For the purpose of this article, certain terms and words are defined and shall have the meaning ascribed in this section unless it is apparent from the context that different meanings are intended:
Accessory building.A subordinate building, the use of which is incidental to that of the main building on the same lot.
Accessory building (nonresidential).In nonresidential zoning districts, a subordinate building to the main building that does not exceed 50% of the floor area of the main building, and that is used for purposes accessory and incidental to the main use.
Accessory building (residential).In a residential zoning district, a subordinate building that is attached or detached and is used for the purpose that is customarily incidental to the main structure but not involving the conduct of a business. The building area is less than that of the main structure as regulated herein. Examples may include, but are not limited to, the following: a private garage for automobile storage, carport, tool shed, greenhouse, home workshop, children’s playhouse, storage building, or garden shed.
Accessory dwelling.A secondary living space that is on-site with a primary living space and that may be contained within the space [same] structure as the primary living space, or may be contained in a separate structure. Occupants of secondary living spaces typically include a caretaker, servant, or farm worker employed by the owner/occupant, or a guest or family member of the owner/occupant.
Administrative official.The officer or other designated authority charged with the administration and enforcement of this article, or his duly authorized representative.
Alcoholic beverage.Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Alley.A public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.
Alternative financial establishment.A credit access business as defined in section 393.601 of the Texas Finance Code, as amended, and includes a payday advance or loan business, a car title loan business, or similar consumer loans.
Ancillary sale.A grocery store, supermarket, convenience store or similar market that uses no more than two percent of its gross floor area, or 200 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, tobacco or cannabidiol or hemp product. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, “ancillary sale” shall mean where no more than five square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, tobacco or cannabidiol or hemp product. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes, regardless of square footage used, is subject to the restrictions of this chapter and shall not constitute ancillary sale” under any circumstances.
Apartment.A room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.
Apartment hotel.An apartment house which furnishes services for the use of tenants which are ordinarily furnished by hotels.
Apartment house.Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or dwelling units or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.
Applicant.A person who submits or files an original or renewal application with the city, the county judge, or the Texas Alcoholic Beverage Commission for a license or permit.
Artisan’s workshop.An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven articles, and related items.
Automobile repair, major.Any area used for: general repair, rebuilding or reconditioning engines, motor vehicles, or trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
Automobile repair, minor.Any area used for minor repair or replacement of parts, tires, tubes, batteries and minor motor services such as grease, oil, spark plug and filter changing of passenger cars and trucks not exceeding one-half (1/2) ton capacity, but not including any operation named under “automobile repair, major” or any other similar use thereto.
Automobile service station.Any building and/or premises where gasoline, oil, grease, batteries, tires and accessories may be supplied and dispensed at retail, including the servicing of vehicles designed or calculated to be performed by the customer. In addition, the following services may be rendered and sales made and no other:
(1) Sale and service of spark plugs, batteries and distributors and distributor parts;
(2) Tire servicing and repair, but not recapping or regrooving;
(3) Replacement or adjustment of automobile accessories;
(4) Radiator cleaning and flushing; provision of water, antifreeze and other additives;
(5) Washing and polishing and sale of automotive washing and polishing materials;
(6) Greasing and lubrication;
(7) Providing and repairing fuel pumps, oil pumps and lines;
(8) Servicing and repair of carburetors;
(9) Adjusting and repairing brakes;
(10) Emergency wiring repairs;
(13) Provision of cold drinks, packaged foods, tobacco and similar convenience goods for customers, but only as accessory and incidental to the principal operation;
(14) Provision of road maps and other information material;
(15) Provision of restroom facilities;
(16) Parking lot as an accessory use; and
(17) Wrecker service.
Uses permissible at a service station do not include bodywork; straightening of frames or body parts; painting, welding, storage of automobiles not in operating condition nor the operation of a commercial garage as an accessory use. |
Bar/tavern.An establishment that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages.
Barn.A structure intended to provide shelter to livestock and for the storage of products, equipment and supplies related to the production of livestock and farming. A barn is not considered an accessory structure.
