This chapter shall be known and may be cited as the Town of Ponder Zoning Ordinance.

(Ord. 00-20 § 1, passed 9-6-2000)

Zoning regulations and districts are herein established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the town. They are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers, to ensure adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the town.

(Ord. 00-20 § 2, passed 9-6-2000)

(A)

Zoning district identified. The Town of Ponder, Texas, is hereby divided into the following zoning districts. The districts established herein shall be known as:

(B)

Description and purpose of zoning districts.

(1)

A - Agricultural District. This district provides for the continuance of farming, ranching and gardening activities on land being utilized for these purposes on tracts five acres or larger.

(2)

SF-E - Single-Family Residential District—Estate. The SF-E District provides for residential development on large lots with a minimum building site of one acre (43,560 square feet) and a minimum living area of 1,750 square feet. Density in the district will usually be greater than one unit per gross acre.

(3)

SF-1 - Single-Family Residential District-1. The SF-1 District provides for a minimum residential building site of 21,780 square feet and a minimum living area of 1,250 square feet. Density in this district will be no greater than two units per gross acre.

(4)

SF-2 - Single-Family Residential District-2. The SF-2 District provides for a minimum residential building site of 21,780 square feet and a minimum living area of 1,500 square feet. Density in this district will be no greater than two units per gross acre.

(5)

SF-3 - Single-Family Residential District-3. The SF-3 District provides for a minimum residential building site of 6,000 square feet and a minimum living area of 1,200 square feet. Density in this district will usually range from five to six units per gross acre.

(6)

TF - Two-Family Residential Duplex) District. The TF District provides for stable quality residential development, including duplex, garden (patio) home, and similar residential development with densities ranging from four to 12 units per gross acre.

(7)

MF - Multi-Family District. The MF District permits multi-family developments of maximum densities of 25 units per acre, except under special mitigating conditions.

(8)

MH - Manufactured Home District. The MH District permits the location of manufactured homes, as well as conventional single-family homes on residential lots of at least 10,890 square feet and minimum living areas of at least 1,450 square feet. Densities shall not exceed four units per acre. All manufactured homes must be affixed to a permanent foundation, and connected to all utilities. This district may also allow manufactured home parks by specific use permit.

(9)

C-1 - Commercial District—Office, Light Retail and Neighborhood Services. Retail, commercial and office uses developed under the standards of the C-1 District are designed to provide a compatible relationship between the C-1 development and adjacent residential areas.

(10)

C-2 - Commercial District—General. Uses which require considerable space for display, sales or open storage, or by the nature of the use are generally not compatible with residential uses are located in the C-2 Commercial District.

(11)

M-1 - Manufacturing/Industrial District—Light. The Light Manufacturing/Industrial District is established to accommodate uses of a non-nuisance type located in relative proximity to residential and C-1 business areas. Development in the M-1 District is limited primarily to certain wholesale, manufacturing and research uses of a type which will not create nuisances.

(12)

M-2 - Manufacturing/Industrial District—Heavy. The Heavy Manufacturing/Industrial District is established to accommodate industrial uses not appropriate for inclusion in the M-1 District and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses.

(13)

PD - Planned Development District. The Planned Development District is a district which accommodates planned associations of uses developed as integral land use units such as 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 in integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

(14)

HD - Historic District Suffix. The term historic landmark shall mean any building, structure, site, district, area or land of architectural, historical, archaeological or cultural importance or value which the town council determines shall be protected, enhanced and preserved In the interest of the culture, prosperity, education and general welfare of the people.

(15)

HO - Highway Overlay District. The Highway Overlay District is established to provide extra flexibility for commercial uses located within close proximity to major highways. Uses within this district shall be governed by the underlying district but shall have added flexibility as provided by the regulations of the overlay zone.

(Ord. 00-20 § 3, passed 9-6-2000; Am. Ord. 02-48, passed 12-9-2002; Ord. 03-24, passed 4-14-2003; Am. Ord. 19-12, passed 11-18-2019)

(A)

Zoning district boundaries delineated on zoning district map. The boundaries of the zoning districts set out herein are delineated upon the Zoning District Map of the Town of Ponder, Texas, the map being hereby adopted as part of this chapter as fully as if the same were set forth herein in detail.

(B)

Maintenance of official zoning district map.

(1)

The original, official copy of the zoning district map is hereby adopted bearing the signature of the mayor and attestation of the town secretary and shall be filed and maintained in the office of the town secretary and shall be maintained up-to-date by posting hereon all changes and subsequent amendments.

(2)

Reproductions of the official zoning district map may be made for information purposes.

(Ord. 00-20 § 4, passed 9-6-2000)

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(A)

Boundaries indicated as approximately following streets, highways or alleys shall be construed to follow the centerline of that street, highway or alley.

(B)

Boundaries indicated as approximately following platted lot lines shall be construed as following the lines.

(C)

Boundaries indicated as approximately following town limits shall be construed as following town limits.

(D)

Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(E)

Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (D) above shall be construed. Distances not specifically indicated on the original zoning map shall be determined from the graphic scale on the map.

(F)

Whenever a street, alley or other public way is vacated by official action of the town council, or whenever a street or alley area is franchised for building purposes, the zoning district line adjoining each side of the street, alley or other public way shall be automatically extended to the centerline of the vacated street, alley or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(Ord. 00-20 § 5, passed 9-6-2000)

(A)

Zoning concurrent with annexation. An area or areas being annexed to the town shall be zoned concurrently with the annexation.

(B)

Initial classification. In instances in which the zoning of an annexed territory concurrently with the annexation is not designated, the annexed territory shall be classified as A - Agricultural District until other zoning is established by the town council. The procedure for establishing zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.

