling center.

Shipping/cargo container: A portable compartment that is subordinate to the primary building for which freight is placed for the convenience of movement.

Shipping/cargo container house: Dwelling unit constructed using a portion of or one or more shipping/cargo containers as the main construction material.

Short-term rental: A residential property, including a single-family dwelling or a unit in a condominium, cooperative, or time-share, that is rented wholly or partly for a fee for a period no longer than 30 consecutive days.

Shopping center: A group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Single-family residence, attached: A building having separate accommodations for, and occupied by not more than, two households, whereby each individual dwelling unit is located on a separate lot of record as a result of the property line being coincident with the common wall separating each dwelling unit, such that dwelling units may be individually owned.

Single-family residence, detached: A dwelling designed and constructed for occupancy by one household and having no physical connection to a building located on any other separate lot or tract.

Small engine repair shop: A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery.

Stable, commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules.

Stealth antenna: See the definition of "alternative antenna support structure".

Storage or wholesale warehouse: A building used primarily for the storage of goods and materials.

Studio residence: A residence that includes up to 50 percent of its total floor area as a work area for a photographer, artist, musician, architect, or similar occupation. The primary occupant of the work area must also be a permanent resident of the dwelling unit. All activities associated with the studio shall take place in the primary structure, as opposed to an accessory building or yard.

Taxidermist: An establishment whose principal business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state.

Telecommunication tower: A structure designed for the support of one or more antennas and including guyed and self-supporting lattice towers or monopoles but not including disguised support structures or buildings. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular phone towers, alternative tower structures, and the like.

Telecommunications facility: Any unmanned facility consisting of equipment for the transmission, switching, and/or receiving of wireless communications. Such facility may be elevated (either structure-mounted or ground-mounted) transmitting and receiving antennas, low-power mobile radio service base station equipment, and interconnection equipment. The categories of facility types include both roof and/or structure-mount facilities and telecommunications support structures.

Telephone exchange: A central switching hub servicing the public at large in which telephone lines are connected to permit communication.

Temporary antenna: An antenna and supporting equipment used on a temporary basis in conjunction with a special event, emergency situation, or in case of equipment failure.

Temporary building: A building used for a temporary period of time in connection with construction on the premises of which it is located, real estate sales, and educational, municipal or church functions; or an industrialized or modular building or structure without a permanent foundation shall be considered a temporary building. Membrane structures shall not be considered a temporary building.

Theater, drive-in: An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater, neighborhood: A building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live performances, with a maximum of ten screens, stages, or combination thereof or a combined seating capacity of 2,500 or less.

Theater, regional: A building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live performance having more than ten screens, stages, or combination thereof or a combined seating capacity greater than 2,500.

Tiny house: A dwelling that is 400 square feet (37 square meters) or less in floor area excluding lofts. A tiny house has a conventional foundation and does not have a permanent chassis for transport.

Townhome: A structure containing three to eight dwelling units with each unit designed for occupancy by one household and each unit attached to another by a common wall.

Townhouse: A structure which is one of a series of dwelling units designed and used for only single-family occupancy, ground to sky, with no entrances or exits to or from the adjoining structures, if any.

Transit center: Any premises, including train or bus stations, for the loading and unloading of passengers and the temporary parking of transit vehicles between routes or during stopovers and excluding overnight parking and storage of transit vehicles.

Truck sales, heavy trucks: The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition.

Truck terminal: An area and building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis, including facilities for the temporary storage of loads prior to shipment.

Truck/bus repair: An establishment providing major and minor repair services to panel trucks, vans, trailers, recreational vehicles, or buses.

Two-family residence (duplex): A detached dwelling designed with a common vertical wall between units and to be occupied by two households living independently of each other.

Use: The purpose or activity for which any land or building is designed, arranged or intended, or for which it is so occupied or maintained, and shall include any manner of such activity with respect to the standards of this chapter.

Utility distribution/transmission line: Facilities, including subsidiary stations, that serve to distribute, transmit, transform, or reduce the pressure of gas, water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines, and metering stations.

Utility structure: Any structure built primarily for the storage of tools, such as garden and lawn equipment, and also means an electrical transmission or distribution tower or an elevated water storage tank.

Veterinarian clinic and/or kennel, indoor: An establishment, not including outside pens/kennels, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Veterinarian clinic and/or kennel, outdoor: An establishment with outdoor pens/kennels, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.

Water treatment plant: A facility owned and/or operated by a private entity that is used to alter the physical, chemical, or biological quality of water.

Yagi antenna: A horizontal beam-type, directional antenna with short vertical bars, generally used for micro cells.

Zero property line housing: Housing commonly known as patio homes containing detached living units constructed so that one side of the unit is placed on the property line without openings.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021; Ord. No. O-13-24, § 4(Exh. C), 5-28-2024; Ord. No. O-14-25, § 2(Exh. C), 3-24-2025)