Basement.A building story, the floor line of which is below grade at any entrance or exit, but may have at least one-half (1/2) of its height above the average level of the adjoining grade level.
Beauty salon/barber shop.Establishments primarily engaged in providing services generally involved in the care of the person or their apparel including, but not limited to, barber and beauty shops, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.
Beer.A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer.
Block.Property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.
Boarding-lodging house.A dwelling wherein lodging or meals for three (3) or more persons, not members of the principal family therein, is provided for compensation, but not including a building in which ten (10) or more guest rooms are provided. Shall also mean bed and breakfast establishments.
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.
Brewpub.An establishment that engages in the following activities:
(1) Manufacture, brew, bottle, can, package and label malt liquor, ale and beer; and
(2) Sell or offer without charge, on the premises of the brewpub, to ultimate consumers for consumption or off those premises, malt liquor, ale or beer produced by the establishment, in or from a lawful container, to the extent the sales or offers are allowed under the establishment’s other permits or licenses; and
(3) Sell food on the premises of the holder’s breweries.
Building.Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.
Building height.The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
Building line.A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.
Cannabidiol (CBD).A consumable hemp product, as defined by Tex. Health and Safety Code sec. 443.001(1).
Carwash.A building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.
Cemetery.Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.
Certificate of occupancy.An official certificate issued by the building official which indicates conformance with or approved conditional waiver from the zoning regulations and authorized legal use of the premises for which it is issued.
Church.A religious building or a building for public worship.
Clinic.A public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service.
Club.A nonprofit association of persons who are bona fide members, paying regular dues and are organized for a common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
Club, private (class I).An establishment or enterprise wherein activities are carried on by or for a group or association of dues-paying members organized for some common purpose.
Club, private (class II).A “club” as defined above, except such establishments shall have been issued an alcoholic beverage permit by the Texas Alcoholic Beverage Commission.
Community center, public.Building and grounds owned and operated by the governmental body for the social, recreational, health and welfare of the community served.
Community home for disabled persons.A community based residential home licensed by the State of Texas containing not more than six (6) disabled persons regardless of legal relationship living together with no more than two (2) supervisory personnel, which meets the requirements of the Community Homes for the Disabled Persons Location Act, Texas Human Resources Code, chapter 123.001, et seq., as amended. A minimum separation of one-half mile (2,630 feet) between facilities is required.
Conditional use.Any building, structure, and use which complies with the applicable regulations and standards governing conditional uses of the zoning district in which such building, structure, and use is located and for which a permit is granted.
Convalescent (rest) home.A home designed for the care of patients after they leave the hospital but before they are released from observation and treatment.
Court.An open, unoccupied space on the same lot with a building and bounded on two (2) sides by such building, or the open space provided for access to a dwelling group.
Display sign.A structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including sign, billboard and advertising device of any kind, excluding garage sale.
District.A portion of the territory of the City of Pilot Point within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this article. The term “R District” shall mean any MH, SF1, SF2, MF1 and MF2 District; the term “I District” shall mean any I1 or I2 District; and the term “C District” shall mean any C1 or C2 District.
Dwelling group.A group or row of dwellings, each containing one or more dwelling units and all occupying one lot or site, as defined herein, and having a court in common; including a bungalow court or apartment court, but not including an automobile court or automobile camp.
Dwelling unit.A room or group of rooms including cooking accommodations, occupied by one family, and in which not more than two (2) persons, other than members of the family, are lodged or boarded for compensation at any one time.
Dwelling unit, single-family, attached.A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate walls and is designed for occupancy by one family and is on a separate lot delineated by front, rear and side lot lines.
E-cigarette.The term as defined Tex. Health & Safety Code sec. 161.081(1-a). The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
Essential services.The erection, construction, alteration, maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, streetlights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including building or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commission or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the word “building” does not include “structures” for essential services.
Family.An individual or two (2) or more persons, related by blood, marriage, or adoption, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boarding house, club, dormitory, fraternity or sorority house.