(Ord. 00-20 § 6, passed 9-6-2000)

(A)

Compliance with zoning regulations required. All land, buildings, structures or appurtenances thereon located within the town which are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which the land or building is located as hereinafter provided.

(B)

Exclusions. Nothing herein contained shall require any change in the plans, construction or designated use of a building under construction at the time of the passage of this chapter and which entire building shall be completed within one year from the date of passage of this chapter.

(C)

One main building on a lot or tract. Only one main building for one-family or two-family use with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street or approved place other than an alley. Where a lot is used for retail and dwelling purposes, more than one main building may be located upon the lot but only when the buildings conform to all the open space, parking and density requirements applicable to the uses in that district. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and the buildings will not face upon a public street, the same may be permitted when the site plan for the development is approved by the town council. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use.

(D)

Procedure for creating building site/lot. No permit for the construction of a building or buildings upon any tract or lot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions:

(1)

The lot or tract is a part of a plat of record, properly approved by the mayor and filed in the plat records of the county in which the lot or tract is located.

(2)

The lot or tract faces upon a dedicated street and was separately owned prior to the effective date of this chapter or prior to annexation to the town, whichever is applicable, in which event a building permit for only one main building conforming to the requirements of this chapter may be issued on each original separately owned parcel.

(3)

The lot or tract is all or part of a site plan officially approved by the town council and compliance has been made with provisions and improvements approved on the site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Any and all lots or tracts must be provided access via a public street or drive.

(4)

If the lot or tract lies within a floodplain (special flood hazard area) as defined by the Federal Emergency Management Agency, then the lot or tract must be such that a floodplain permit may be issued for construction in accordance with the requirements of the town floodplain management ordinance and applicable FEMA regulations.

(E)

Replacement of a nonconforming single-family dwelling.

(1)

For the purposes of this chapter, a nonconforming single-family dwelling means a single-family dwelling that is situated on a lot that fails to meet the minimum lot size requirements of the applicable zoning district.

(2)

It is the intent of this chapter to allow nonconforming single-family dwellings to continue and be considered conforming uses, provided the standards and procedures outlined herein apply.

(3)

A nonconforming single-family dwelling and its accessory structures may be continued, replaced, repaired or remodeled if approved by the board of appeals. Such approval requires a finding that the replacement building footprint will be the same size or smaller than that of the building before such replacement.

(Ord. 00-20 § 7, passed 9-6-2000; Am. Ord. 19-12, passed 11-18-2019)

The following rules of construction shall apply to the interpretation of words used in this chapter:

(A)

Words used in the present tense include the future tense.

(B)

Words used in the singular number include the plural number.

(C)

Words in the plural number include the singular number.

(D)

The words building and structure are synonymous.

(E)

The words lot, plot and tract are synonymous.

(F)

The word shall is mandatory and not discretionary.

(Ord. 00-20 § 8.1, passed 9-6-2000)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abutting property. Property abutting upon a street shall also be understood as abutting property on the other side of the street.

Accessory building. A subordinate building or a portion of the main building located on the same lot as the main building, the use of which is secondary or supportive to that of the dominant use of the building or premises. Accessory buildings may include parking garages, adjacent farm structures, home workshops and tool houses, storage sheds, home greenhouses and the like. An accessory dwelling or garage apartment shall mean the same as accessory building except it may be used for residential purposes but not leased or rented.

Accessory use. A use customarily incident, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.

Adjacent. Shall mean next to or closest to but shall not necessarily mean touching.

Advertising sign or structure. Any cloth, card, paper, metal, glass, wooden, plastic, plaster or stone sign or other sign, device or structure of any character whatsoever, including a statuary or place for outdoor advertising purposes on the ground or any tree, wall, bush, rock, post, pole, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. Also see definition of Signs.

Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or describing of specified sexual activities or specified anatomical area.

Adult bookstore or adult video store. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia, which are designed for use in connection with specified sexual activities.

Adult cabaret. A nightclub, bar, restaurant or similar commercial establishment that regularly features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult motel. A hotel, motel or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

(2)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than ten hours.

Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or by specified anatomical areas.

Air conditioning and refrigeration contractor. A person who performs the design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling and heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, Tex. Occupations Code §§ 1302.001 et seq.

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

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.

Amusement arcade (also video arcade). Any building, room, place or establishment of any nature or kind and by whatever name called, where more than two amusement devices are operated for profit, whether the same be operated in conjunction with any other business or not, including, but not limited to, such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. Provided, however, the term amusement device as used herein, shall not include musical devices, billiard tables which are not coin-operated machines designed exclusively for children and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Amusement, commercial (indoor). An amusement or entertainment enterprise wholly enclosed and operated within a building. An establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health of customers, clients or members but not including hospitals, clinics, massage parlors or arcades. Uses would typically include bowling alleys, ice or roller skating rinks, racquetball and handball courts, indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, bingo parlors, martial arts, classrooms and/or practice areas, gymnasiums and indoor running or jogging tracks.

Amusement, commercial (outdoor). An outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including, but not limited to, batting cages, miniature golf, go-kart tracks, rodeo grounds, drive-in theaters, water slides and carnivals.

Animal lot (commercial). Any area for quartering any ungulated or hoofed (even-toed and odd-toed) animals, including, but not limited to, horses, cows, sheep, goats and the like for the purpose of sale or profit.

Animal lot (private). Any area for quartering any ungulated or hoofed (even-toed and odd-toed) animals, including, but not limited to, horses, cows, sheep, goats and the like for the enjoyment of the landowner.

Animal pound (private). A facility for the incarceration of small domestic animals for short periods of time.

Animal unit. The equivalent of one horse, one cow or steer, one mule, ten sheep, ten goats, 100 poultry, or 100 rabbits, or an equivalent combination thereof.

