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Pantego City Zoning Code

ARTICLE 14

02 DEFINITIONS

§ 14.02.005 Terms and words defined.

For the purpose of this article the following terms, words and phrases shall have the meanings assigned thereto as follows:
Accessory structure.
A structure, either attached or detached from the main structure, the use of which is incidental or secondary to that of the main structure on the same lot. Where an accessory structure is substantially attached to the main structure, as by a roof or common wall, the accessory structure may be deemed a part of the main structure. Accessory structures include, but are not limited to, patio covers, arbors, gazebos, outdoor kitchens, trellis and other like structures.
Accessory use.
A use which is incidental or secondary to the main use on the same property.
Adult entertainment establishment.
Shall be as defined in the adult entertainment regulations of this chapter, article 14.11 of this chapter. All definitions contained in the adult entertainment regulations are incorporated herein by reference to article 14.11 of this chapter.
Advertising display.
A display, device, sign, flag, light, figure, statue, picture, letter, word, message, symbol, plaque, or poster visible from outside the premises on which it is located and designed to inform or attract the attention of persons not on the premises. For the purposes of this chapter, artwork that does not include lettering or logos for advertising is not advertising display.
Alcoholic beverage establishment.
Any establishment that derives over fifty percent (50%) or more of its gross revenue on an annual basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, for on-premises consumption.
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 (sign).
To change the size, shape, outline, intent, or type of sign, or to change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel.
Amusement center.
A public place of business, the primary use of which is devoted to the exhibition, display, or use of amusement machines. The term “amusement machine” shall mean every machine of any kind or character whatsoever, when such machine or machines dispense or are used or are capable of being used or operated for amusement or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the vending of merchandise, music or a service such as telephone service, laundry service, etc. The term amusement machine shall mean those machines reasonably contemplated by the terms of V.T.C.A., Occupational Code, chp. 2153, but shall include all such herein defined machines regardless of whether such machines are coin-operated.
Antenna.
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, commercial.
An antenna and its support structure used for commercial broadcasting or telecommunication purposes. This definition shall also include a satellite dish exceeding twelve feet (12') 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, noncommercial.
An instrument or device consisting of wires, poles, rods, or reflecting discs and its support structure not exceeding forty feet (40') 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 twelve feet (12') in diameter.
Antenna, stealth.
A stealth antenna is an antenna that is designed to be nonobtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth antennas include, but are not limited to:
(1) 
Antennas within a building’s attic space;
(2) 
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;
(3) 
Antennas on a public utility structure, such as a water tower or high transmission line support tower, and painted/colored to match the structure;
(4) 
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.
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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/used furniture.
A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period.
Assisted living facility.
A facility providing residence, supervision and daily assistance for individuals, generally persons fifty-five (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 nonmedical 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.
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.
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.
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.
Awning.
A roof-like structure often made of canvas or plastic, that serves as a shelter, as over a storefront, window, door, or deck.
Bank/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.
Barbershop/beauty salon.
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, nail salons, etc. May allow ear piercing and cosmetic tattooing as accessory uses.
Basement.
A story having more than one-half (1/2) of its height below grade.
Beacon.
Any light with a beam directed into the atmosphere or directed at a point which is not on the same lot or tract of land as the light source, or a light with one or more beams that rotate or move. For the purposes of this chapter, a searchlight is not considered a beacon.
Bed and breakfast establishment.
An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A bed and breakfast inn may provide for guest stays up to fourteen (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.
Billboard advertising sign.
A sign which is the primary use of land (not accessory use) and which directs attention to a business, product, activity or service which is not conducted, sold, offered or located on the premises where the sign is located.
Board.
The zoning board of adjustment of the town.
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.
Buffer yard.
A strip of land, together with a specified amount of planting and any structures that may be required between land uses to eliminate or minimize conflict between the uses.
Building.
Any structure used or intended for supporting or sheltering any use or occupancy.
Building height.
The vertical distance between the average of the highest and lowest points of grade of that portion of the lot covered by the building to the highest point of a structure.
Building line.
A line parallel, or approximately parallel, to any front lot line at a specific distance therefrom, marking the minimum distance from the front lot line that a building may be erected.