Farm.An area of two (2) acres or more which is used for the growing of usual farm products such as vegetables, fruit, trees and grain and storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms with necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.
Floodplain.The relatively flat low lands adjoining the channel of a river, stream or watercourse which has been or may be covered by floodwater. Any land covered by the water of a 100-year frequency storm is considered in the floodplain.
Front yard.An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps or eave overhang.
Frontage.All the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one street, the planning and zoning commission shall determine the frontage for purposes of this article.
Garage, private.An accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles, not more than two (2) of which are owned by others than the occupants of the main building.
Garage, public.A building or portion of a building, except that herein defined as a “private garage” or as a “repair garage,” used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use.
Garage, repair.A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.
Garden apartment.A multifamily dwelling unit with not more than two and one-half (2-1/2) stories. The building generally has private outdoor space, either on grade, or a private balcony.
Grade.When used as a reference point in measuring height of building, the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.
Greenbelt.A piece of land, normally relatively narrow in comparison to its length, reserved to provide for both passive and active recreation, to function as a corridor connecting park areas, to serve as a buffer between various land uses, or to provide for open space. It frequently utilizes floodplains along creeks and is often left in its natural state.
Gross floor area.The living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.
Height of building.The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges, gable, hip and gambrel roof.
Home occupation.Any occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof.
Hospital.May be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its inpatient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors’ offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial services, pharmacies and similar uses; provided, however, that any such accessory use is so use-wide related to the principal use as to be in fact an integral part of the total purpose and is incorporated within the same building or building complex; and provided further, that the floor area occupied by all accessory uses does not exceed one-third (1/3) of the total floor area. Whether or not a questionable use is “similar,” or an “integral” part of the total purpose shall be subject to determination by the board of adjustment. Hospital related x-ray and laboratory facilities shall not be considered accessory uses in computation of area occupancy.
Hotel.A building or portion thereof in which ten (10) or more guest rooms are provided for occupancy for compensation by transient guests.
Industrialized housing.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;
(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. Industrialized housing includes the structure’s plumbing, heating, air conditioning, and electrical systems; and
(4) Designed, constructed and certified under the Texas Industrialized Housing and Buildings program.
Industry.The storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
Junkyard or salvage yard.Any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.
Kennel.Any structure or premises on which more than three (3) dogs over six (6) months of age and seven (7) dogs under six (6) months of age are kept.
Land use plan.The long-range plan for the desirable use of land in the City of Pilot Point as officially adopted and as amended from time-to-time by the city council; the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings.
Licensee.A person who is the holder of a license provided in the Texas Alcoholic Beverage Code, as amended, or any agent, servant, or employee of that person.
Liquor.Any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero or barreteago, is prima facie evidence that it is liquor.
Liquor (package) store.A business that sells alcoholic beverages, including liquor as defined herein, for consumption off-premises. For the purposes of this chapter, the term “liquor store” shall exclude grocery stores or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also exclude a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this chapter.
Loading space.An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
Lot.The entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required therefor by this article and other applicable law.
Lot, corner.A lot abutting on two (2) intercepting or intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five degrees (135°).
Lot coverage.The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
Lot, depth.The average depth from the front line of the lot to the rear line of the lot.
Lot line, rear.The lot line farthest from and most parallel to the front lot line.
Lot, lines.The property lines bounding the “lot” as defined herein.
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 of Denton County, or a parcel of land, the deed for which was recorded in the office of the County Clerk, Denton County, prior to January 1, 1994.
Lot, through.A lot having its front and rear lines on different streets, or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.
Lot width.The width measured at a distance back from the front line equal to the minimum depth required for a front yard.
Main building.A building in which is conducted the principal use of the lot on which it situated.
Manufactured home, HUD Code.A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems. References in this article to “mobile home(s)” shall be taken as references to HUD Code manufactured home(s).
Masonry.That form of construction composed of brick, stone, concrete, gypsum, hollow clay tile, glass block, stucco or similar building units or materials or combination of these materials laid up unit by unit and set in mortar (masonry does not include exterior insulated finish systems [EIFS]).