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 in excess of 50 feet in height from the base primarily used for commercial broadcasting. A satellite in excess of 12 feet in diameter shall be considered a commercial antenna. A microwave-transmitting tower is also a commercial antenna.

Antenna, non-commercial (amateur radio, television or CB radio). An antenna not exceeding 50 feet in height above the ground elevation at the base of the tower, pole, structure or support. A satellite dish antenna not exceeding 12 feet in diameter shall also be considered as a non-commercial radio antenna. This term shall also include television and other radio antennae.

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

Apartment. A room or suite of rooms in a multi-family dwelling or apartment house designed or occupied as a place of residence by a single-family, individual or group of individuals.

Apartment house. Any buildings or portion thereof, which is designed, built, rented, leased or let to be occupied as a home or place or residence by three or more families living in independent dwelling units.

Arcade. See definition of Amusement arcade.

Area of the lot or building site. The area shall be the net area of the lot or site and shall not include portions of streets and alleys.

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

Art supply store. An establishment offering for sale those materials used by conventional artists for the preparation of their art form.

Asphalt or concrete batch plant (permanent). A permanent installation of facilities and materials required to manufacture asphalt or concrete.

Asphalt or concrete batch plant (temporary). A temporary batch plant for the manufacture of asphalt or concrete for a specific length of time.

Auto glass, seat cover, muffler shop. An enclosed facility for the installation and repair of automotive glass, upholstery, mufflers and tailpipes.

Auto laundry/car wash. An automated or motor assisted system or automotive washing device including assisted and coin-operated equipment.

Auto leasing. Storage and leasing of automobiles, motorcycles and light load vehicles.

Auto painting or body shop. An automotive shop with primary purpose of repairing and painting the outside surfaces of automobiles, small trucks and vans.

Auto parking lot or garage. An area or structure designed for the parking of motor vehicles.

Auto parts, sales in building. The use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers or recreation vehicles.

Auto parts, sales in open. The use of any land area for the outside display and sale of new or used parts for automobiles, panel trucks, trailers or recreation vehicles, but not including wrecking yards and junk yards.

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

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 the following: passenger cars, trucks, buses, motor scooters and motorcycles.

Automobile and trailer sales, new. Buildings and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks and trailers, to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobiles and trailer parts or junk on the premises.

Automobile and trailer sales, used. Buildings and associated open area other than a street or required automobile parking space used for the display or sale of primarily used automobiles, light trucks and trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed and sold on the premises. A used car sale area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.

Automobile repair garage. An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.

Automobile repair, major. General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision services, including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust-proofing; those uses listed under automobile repair, minor and other similar uses.

Automobile repair, minor. Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts, automobile washing and polishing; performing state inspections and making minor repairs necessary to pass the inspections; normal servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under automobile repair, major or any other similar use.

Automobile service station. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automobile fuels, lubricants and automobile accessories, including those operations listed under minor automobile repair. Vehicles that are inoperative or are being repaired may not remain parked outside an automobile service station for a period greater than seven days.

Bakery and confectionary, commercial. A place for preparing, cooking or baking of products primarily intended for off-premises distribution.

Bakery and confectionary, retail sales. A place for preparing, cooking, baking and selling of products on the premises.

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

Bar. Any establishment which derives 75% or more of the establishment's gross revenue from the on-premises sale of alcoholic beverages.

Barber school or college. A place of training for practice of barbering, as defined in Texas Barber Act, Tex. Occupations Code § 1601.002, meeting standards established in § 9 of the Texas Barber Act.

Barber shop. A place where barbering, as defined in Texas Barber Act, Tex. Occupations Code §§ 1601.001 et seq., is practiced, offered or attempted to be practiced, except when the place is duly licensed as a barber school or college.

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

Beauty culture school, cosmetology specialty shop. A specialized place of training, as defined in the Cosmetology Regulatory Act, Tex. Occupations Code §§ 1603.001 et seq.

Beauty shop. A place where cosmetology, as defined in the Cosmetology Regulatory Act, Tex. Occupations Code §§ 1603.001 et seq., is practiced.

Bed and breakfast. A residence where one or more rooms are leased on an overnight basis for accommodations for profit. A bed and breakfast is an accessory use to a residence and the owner of the property must also be the operator of the bed and breakfast establishment.

Berm. A narrow shelf, ledge or strip of ground as along the edge of a paved road.

Block. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

Board of adjustment. The Zoning Board of Adjustment for the Town of Ponder.

Boarding house. A dwelling other than a hotel, where for compensation and by prearrangement for defined periods, meals or lodging and meals are provided.

Bottling works. A facility for the bottling of products for off-site retail sales.

Breezeway. A covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.

Brick kiln or tile plant. A manufacturing facility for making brick or tile products, with product and raw material storage.

Bufferyard. A unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

Building. Any structure intended for shelter, occupancy housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of the structure so separated shall be deemed a separate building.

Building area. The portion of a lot remaining after required yards have been provided.

Building, detached. A building surrounded by yard or open space on the same building lot.

Building ends. Those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building space regulations for multiple-family dwelling, the term building end shall mean the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.

Building, front of. The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building height. See definition of Height.

Building inspector. The building official or person charged with the enforcement of the zoning and building codes of the town.

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.

Building lot. A single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, and a number of building lots may be cumulated into one building lot, subject to the provisions of this chapter.

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

Building materials and hardware sales. Materials, tools and hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a home improvement center.

Building official. The inspector or administrative official charged with responsibility for issuing permits and enforcing this chapter and building code.

Building width. The width of the building site left to be built upon after the required side yards are provided.