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Building material/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/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.
Building official.
The designated government official whose responsibility, as it pertains to this chapter, is to assist the zoning administrator in the administration and enforcement of the provisions of this chapter. These activities may include, but are not limited to, reviewing applications for permits, corresponding and/or meeting with applicants, issuing and denying permits, inspecting, interpreting and enforcing the provisions of this chapter.
Call center.
A facility at which a majority of the activities conducted consists of telephone calls or internet communications, placed or received by workers located at that facility for the purpose of:
(1) 
Inducing persons who are not located at that facility to make a donation or make a purchase, or rent, or claim, or receive any item or any goods or any services or any real property or any personal property or any intangible item of value; or
(2) 
Routing or rerouting calls or internet communications to or from another location for any of the purposes described in subsection (1); or
(3) 
Providing customer service or assistance to existing customers; or
(4) 
Routing or rerouting calls or internet communications to or from existing customers in connection with technical support or customer assistance sought by such existing customers; or
(5) 
Any other substantially similar business operation in which a majority portion of the activities conducted at the facility consists of placing or receiving telephone calls or internet communications.
Canopy.
A roof-like structure that may be self-supported, such as a gas pump island, or that projects from the wall of a building, with at least three unenclosed sides, and which overhangs a parking area, private drive or walkway.
Carwash (full service).
A facility where a customer can have a motorcycle, automobile and/or light load vehicle washed in exchange for financial consideration.
Carwash (self service).
A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and/or light load vehicles.
Carport.
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides.
Child-care facility.
A facility used for any type of group day-care program, including, without limitation, nurseries for children, nursery schools for children under the minimum age for education in the public schools, kindergartens (when not a part of a public or parochial school), day camp, after-school care for school children or other similar programs, when the same involves the care of more than six persons, exclusive of persons in the immediate family of the facility operator.
Church, 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 chapter, bible study and other similar activities that occur in a person’s primary residence shall not apply to this definition.
Club, lodge or fraternal organization.
An organized group having a restricted membership and specific purpose related to the welfare of the members including, but not limited to, Lions, Kiwanis, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union.
College, university, or trade 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.
Commercial recreation.
An enterprise providing for commercial recreational activities, services, amusements, and instruction for a fee. Uses may include, but are not limited to, bowling alleys, ice or roller skating rinks, amusement centers (as defined herein), batting cages, miniature golf, go-kart tracks, and/or practice areas.
Commission.
The planning and zoning commission of the town.
Company logo flag.
A flag containing the official logo of a company or organization located in the town limits.
Conditional use.
A use within a zoning district that has certain restrictions, requirements or conditions that are imposed due to the specific nature of that use.
Construction 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 shop (major).
A construction trade type use, including: heating/air conditioning, building construction, electrical, landscaping service, plumbing and similar uses, that contains inside and outside construction and storage areas for materials, tools, products, vehicles, etc.
Contractor shop (minor).
A construction trade type use, including: heating/air conditioning, building construction, electrical, landscaping service, plumbing and similar uses, that contains construction and storage areas for materials, tools, products, vehicles, etc. within a completely enclosed building.
Convenience store.
A retail establishment that sells a limited line of food and other consumable and nonconsumable products for off-premises use or consumption. This definition may 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.
Credit access business.
Has the meaning given that term in section 393.601 of the Texas Finance Code and also includes any business that is a financial institution that is also a credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan.
Curbline.
An imaginary line drawn along the outermost part or back of the curb and gutter on either side of a public street, or, if there is no curb and gutter, along the outermost portion of the paved roadway, or if there is no paved roadway, along the edge of the traveled portion of the roadway.
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.
Development review committee.
The development review committee (DRC) is a reviewing body in the town comprised of representatives from the public works, community development, fire, and police departments and city engineer who review all development applications for compliance with town codes and ordinances.
Donation box.
Any drop-off box, container, trailer or other receptacle that is intended for use as a collection point for accepting donated textiles, clothing, shoes, books, toys, dishes, household items, or other salvageable items of personal property.
Drilling and production of gas/oil and related activities.