Minor.A person under 21 years of age.
Mixed beverage.One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer’s permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Mobile home lot.That part of a parcel of land (mobile home site) in a mobile home park which has been reserved for the placement of one HUD Code manufactured home (mobile home).
Mobile home park or subdivision.A parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental or sale of lots to persons with HUD Code manufactured homes (mobile home(s)).
Modular home.A dwelling that is constructed in one or more modules at a location other than the homesite, or is constructed utilizing one or more modular components, and which is designed to be used as a permanent residence when the modular components or modules are transported to the homesite and are joined together, or are erected and installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems. It is expressly provided, however, that the term modular home shall not mean nor apply to:
(1) Housing constructed of sectional or panelized systems not utilizing modular components;
(2) Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location; or
(3) Any dwelling constructed in modules incorporating concrete as the basic and predominant structural component.
Motel.A building or a group of two (2) or more buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, and used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor lodges, motor courts, motels, and similarly designated groups.
Neighborhood convenience center.Centers which carry convenience goods, such as groceries, drugs, hardware, and some variety items, and also includes some service stores. The neighborhood convenience center may contain one (1) or two (2) small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called “spot necessity” items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.
Nonconformity use.Use of a building or land which existed previously that does not conform to the present regulations as to use for the district in which it is situated.
Nursing home.A home where ill or elderly people are provided with lodging and meals with or without nursing care.
Off-premises.Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for off-premises consumption.
On-premises.Refers to the site of consumption rather than the site of sale and refers to the sale of alcoholic beverages for on-premises consumption.
Open space.That part of any lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or fifty percent (50%) of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained and utilized in the same manner and to the same degree as all other open space areas as designated on the site plan as filed with the building permit application.
Parking area, public.A predominantly surfaced open area, other than street, or other public way, used for parking of automobiles and available to the public for a fee, free, or as an accommodation for clients or customers.
Parking space.A permanently surfaced area not less than one hundred eighty (180) square feet (measured approximately 9 feet by 20 feet) either within a structure or in the open, not on public right-of-way, exclusive of driveways or access drives, for the parking of one vehicle.
Permittee.A person who is the holder of a permit provided for in the Texas Alcoholic Beverage Code, as amended, or an agent, servant, or employee of that person.
Person.A natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.
Planned development.Land under unified control, planned and developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or building sites, but also site plans, floor plans, and elevations of all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense.
Planned development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the district and areas without the district.
Premises.The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
Private garage.An accessory building housing vehicles owned and used by the occupant of the main building; if occupied by vehicles of others; it is a storage space.
Private school.A school maintained by private individuals, religious organizations or corporations, not at public expense, and open only to pupils selected and admitted by the proprietors or governors, or to pupils of a certain religion or possessing certain qualifications, and generally supported, in part at least, by tuition, fees, or charges.
Public school.A school established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or cities, maintained at the public expense by taxation, and open, usually without charge, to the children of all the residents of the city or other district. Schools belonging to the public and established and conducted under public authority.
Rear yard.The required rear yard is an open space unoccupied and unobstructed except for accessory uses extending across the rear of a lot from one side lot line to the other side lot line, the depth of which is dependent upon the zoning district in which the lot is located.
Recreational vehicle.A vehicular, portable structure designed to be transported over the highways and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight feet (8') in width and not exceeding thirty-nine feet (39') in length.
Restaurant or cafe.An establishment building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered. Said establishment may serve alcohol with a valid Texas Alcoholic Beverage Commission license as long as the establishment derives less than 75 percent of its gross revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby.
Rooming house.A dwelling occupied by a resident family or resident occupant and three (3) or more rent-paying persons.
School, business or trade.A business organized to operate for a profit and offering instruction and training in service or art such as a secretarial school, barber college, beauty school or commercial art school.
School, elementary and high.An institution of learning which offers instruction in several branches of learning and study required to be taught in public school. High schools include junior and senior grades.
Screening element (device).Or suitably screened as herein referred, shall mean any of the following:
(1) Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or
(2) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition.