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

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

Cabinet and furniture upholstering shop. An establishment used for the production, display and sale of cabinets, furniture and soft coverings for furniture.

Caliche pit and storage. An extraction and storage facility for natural caliche.

Caliper. Diameter of the trunk measured one foot above ground level.

Canopy. Any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of the structure.

Canopy trees. A perennial woody plant, single or multiple trunks, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as shade trees.

Car wash or vehicle wash. Structure used to wash motorcycles, automobiles and light load vehicles.

Caretaker's or guard's residence (nonresidential). A residence located on a premises with mainly nonresidential use and occupied only by a caretaker or guard employed on the premises.

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

Cellar. See definition of Basement.

Cement or hydrated lime plant. A manufacturing facility and process for making cement, hydrated lime and byproducts, including storage of product and raw materials.

Cemetery. Property used for the interring of the human dead.

Certificate of occupancy. An official certificate issued by the town through the building official, which indicates conformance with the zoning regulations and authorizes legal use of the premises for which it is issued; may be referred to as an occupancy permit.

Childcare center (or daycare center). A commercial institution or place designed for the care or training of four or more unrelated children.

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

Civic center. A building or complex of buildings that houses municipal offices and services and which may include cultural, recreational, athletic, convention and/or entertainment facilities owned and/or operated by a municipality.

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

Community center, private. A building or buildings dedicated to the social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit; not a commercial, for-profit business.

Community center, public. A building or complex of buildings that house cultural, recreational, athletic or entertainment facilities owned and/or operated by a governmental agency or private non-profit agency.

Comprehensive plan. Document adopted by the town that consists of graphic and textual policies which govern the future development of the town and which consists of various components governing specific geographic areas and functions and services of the town.

Concrete or asphalt batching plant (permanent). A permanent manufacturing facility for the production of concrete or asphalt.

Concrete or asphalt batching plant (temporary). A temporary manufacturing facility for the production of concrete or asphalt during the construction of a project, and to be removed when the project is completed.

Construction yard (temporary). A storage yard or assembly yard for building materials and equipment directly related to a specific construction project and subject to removal at completion of construction.

Construction yards, field offices and other temporary buildings. Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the town council. Upon due notice and hearing before the town council, any such permit may be revoked if the town council finds the use of the building or structure is contrary to the intent of this chapter or results in increased noise, traffic or other conditions considered to be a nuisance or hazard.

Contiguous. Shall mean touching or in contact.

Continuing care facility. A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides board and lodging, together with personal care services and nursing services, medical services, or other health-related services regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care. (See also definitions of Household care facility and Household care institution, and Personal care home.)

Contractor's shop and storage yard. A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products and vehicles.

Convenience store. A retail establishment providing for the sale of food items, nonprescription drugs, small household items and gifts. Gasoline and diesel fuel may be offered for sale, provided they are not the primary source of income for the store and that not more than six pumps are offered. Maximum size of the establishment will be no more than 2,500 square feet, not including storage areas and administrative offices.

Country club (private). A land area and buildings which may include a golf course, club house, dining room, swimming pool, tennis courts and similar recreational or services available only to members and their guests.

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

Coverage. The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

Custom personal service shop. Includes such uses as tailor, shoe repair, barber/beauty shop, and health studio or travel consultant.

Dance hall. An establishment open to the general public for dancing.

Density. The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.

Depth of lot. The mean horizontal distance between the front and rear lot lines.

Depth of rear yard. The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line except as modified in the text of any section in this chapter.

Detached. Having no physical connection above the top of the first floor with any other building or structure.

Director of planning and zoning. That person or group of persons or consultants or any employee thereof that has been appointed as town planner in accordance with town council directives.

Discount, variety or department store. A retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.

District. A section of the town for which the regulations governing the area, height or use of the land and building and buildings are uniform.

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

Dry cleaning plant. An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.

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

Duplex. A building designed for occupancy by two families living independently of each other within separate units that have a common wall and are under one roof.

Dwelling. Any building or portion thereof, which is designed or used as living quarters for one or more families.

Dwelling, single-family attached (townhouse). See definition of Townhouse.

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

Egress. A place or means of going out; exit.

Electrical substation. A subsidiary station in which electric current is transformed.

Electrical transmission line. A high voltage line used to transmit electrical current to or between electrical substation for long distances and customarily associated with towers.

Enclosed building. A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.

Engine and motor repair. The adjustment, reconditioning or restoration to working order of engines and motors.

Establishment. Means and includes any of the following:

(1)

The opening or commencement of any sexually-oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;

(3)

The addition of any sexually-oriented business to any other existing sexually-oriented business; or

(4)

The relocation of any sexually-oriented business.

Excavation or gravel pit. An area where minerals, gravel or other similar materials are excavated or quarried below the natural grade of the surface.

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

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

Family. An individual or group of two or more persons related by blood, marriage, adoption or guardianship including foster children, exchange students and servants together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual group, living together as a single housekeeping unit in a dwelling unit or a family home for the disabled as defined by the Community Homes for Disabled Persons Location Act, Tex. Human Resources Code §§ 123.001 et seq., as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities.

Family home. A place where not more than six physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the Texas Department of Mental Health and Mental Retardation.

Farm, ranch, livestock, garden or orchard. An area used for growing usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agricultural or husbandry specifically prohibited by ordinance or law.

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

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

Flea market.

(1)

A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances and similar merchandise, objects or equipment in small quantities, in broken stalls, lots or parcels, not in bulk, for the use or consumption by the immediate purchaser in a building, open air or partly enclosed booths or stalls not within a wholly enclosed building. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments and auction establishments.

(2)

This definition does not pertain to retail sidewalk sales or garage sales. Arts and crafts shows or sales held by nonprofit organizations are also not included under this definition.