All activities pertaining to and associated with the development, production and operation of gas/oil within the town, as governed by article 4.06 “gas drilling and production” of this code.
Dry cleaning, major.
An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.
Dry cleaning, minor.
A custom cleaning shop or pick-up station not exceeding three thousand (3,000) square feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand (1,000) square feet of floor area for dry cleaning equipment.
Dwelling, one-family.
A building containing a single dwelling unit, and occupied by a family, but not including a boardinghouse or roominghouse.
Dwelling, multiple.
A building containing three or more dwelling units.
Dwelling, two-family.
A building containing two dwelling units.
Dwelling, upper story.
A dwelling unit that is constructed above the ground floor story of a multi-story building as part of a mixed use development.
Electronic message center.
Any sign that utilizes changeable copy messages through internal illumination from light emitting diodes (LED) or other light sources.
Emergency shelter.
A child-care institution which provides short-term care for children. Emergency shelter care includes the provision of food, clothing, shelter, medical care, and the formulation of a plan for continuing care outside the shelter. Current minimum standards as used by the state department of family and protective services shall apply to all emergency shelters.
Equipment/machinery sales/service/rental, major.
A building or open area used for the display, sale, service, rental, and/or storage of heavy equipment and machinery.
Equipment/machinery sales/service/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.
Erect.
To build, construct, attach, hang, place, suspend, or affix something, including painting when in reference to a building or fence sign.
Face, building.
The area of a building that faces a street, parking area, or private drive.
Family.
One or more persons occupying a dwelling unit and living as a single housekeeping unit.
Feed store.
A building or structure used for the inside display and sales 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.
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, weight lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracks.
Flag.
A piece of cloth, usually rectangular, used as the symbol, standard, or emblem of a nation, state or organization that is typically flown from a pole.
Flag, business.
A piece of cloth, usually rectangular, displaying a business name and/or logo located in the town limits.
Flag, government.
An official flag of the United States of America, the State of Texas, or a political subdivision located in the state.
Fluorescent.
A color that appears very bright, vivid, or glowing to the human eye.
Front side.
The side of a donation box that contains any opening that allows the depositing of donated items.
Frontage, street.
The length of that part of a zoning lot that fronts a public street.
Furniture restoration.
A workshop that specializes in furniture refinishing and upholstery, including the use of all materials, tools, and chemicals associated with the use.
Garage, private.
An accessory building, enclosed on at least three (3) sides, designed or used for the storage only of vehicles owned and used by the occupants of the building to which it is accessory.
Garage sale.
An occasional sale of merchandise that has not been purchased for resale, such as clothing and housewares, when the sale is conducted at a place of residence.
Gas compression facilities.
A facility or site that is designed to include one of more devices, and supporting infrastructure and equipment, that raise the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline.
GPS.
Global positioning system.
Grade.
A reference plane representing the average of the finished ground level adjoining the building within five feet of all exterior walls.
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Grocery store.
A marketplace where foodstuffs and general household supplies are sold.
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 town, special district, county, state, and federal agencies.
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.
Heavy load vehicle.
A self-propelled vehicle, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles.
Home occupation.
An activity or occupation contained entirely within the enclosed area of the dwelling unit, garage, or accessory buildings and which is a customarily incidental use. The use shall be clearly incidental and subordinate to its use for residential purposes by the occupants and which uses only equipment or furniture normally found in the dwelling unit, garage or accessory building.
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.
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. Hotel room units are accessed through doorways into an internal hallway, courtyard, or lobby. Financial consideration for hotel room units is generally calculated on a nightly basis.
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 fifteen percent (15%) of the main use. An incidental use is also an accessory use.
Institution.
A building occupied by a nonprofit corporation or nonprofit establishment for public use.
Kennel.
A use primarily engaged in providing pet care services (except veterinary) for four (4) or more animals, such as boarding, grooming, sitting, and training pets.
Laundromat.
A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patron[.]
Lift compressor.
A device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well.
Loading space.
An off-street space or berth used for the delivery and loading or unloading of vehicles.
Logo.
A registered trademark of an organization, individual, company, or product which is commonly used in advertising to identify that organization, individual company, or product.