(3) Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.
Seasonal snow cone stands.A structure less than seventy-five (75) square feet, used exclusively for the retail sales of snow cones only, that is housed in a self-contained structure which does not require water and sewer taps or meters, and which will be placed at the location between the months of April and October.
Shopping center.An area consisting of one acre or more arranged according to a site plan to be submitted to and to be approved by the planning and zoning commission and the city council on which is indicated the amount of land to be devoted to the shopping center, the detailed arrangement of various buildings, parking area, streets and type of zoning desired. The installation of all utilities, drainage structure, paving of streets, parking area, alley and installation of sidewalks shall be in accordance with the City of Pilot Point specifications for each type of improvement.
Small engine.An electric or gasoline engine that is two (2) or four (4) cycle and has not more than a twenty (20) horsepower rating.
Smoke/tobacco/CBD store.Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco paraphernalia; and cannabidiol or hemp-derived products provided, however, that any grocery store, supermarket, convenience store or similar retail use that sells conventional cigars, cigarettes, tobacco, or cannabidiol or hemp-derived products as an ancillary sale shall not be defined as a “smoke/tobacco/CBD store” and shall not be subject to the restrictions in this chapter nor would a pharmacy selling FDA approved cannabis and cannabis-derived products. A retail use that sells CBD derived products, but not tobacco, tobacco products, tobacco paraphernalia, is not a “smoke/tobacco/CBD store.”
Story.That portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven feet (7').
Story, half.The topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor of such story.
Street.A public or private thoroughfare which affords the principal means of access to abutting property.
Structural alteration.Any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, joists, roof joists, rafters, or trusses.
Subordinate use of building.An accessory building or structure is a subordinate building or structure, the use of which is secondary to and supportive of the main building or primary use. Accessory buildings or structures shall not be permitted without a main building or primary use in existence.
Swimming pool.A structure intended for swimming or recreational bathing that contains water over twenty-four inches (24") (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools; hot tubs; portable and nonportable spas; and fixed-in-place wading pools.
Swimming pools–portable.A structure intended for swimming or recreational bathing that contains water over twenty-four inches (24") (610 mm) deep and is a temporary structure not permanently attached to water or electrical services. A portable swimming pool is disassembled and stored when not in use.
Tobacco.Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
Tobacco paraphernalia.Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Tex. Health and Safety Code. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.
Tobacco product.Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
Thoroughfare.An officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the official thoroughfare plan of the City of Pilot Point.
Thoroughfare plan.The official thoroughfare plan of the City of Pilot Point adopted by the city council establishing the location and official right-of-way width of principal highways and streets in the city, together with all amendments thereto subsequently adopted.
Tourist home.A building or part thereof, other than hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in home for compensation, mainly for transients.
Trailer, including automobile trailer and trailer coach.Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling, or advertising device, or use for storage or conveyance of tools, equipment, and machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
Trailer park.Any lot or part thereof or any parcel of land which is used or offered as a location for one or more trailers.
Use.The purpose for which land or a building or structure thereon is designed, arranged, intended or maintained or for which it is or may be used or occupied.
Use, accessory.A subordinate use on the same lot with the principal use and incidental and accessory thereto.
Used car lot.A lot or tract of land used for the sale or display for sale of two (2) or more previously owned motor vehicles, including, but not limited to, passenger automobiles, motorcycles, trucks, dune buggies and other types of motor vehicles designed for use upon the public roads or for pleasure off public roads, but not including farm implements, mobile homes, campers and recreational vehicles, or construction equipment such as cranes, bulldozers and related equipment and trucks over one ton capacity.
Vehicle service center.A center for the repair and maintenance of, or diagnosis upon, motor vehicles, including tire installation, but not including the sale of gasoline, bodywork, or spray painting.
Wine and vinous liquor.The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.
Yard.An open space, other than a court, on the same lot with a building.
Yard, front.A yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.
Yard, rear.A yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.
Yard, side.A yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.
Zoning map.The official zoning map of the City of Pilot Point, together with all amendments subsequently adopted.