Floodplain. An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FEMA Floodplain Map of the Town of Ponder.

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

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

Florist shop. An establishment for the display and retail sale of flowers, small plants and accessories.

Food store, grocery store. A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use.

Fraternal organization lodge, of civil club. An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus or a labor union.

Front yard. See Yard, front.

Funeral home or mortuary. 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 the burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Furniture, home furnishings and equipment stores. This group includes retail stores selling new goods used for furnishing the home, including but not limited to, furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.

Furniture store (new and used). Same as above except sales may include used items.

Garage, parking. Any building, or portion thereof, used for the storage of four or more automobiles in which any servicing provided is incidental to the primary storage use, and where repair facilities are not provided.

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

Garage/accessory dwelling. A residential dwelling built attached or over a garage but not attached to the main residential structure.

Garage sale. The sale of items normally accumulated by a household, subject to compliance with each of the following conditions:

(1)

No more than three garage sales shall be allowed for the same location in any 12-month period. The duration of the garage sale shall not exceed three consecutive days;

(2)

No items shall be purchased for a garage sale for the purpose of resale; and

(3)

No more than four unlighted signs not exceeding 12 square feet in area shall be permitted. The sign shall pertain to the garage sale only. The sign shall be permitted for the three-day period.

Garden (patio) home. A freestanding, detached structure used for residential purposes.

Garden center (retail sales). Location including land and building at which plants, trees, shrubs, horticultural supplies and similar items are displayed for sale to the general public. All the displays shall be located behind the front yard line established in the district in which the garden center is located.

Gas metering station. Facility at which natural gas flows are regulated and recorded.

Gasoline, service or filling station. See definition of Automobile service station.

General commercial plant. An establishment other than a personal service shop for the treatment and/or processing of products as a service on a for-profit basis, including, but not limited to, newspaper printing, laundry plant or cleaning and dyeing plants.

General manufacturing. Manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. These operations must meet the performance standards, bulk controls and other requirements in this chapter.

General merchandise stores. Retail stores which sell a number of lines of primarily new merchandise, including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores and other similar stores.

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

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

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

Gross floor area. The gross floor area of a building shall be measured by taking outside dimensions of the building at each floor level.

Ground cover. Low growing, dense spreading plants typically planted from containers.

Group family day home. A registered family home as defined in this chapter which also permits the facility to employ a maximum of one person who is not a resident of the home.

Guest house. Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Gymnastic or dance studio. A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.

Halfway house. A facility for the housing, rehabilitation and/or training of six or more persons who are on probation or parole or are pre-released inmates from correctional institutions or other persons found guilty of criminal offenses; or for the housing, rehabilitation, training, counseling or treatment of six of more persons for alcohol, chemical or drug abuse and/or dependencies. Halfway house shall not include a hospital licensed by the State of Texas or a state licensed physician's office that does not have facilities for patients to stay overnight.

Hatchery. A facility for the incubation, hatching, and short-term care of all types of domestic poultry, game birds, fowl, i.e., pheasants, quail, turkey and the like.

Heavy load vehicle. A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans and other similar vehicles. The term truck shall not be construed to mean heavy load vehicle unless specifically stated otherwise.

Heavy machinery sales and storage. A building or open area used for the display, sale, rental or storage of heavy machinery, either machines in general or a group of machines which function together as a unit.

Height. The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to:

(1)

The highest point of the roof's surface if a flat surface;

(2)

To the deck line of mansard roofs; or

(3)

To the mean height level between eaves and edge for hip and gable roofs, and in any event excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires and parapet walls not exceeding ten feet. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Heliport. An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop. The same as heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Home occupation. Any occupation or activity carried on principally by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main building; provided that no trading in merchandise or selling of goods or services is carried out on a regular basis and in connection with which there is no display of merchandise and no mechanical equipment is used, except such as customary for purely domestic or household purposes and does not create obnoxious noise or other conditions such as odor, increased traffic, smoke or electrical interference. A beauty or barber shop, tearoom or restaurant, rest home or clinic, childcare center, bed and breakfast facility, or cabinet, metal or auto repair shop are examples of uses that are not home occupations. An occupation, profession, domestic craft, or economic enterprise which is conducted in a residential dwelling as hereinafter defined, subject to compliance with each of the following conditions:

(1)

Residential dwelling shall mean a detached building designed, used and occupied exclusively by members of one family as a residence.

(2)

No person other than members of a family who reside in the residential dwelling shall be engaged in the occupation, profession, domestic craft or economic enterprises.

(3)

This use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for the occupation, profession, domestic craft or economic enterprise shall never exceed 25% of the total of the floor area of the residential dwelling.

(4)

Not more than one non-illuminated sign advertising the home occupation shall be allowed; the sign shall be not more than one square foot in area and shall be mounted on the building in which the home occupation is being conducted.

(5)

The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.

(6)

No exterior storage of material, equipment and/or supplies used in conjunction with the occupation, profession, domestic craft or enterprise shall be placed, permitted or allowed on the premises occupied by the residential dwelling.

(7)

No offensive noise, vibration, smoke, dust, odors, heat or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.

(8)

The occupation, profession, domestic craft or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.

(9)

No stock, goods, wares or merchandise shall be sold or kept for sale on the premises.

(10)

The only equipment to be used in such occupation, profession, domestic craft or enterprise shall be that which is ordinarily used in a private home in like amount and kind.

(11)

A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents.

Household appliance service and repair. The maintenance and rehabilitation of appliances customarily used in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners and hair dryers.

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

Industrial (manufacturing). Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.

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

Industrialized housing. A residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term shall not mean or apply to:

(1)

Housing constructed of sectional or panelized systems not utilizing modular components; or

(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.