Lot.
A parcel of land whose boundaries are designed on a plat recorded under the provisions of article 974a, Texas Revised Civil Statutes.
Lot, corner.
A lot abutting upon two or more streets at their intersection.
Lot, double frontage.
A lot having a frontage on two streets as distinguished from a corner lot.
Lot, reverse corner.
A corner lot that has a front lot line perpendicular to an adjoining lot’s front lot line and where the rear of the reverse corner lot abuts upon the side of another lot.
Lot of record.
A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk.
Lot width.
The distance between the side lot lines, measured along the building setback line when one is required, and otherwise along the street line, except, however, in case of an irregularly shaped lot the width of lot shall be the average of greatest and least distances between the side lot lines.
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Luminance.
The brightness of a sign or a portion thereof expressed in terms of footcandles.
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.
Masonry construction.
(1) 
Primary materials.
Unless otherwise provided for in this chapter, exterior construction materials are fired brick, natural and manufactured stone, granite, marble and architectural concrete block for all structures.
(2) 
Other materials.
Other exterior construction materials for nonresidential structures are tilt wall concrete panels and sealed and painted concrete block.
Manufacturing/processing/fabrication.
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.
Marquee.
A permanent roof-like structure extending from part of the wall of a building not supported by the ground, and constructed of durable material such as metal, glass, or wood.
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.
Medical clinic.
Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured as outpatients only.
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.
Mixed use development.
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. Uses proposed as part of a mixed use development shall be limited to those uses permitted in the particular district in which the mixed use is being applied.
Mobile food service site.
The use of a property to contain a registered mobile food service use (i.e. snow cone stand, food truck, etc.) for stated time period.
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.
Motor vehicle impound lot.
An establishment used for the temporary storage of motor vehicles removed from public or private property by impoundment pursuant to state law or town ordinance.
Municipal uses operated by the town.
Any area, land, building, structure, and/or facility owned, used, leased, or operated by the town, including, but not limited to, administrative office, maintenance facility, fire station, library, police station, water tower, service center and park area.
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.
Nonconforming use, building or yard.
A use, building or yard which was lawful at the time it was established; and does not, by reason of design, use or dimensions, conform to the district 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 providing in-patient health-care, personal care or rehabilitative services over a long period of time generally exceeding thirty 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.
Occupancy classification.
The use or intended use of the land or buildings by proprietors or tenants.
Off-street parking.
Parking on privately owned property.
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.
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. Chainlink fences are not included in this definition.
Outdoor display.
An area of designated size, located on the outside of a building or structure, used for the display of merchandise, goods, wares or tangible property normally sold, rented or leased within the business on the property where the merchandise is displayed.
Outdoor storage.
The keeping, in an unenclosed area, of personal or business property, goods, junk, wares, or merchandise that relate to the use of the lot but are not located in that specific spot for customer viewing or immediate sale (see outdoor display), in the same place, for a period of more than twenty-four (24) hours.
Package sales.
An establishment principally for the retail sale of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, as amended, to the general public for off-premises consumption and rendering services that are incidental to the sale of such goods.
Parking, off-premises.
A nonresidential lot of property used for the parking of motor-driven vehicles serving a business on a separate lot within three hundred feet (300') of the off-premises parking lot.
Parking area.
An open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.
Parking garage, public.
A commercial building or portion thereof designed or used exclusively for storage of motor-driven vehicles.
Parking lot.
An open surfaced area used exclusively for the temporary storage of motor vehicles, but no vehicles are to be equipped, repaired, rented or sold.
Parking space.
A paved area, enclosed or unenclosed, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a surfaced driveway which affords ingress and egress for vehicles.
Pawn shop.
An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker).
Permitted use (principal use).
The predominant or primary use of a parcel of land or lot.
Pharmacy.
A retail storefront with a dispensary where medications are stored and dispensed.
Photometric plan.
A point-by-point plan depicting the intensity and location of lighting on the property.
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.
Premises.
A lot, together with all buildings and structures existing thereon.
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.
Public.
When used as an adjective, belonging to or part of a governmental entity.
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) or towed. Also see heavy load vehicle.
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 storage.
An area or structure designed for the short or long-term parking or storage of recreational vehicles, boats, or heavy load vehicles.
Redevelopment.
The improvement or enhancement of a previously developed property, including buildings, facilities, structures, landscaping, etc.
Restaurant/food service.
An establishment used for the business of the preparing and/or serving of food items for on premises, human consumption (such as restaurants, cafes and cafeterias), and including also food establishments having drive-through, pickup or carryout facilities.
Retail new goods (major).
Any business selling new goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. For the purposes of this code [chapter], major retail uses typically encompass such businesses over three thousand square feet (3,000 ft2) in floor area.
Retail new goods (minor).
Any business selling new goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. For the purposes of this code [chapter], minor retail uses typically encompass such businesses less than three thousand square feet (3,000 ft2) in floor area.
Retail used goods.
Any business selling used goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale.
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 fifteen percent (15%) of the main use.
Right-of-way.
The surface of, and the space above and below, any street, road, highway, freeway, tollway, lane, path, drainageway, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, fire lane or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the city, but shall specifically excludes private property.
Roofline.
The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
Roominghouse.
A building other than a hotel where lodging is provided for definite periods for compensation pursuant to previous arrangement.
School, public/private.
A school operated by an independent school district, private or religious agency or corporation and providing elementary or secondary curriculum.
Sign.
Any display, design, device, pictorial or other representation that is constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for advertising and directs attention to an object, product, service, place, activity, person, institution, organization, or business. The term “sign” shall include the supporting structure but shall not include the support structure when calculating the square footage of signage permitted per lot.
Sign, abandoned.
A sign that identifies or advertises a business, lessor or owner that is no longer in existence at the location.
Sign, building.
A permanent sign that has its supporting structure depending on a building for support and includes wall signs, canopy signs, under canopy signs and outdoor menu board signs.
Sign, canopy.
A permanent sign attached to, or painted on, a canopy.
Sign, commercial banner.
A temporary sign intended to be affixed to a building or fence, constructed of plastic, cloth, canvas, vinyl or other flexible material, and which is used by its colors, characters, lettering, illustration or ornamentation to call attention to an establishment on the site. Flags are not to be considered banners for the purposes of this chapter.
Sign, commercial.
Any sign, regardless of its location or construction, whose wording or other contents, directly or indirectly, names, advertises or calls attention to any business, product, service, institution, organization, event, cause, purpose or other activity.
Sign, community event.
A sign that solicits support for or advertises a nonprofit community use, town event, public use or social institution. Such signs may include, but not limited to seasonal holidays, school activities, charitable programs, community festivals, religious activities, or events of community interest, but not including any business sign or real estate sign.
Sign, construction trade.
A temporary sign installed to advertise a specific construction company working on a jobsite or the financing company for the project.
Sign, dilapidated or deteriorated.
A sign where any portion of the finished material, surface, or message portion of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed, or whose elements or the structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown by high winds or by the failure of a structural support).
Sign, feather banner/flag.
A temporary sign that is constructed of lightweight material (such as cloth, canvas or vinyl) affixed to a pole or building which is similar to a flag, except that it is longer than it is wide. A feather banner resembles a feather, in that it is tall and narrow, having more surface area vertically than horizontally when fully extended.
Sign, flashing.
A sign with flashing, blinking, moving, rotating or traveling lights, or with lights that changes in color or intensity, whether the sign is directly or indirectly illuminated, except for a message center.
Sign, freestanding.
The general term for any on-site sign which is independent of any other structure.
Sign, ground.
A permanent sign that has its supporting structure depending on the ground for attachment, including, but not limited to freestanding signs, pole signs, monument signs, outdoor menu message boards, electronic message boards, and traffic directional signs.
Sign, illegal.
A sign that was constructed or erected in violation of regulations that existed at the time it was built; or a sign that was in compliance with regulations when it was originally constructed or erected, but no longer complies and is declared abandoned, obsolete, or otherwise in violation of the existing regulations by the zoning administrator or his/her designee. Legal nonconforming signs are not considered illegal provided they comply with this chapter.