Ingress. The act of or place of entering, entrance.

Junk or salvage yard. A lot upon which waste or scrap metal materials are bought, sold, exchanged, stored, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes an automobile wrecking yard and automobile parts yard. A junk yard does not include the uses conducted entirely within an enclosed building. (Also see definition of Metal dealer, secondhand.)

Kennel (indoor pens). An establishment with indoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for commercial purposes.

Kennels (outdoor pens). An establishment with outdoor pens in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained or sold for commercial purposes.

Kiosk. A small, freestanding, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 25 square feet.

Laboratory, medical and dental. A laboratory for the preparation of medical and dental appliance, radiological preparations, chemical analysis and similar activities to be used in the treatment of or research about humans.

Laboratory (scientific or research). Facilities for research including laboratories, experimental equipment and operations involving compounding or testing of materials or equipment.

Landscape screen. Plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms and nonliving durable material commonly used in landscaping, such as but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Laundromat (or self-serve washateria). An establishment including facilities for laundering and cleaning of clothing and similar items to be operated by the patron; not a commercial laundry or cleaning plant.

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

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

Light manufacturing. Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly and packaging of such products, and incidental storage, sales and distribution of these products, but excluding basic industrial processing.

Light manufacturing, medical. The manufacture of medical devices, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of the products.

Live exhibition. A live performance by one or more individuals conducted in front of at least one patron, including but not limited to, dancing, modeling, sword swallowing, juggling, acrobatic's act, wrestling and pantomime.

Living unit. The room or suite of rooms occupied by a family and must include cooking facilities to qualify as a living unit.

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

Lot. An undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved place, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with such yards and other open spaces as are required by this chapter, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

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

Lot (corner). A lot that has at least two adjacent sides abutting for the full lengths on a street, provided that the interior angle at the intersection of the two sides is less than 135 degrees. (See appendix A, Figure 1.)

Lot coverage. The percentage of the total area of a lot occupied by the base (first story of floor) of a building located on the lot or the area determined as the maximum cross-sectional area of the building.

Lot depth. The mean horizontal distance between the front and rear lot lines. (See appendix A, Figure 2.)

Lot (double frontage). A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. (See appendix A, Figure 1.)

Lot (flag). A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than 35 feet.

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

Lot (interior). A lot other than a corner lot. (See appendix A, Figure 1.)

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

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

Lot line (side). Any lot line not the front or rear lot line.

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

Lot of record. A lot which is part of a subdivision, a 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 is recorded in the office of the County Clerk of Denton County prior to the adoption of this chapter.

Lot width. The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line that is closest to the front lot line. (See appendix A, Figure 2.)

Main building. The building or buildings on a lot that are occupied by the primary use.

Manufactured home. A structure constructed after June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems and bears a seal issued in accordance with Tex. Occupations Code § 1201.005.

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

Manufactured home park. A parcel of land which has been designed, improved or intended to be used or rented for occupancy by one or more mobile homes or trailer houses in designated spaces.

Manufacturing processes. Uses restricted from other zoning districts but permitted in the M-1 and M-2 Districts under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent area.

Masonry construction. Exterior construction materials including brick, stone, granite, marble, concrete and other built up/tilt panels.

Master plan. See definition of Comprehensive plan.

Mausoleum. Property used for the interring of the dead and where bodies are interred above ground in staked vaults.

Medical facilities.

(1)

Convalescent (rest or nursing home). A health facility used for or customarily occupied by persons recovering from illness or suffering from infirmities of age, and furnished meals or continuing nursing care for compensation.

(2)

Dental, medical or chiropractic clinic. A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency conditions.

(3)

Dental office or doctor's office. See dental or medical clinic.

(4)

Hospital. An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities and staff offices which are an integral part of the facilities.

(5)

Massage establishment. 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 massage. 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 and 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.

(6)

Public health center. A facility primarily utilized by a health unit for providing public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

(7)

Sanitarium. An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

(8)

Surgical out-patient facility. An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.

Metal dealer (crafted precious). A place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects or any other thing or object made in whole or part from gold, silver, platinum, palladium, iridium, rhodium, osmium, rutherium or heir alloys, including coins and commemorative medallions, under terms and conditions found in Tex. Occupations Code §§ 1956.051 et seq.

Metal dealer (secondhand). A place of business in which a person purchases, gathers, collects, solicits or procures scrap metal is gathered together or kept for shipment, sale or transfer, under terms and conditions found in Tex. Occupations Code Ch. 2302. (See also definition of Junk or salvage yard.)

Mini-warehouse. Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

Miscellaneous retail stores. Establishments engaged in the retail sale of specialized items of merchandise not elsewhere classified, including but not limited to, drug, liquor, apparel and accessories, handcraft and pastries.

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

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

Modular building (or industrialized building). A commercial structure that is constructed in one of more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.

Modular home (or industrialized housing). Modular home means a structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Tex. Occupations Code § 1201.055); nor does it include building modules incorporating concrete or masonry as the primary structural component.

Motel, motor hotel or motor lodge. A building or group of buildings designed for and occupied as a temporary dwelling place, providing four or more room units for compensation, where customary hotel services such as linen, maid service, telephone and upkeep of furniture is provided, and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel or motor lodge may include restaurants, clubrooms, banquet halls, ballrooms, and meeting rooms as accessory units.

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

Motorcycle sales and service. The display, sale and servicing, including repair work, of motorcycles.

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

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

Municipally owned facilities and uses. Any area, land, building, structure and/or facility owned, used, leased or operated by the Town of Ponder.

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

New car dealer. Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles.

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

Nude model studio. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

Nudity or state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.