Sign, incidental.
Any sign that has a purpose secondary to the operation of the business or use of the property that provides information rather than advertising. Examples of such signs are directional signs, hours of operation, accepted credit cards, and parking information.
Sign, inflatable or balloon.
A device filled with air or other gasses either sealed or fed with a constant air supply (fan or pressure fed) designed to attract attention to a business or event. An inflatable device includes but is not limited to a balloon that is lighter than air and tethered, a balloon that is filled with air and anchored, or another inflatable device that is set in motion by a constant air supply (air-powered device).
Sign, manual message center.
A sign or part of a sign that is designed so that characters, letters, or illustrations can be manually changed or rearranged without altering the face or surface of the sign, such as a marquee, monument sign, or a gasoline price sign.
Sign, menu board.
A permanent sign that displays menus and related prices in connection with outdoor drive-through food service windows, and may include an audible speaker and microphone integral to the sign.
Sign, monument.
A permanent ground sign constructed out of metal, brick, stone or cast concrete material supported on concrete foundation across the entire base of the structure.
Sign, multi-tenant.
A permanent ground sign that provides advertising media for certain sized multi-tenant developments.
Sign, nonconforming.
A sign that does not conform to the regulations of this or other town ordinances, but which was erected or constructed in accordance with town ordinances existing at the time of its placement or construction.
Sign, obsolete.
Any sign that no longer serves a bona fide use or purpose on a lot with or without a structure.
Sign, pennant.
A sign, usually consisting of pieces of cloth, paper, plastic or other nonrigid material that taper to a point, used for advertising purposes and attached to any structure, staff pole, line, or framing, not including business flags.
Sign, permanent.
A sign that is fixed in nature that is erected, affixed, or maintained on a premises for a period of time.
Sign, pole.
Any sign erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign cabinet and the ground.
Sign, portable.
A sign mounted on portable or movable frames or structures, including signs placed on, but not affixed or attached to the ground, which can be easily moved from one location to another.
Sign, roof.
A sign fastened to or resting on the roof of a structure. For purposes of this chapter, a canopy sign is not considered a roof sign.
Sign, search light.
A large outdoor lighting apparatus with reflectors for projecting a powerful beam of light of approximately parallel rays into the atmosphere to attract attention to a business or a specific location.
Sign, temporary.
Any sign, banner, pennant, portable or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames, and any type sign not permanently attached to the ground, wall or building, intended to be displayed for a short period of time only.
Sign, tenant.
A building sign installed to identify a single business in a multi-tenant building or shopping center.
Sign, under-canopy.
A permanent building sign that is mounted perpendicular to an exterior wall of a building so that it is under a canopy.
Sign, vehicle advertising.
A sign that is painted, magnetic, or attached to a vehicle, intended to advertise a business or service.
Sign, wall.
Any sign attached to, mounted, or erected parallel to the face of any building or structure.
Sign, window.
A sign painted, placed, or affixed in the visible window area, intended to advertise a product or service.
Sign area.
A calculation that means the area of the sign to be computed by drawing a line or lines around the sign’s text and artwork in such a way as to form a rectangle oriented horizontally or vertically. The sum square footage of these figures shall be considered as the total area of the sign face. A sign may be single or double faced, i.e. have one or two sides.
Sign height.
The vertical distance measured at its highest point above ground level at the base. For purposes of measurement, the natural grade shall be the elevation created by the undisturbed existing grade, or by normal site grading, when creating a development site. It shall not include any super elevation treatment.
Sign illumination, indirect.
A source of external illumination located a distance away from the sign, but designed specifically to illuminate the sign, and which is not visible to persons viewing the sign from any normal position of view.
Sign illumination, internal.
A source of illumination entirely within the sign which makes the contents of the sign visible at night by means of the light being transmitted through a translucent material but wherein the source of the illumination is not visible.
Sign rider.
An attachment to a real estate sign “detailing” certain features of the property, such as “four bedroom,” “pool,” “game room,” or the agent’s name.
Small engine repair shop.
A shop for the repair of lawnmowers, chainsaws, lawn equipment, and other small engine equipment and machinery.
Smoking establishment.
A business establishment that is dedicated, in whole or in part, to the use or consumption of smoking products, including but not limited to establishments known variously as cigar lounges, hookah lounges, cigar cafes, hookah cafes, cigar bars, hookah bars, tobacco bars, cigar clubs, hookah clubs, tobacco clubs, etc. and includes any establishment that allows:
(1) 
The on-site purchase of smoking products or the on-site purchase or rental or furnishing of accessories intended or adapted or provided for the use or consumption of smoking products; and
(2) 
The on-site smoking or consumption of smoking products.
Smoking product.
Tobacco, tobacco substitutes, electronic cigarettes, any similar substances, or any type of material designed, adapted, or intended to be smoked.
Solar energy systems.
A device or combination of devices or elements that rely on direct sunlight for the following uses: heating or cooling of a structure or building; heating or pumping of water; or generating electricity. A system or device that is a 12-volt system or that generates less than 400 watts shall not be considered a solar energy system.
Specific use.
A use permitted only upon showing that such use in a specified location will comply with all conditions and standards as specified by the zoning ordinance and which may be imposed by the planning and zoning commission and town council.
Story.
That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surfaces of the topmost floor and the ceiling or roof above.
Street.
A public or private thoroughfare which affords the principal means of access to abutting property.
Street right-of-way line.
A dividing line between a lot, tract or parcel of land and an abutting street.
Structure.
Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, fences or pergolas.
Structural alterations.
Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls or any other change or modification that pertains to the structural integrity of the building.
Support structure (for a sign).
Any pole(s), post(s), column(s), strut(s), cable(s), or other structural fixture(s) or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol, or work using characters in excess of one inch (1") in height, nor is internally or decoratively illuminated.
Temporary building.
An industrialized or modular building or structure without a permanent foundation shall be considered a temporary building. Membrane structures and tents shall not be considered temporary buildings.
Temporary tents/similar structures.
Tents or similar structures that are installed on private commercial property for a special event or activity. These structures must meet all requirements of the building code, fire code and town’s Code of Ordinances.
Theater (major).
A building or portion of a building used primarily for showing motion pictures or for dramatic, musical, or live performance having more than ten (10) screens, stages, or combination thereof or a combined seating capacity greater than two thousand five hundred (2,500).
Theater (minor).
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 (10) screens, stages, or combination thereof or a combined seating capacity of two thousand five hundred (2,500) or less.
Town.
The Town of Pantego, Texas.
Townhouse.
A single-family dwelling, on a separate lot which fronts on a street, a court, or a private access easement, which is attached to one or more similar dwellings by a common wall or walls, and which in combination with said attached dwellings constitutes an architectural whole, one of which shall consist of not less than four (4) and not more than eight (8) townhouse units.
Trailer sales/rental.
The display and offering for sale and/or rent of trailers designed to be towed by light load vehicles.
Variance.
An adjustment in the application of the specific regulations of the zoning chapter 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.
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.
Visibility triangle.
A triangle of sight as defined in article 12.08, sight obstructions of this code.
Warehouse.
A building used primarily for the storage of goods and materials.
Warehouse, with on-site principal use.
A building primarily devoted to storage, warehousing, and distribution of goods, merchandise, supplies, and equipment, which includes accessory uses such as retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.
Wholesale establishment.
A wholesale establishment is one that offers products to other businesses to resell rather than selling directly to retail customers.
Wind driven energy systems.
A small wind energy conversion system (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 as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
Yard, front.
A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street right-of-way line and the main building or any projections thereof, other than projections permitted by this chapter.
Yard, rear.
A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear of the main building (other than projections permitted by this chapter) and the rear lot line.
Yard, side.
A yard between the main building and the side lot line, extending from the front yard to the rear yard, and being the minimum horizontal distance between a side lot line and the main building or any projections thereof (other than projections permitted by this chapter).
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Zoning administrator.
The person appointed to administer and enforce this zoning ordinance by the city manager of the town.
(Ordinance 17-804 adopted 5/8/17; Ordinance 18-826, sec. 1, adopted 9/24/18; Ordinance 19-851 adopted 12/9/19)