Nursery. An establishment, including a building, part of a building or open space, for the growth, display and/or sale of large plants, shrubs, trees and other materials used in indoor or outdoor planting.

Nursery school; kindergarten. A childcare facility offering a program four hours or less per day for children who have passed their second birthday but who are under seven years old.

Nursing home. A home or living quarters where elderly or handicapped persons are provided with lodging, meals and nursing care.

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

Off-street parking (incidental to main use). Off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use or within 200 feet of the lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Off-street parking space. An area for the temporary storage of an automobile which shall be permanently reserved for that purpose and which shall not be within or on any public street, alley or other right-of-way.

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

Office, professional or general administrative. A room or group of rooms used for the provision of executive management, or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, business offices of public utilities, organizations and associations but excluding medical offices.

Office, showroom/warehouse. An establishment with a minimum of 75% of its total floor area devoted to storage and warehousing not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices and display areas for products sold and distributed from the storage and warehousing areas.

Officially approved place of access. Access, other than a dedicated street, to a property that is approved by the Town of Ponder.

Open space. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. (See also definition of Usable open space.)

Open storage. The storage of any equipment, machinery, commodities, raw or semi-finished materials and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.

Operates or causes to be operated. To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually-oriented business whether or not that person is an owner, part owner or licensee of the business.

Outside display. Outside temporary display of finished goods specifically intended for retail sales but not displayed outside overnight.

Outside storage. See definition of Open storage.

Outside storage of building materials and hardware sales. Materials, tools and hardware customarily used in the construction of buildings and other structures, including facilities for storage outside a building and sale of ready-mix concrete.

Paint shop. A commercial establishment where painting services are performed.

Parcel. Any unplatted or portion of an unplatted tract of land.

Park, playground or recreation center (private). Privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owners' association or similar organization.

Park or playground or recreation center (public). A recreation facility, recreation center or park owned or operated by a public agency such as a town or school district and available to the general public.

Parking lot or parking garage (automobile). Area for parking light load vehicles.

Parking lot or parking garage (truck). Area for parking heavy load vehicles.

Parking space. An all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

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

Pawn shop. An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker). Retail sales also take place of primarily used items.

Person. An individual, proprietorship, partnership, corporation, association or other legal entity.

Personal care home (custodial care). An owner-occupied, home operated nonlicensed facility for the elderly providing custodial care to not more than three individuals not related to the provider of the care. Custodial care is that care which assists elderly persons who are incapable because of physical or mental limitations of performing routine daily activities and which do not require the continuing attention of trained medical or paramedical personnel. (See also definition of Continuing care facility.)

Personal service shop or custom personal services. Establishments less than 2,000 square feet in gross floor area, primarily engaged in providing services generally involving the care of the person or his or her apparel, including, but not limited to, barber and beauty shops, dressmaking, shoe shining, dry-cleaning and laundry pick-up stations, tailor or seamstress and reducing salons/health clubs (no outside storage).

Pet shop. A retail establishment offering small animals, fish or birds for sale as pets and where all such creatures are housed within the building.

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

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

Plat. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the Town of Ponder and subject to approval by the planning and zoning commission.

Platted lot. A lot within a subdivision recorded in the plat records of Denton County.

Plumbing, heating, refrigeration or air-conditioning business. An establishment primarily engaged in the sales, service or installation of equipment pertaining to plumbing, heating, refrigeration or air-conditioning.

Plumbing service. The operation of a business that involves only retail sales and off-premises service, installation and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This shall not be interpreted to allow a plumbing, heating, refrigeration or air-conditioning contractor or similar type wholesale operation.

Portable building. A building which is preassembled off-site and designed to be moved from site to site.

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

Post office, government or private. Local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

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

Primary use. The principal or predominant use of any lot or building.

Principal building. See definition of Main building.

Printing or copy shop. An establishment that reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet. A printing company shall be any printing business which operates in a space of 4,000 square feet or larger.

Private club. An establishment providing social and/or dining facilities which may serve alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of that portion of Tex. Alcoholic Beverage Code Title 3, Ch. 32, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

Private recreation facility or private park. A recreation facility operated for the exclusive use of private residents or neighborhood groups and their guests, and not the general public.

Produce stand. An establishment that is temporary or seasonal in character for which the primary purpose and design is to sell fruit, vegetables, similar unpackaged foods and/or other live plant material within a structure that is temporary in nature and which provides mainly shelter from the elements but does not contain plumbing for restroom or kitchen facilities. No long-term refrigerated storage facilities are provided and no cooking of produce occurs on the site.

Professional service. Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.

Public or municipal building or facility. Any building (except a building used primarily for general office purposes) which is owned, leased, primarily used and/or primarily occupied by the State of Texas, the United States, the Town of Ponder or any subdivision or agency of the State of Texas, the United States or the Town of Ponder or by any public or quasi-public utility.

Public or private franchise utility. A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the town. The utility usually requires special facilities in residential areas or on public property such as heating, cooling or communications.

Quick oil change facility. A business engaging in the changing of oil, oil filters, and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks.

Quick tune-up facility. A business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PVC valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes or mufflers.

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

Racquetball facilities. Courts housed in an acoustically-treated building and designed for one to four persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery and related uses up to a maximum of 40% of the total floor area.

Radio, television or microwave communications operators (amateur). The transmission, retransmission or reception of radio, electromagnetic or microwave signals for private or personal use and not for the purpose of operating a business and/or financial gain.

Radio, television or microwave communications operations (commercial). The transmission, retransmission or reception of radio, electromagnetic or microwave signals primarily for the purpose of operating a business and/or financial gain.

Radio, television and microwave towers. Structures supporting antennae for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.

Railroad or bus passenger station. Any premises for the transient parking of trains and the loading and unloading of passengers.

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

Rear yard. See Yard, rear.

Recreation center. A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities.

Recreation vehicle (rv). A portable or mobile living unit used for the temporary human occupancy away from the place or permanent residence of the occupants and self-propelled (motorized). (See also definition of Heavy load vehicle.)

Recreation vehicle park. An area or commercial campground for RVs and similar vehicles or trailers to reside, park, rent or lease on a temporary basis.

Registered family home (childcare in place of residence). A facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than four additional elementary school siblings of the other children given care. However, the total number of children, including the caretaker's own, provided at the facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. The facility shall conform to the Tex. Human Resources Code, Ch. 42 as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.

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

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

Residence. Same as dwelling; also, when used with district, an area of residential regulations.

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

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

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

Restaurant or cafeteria. An eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises, which may include a drive-through window.

Restaurant or cafeteria (without drive-in or drive-through service). An eating establishment where service is primarily to customers at tables and not providing facilities for the consumption of food in automobiles on or near the restaurant premises.

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

Restaurant (with drive-through service). An eating establishment which serves food only to persons in cars and which does not provide facilities for the consumption of food in automobiles on or near the restaurant premises.

Retail stores and shops. Establishments offering all types of consumer goods for sale. Not elsewhere classified, but excluding the display and sale outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials.

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

(1)

Cafeteria and/or dining room;

(2)

Library;

(3)

Game room;

(4)

Swimming pool and/or jacuzzi;

(5)

Exercise room;

(6)

Arts and crafts facilities;

(7)

Greenhouse;

(8)

Housekeeping service;

(9)

Transportation service;

(10)

Snack bar with a maximum of 350 square feet per 100 dwelling units;

(11)

Beauty/barber shop with a maximum of 450 square feet per 100 dwelling units; and

(12)

Convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of household items.

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

Rooming house. See definition of Boarding house.

Salvage or reclamation of products. The reclamation and storage of used products or materials. (See also definition of Wrecking yard.)

Sand, gravel, stone or petroleum extraction. The process of extracting sand, gravel, stone or petroleum from the earth.

Satellite dish antenna.

(1)

Satellite television reception dish shall mean a round, parabolic apparatus capable of receiving communications from a transmitter relay located in planetary orbit.

(2)

Usable satellite signals shall mean satellite signals from the major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

School, private, primary or secondary. A school under the sponsorship of a private agency or corporation other than a public or religious agency, having a curriculum generally equivalent to public elementary or secondary schools.

School, public or parochial. A school under the sponsorship of a public or religious agency providing elementary or secondary curriculum, but not including private trade or commercial schools.

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

Scientific and industrial research laboratories. Facilities for research including laboratories, experimental equipment and operations involving compounding or testing of materials or equipment.

Screened. Shielded, concealed and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

Seasonal uses. Seasonal uses include the sale of Christmas trees, produce stands and other temporary uses which occur at certain times of the year.

Second-hand store, furniture or clothing. An establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.

Self-storage, mini-warehouse. A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.

Servant's quarters or guest house. An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or a person or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, yard man, chauffeur, cook or gardener, but not involving the rental of the facilities or the use of separate utility connections.

Service (retail). An establishment engaged in the selling and/or servicing of goods where a minimum of 80% of the floor area is devoted to service, repair or fabrication of the goods. The service area must not be accessible to the general public. Automotive uses and retail stores are specifically excluded.

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

Setback. The minimum horizontal distance between the front walls of any projection of the building, excluding steps and unenclosed porch and the side street.

Sexual encounter center. A business or commercial enterprise that, as one of its primary purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

Sexually-oriented business. Means and includes any of the following:

(1)

Adult arcades;

(2)

Adult bookstore or adult video stores;

(3)

Adult cabarets;

(4)

Adult motels;

(5)

Adult motion picture theaters;

(6)

Adult theaters;

(7)

Nude model studios; and

(8)

Sexual encounter centers.

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

Shops, office, and/or storage area of public or private utility. The pole yard, maintenance yard and/or administrative offices of a municipality or franchised utility.

Side yard. See Yard, side.

Signs.

(1)

Billboard. A non-premises sign (also called off-premises sign).

(2)

Effective area. The area enclosed by drawing a rectangle of horizontal and vertical lines which fully contain all extremities of the sign drawn to scale, exclusive of its supports. The measurement is to be calculated from viewpoint, which gives the largest rectangle of that kind, including both sides as the viewpoint is rotated horizontally around the site. The effective area for attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular façade or side.

(3)

Flashing or moving sign. A permanent sign (other than banners or flags), which is animated, changes messages, revolves, swings or is otherwise designed to move by mechanical means or by the force of wind.

(4)

Luminance. The brightness of a sign or a portion thereof expressed in terms of foot-candles. For this purpose, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards.

(5)

Premises. A lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lot or tract, or combination, is under single ownership and is reflected in the plat records of the county.

(6)

Sign. Any device, flag, banner, light, figure, letter, word, message, symbol, plaque or poster visible from outside the premises on which is located and designed to inform or attract the attention of persons not on the premises, including searchlights.

(7)

Sign (abandoned). A sign which, for at least six continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product or activity; for which no legal owner can be found; or which pertains to a time, event or purpose which no longer applies.

(8)

Sign (attached). Any sign attached to, applied on, or supported by, any part of a building (such as a wall or roof), which encloses or covers usable space. (Also called wall sign.)

(9)

Sign (detached). Any sign connected to the ground which is not an attached sign, inclusive of signs on movable objects, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation. (Also termed pole signs or freestanding sign.)

(10)

Sign (device). Any flag, hot air balloon, banner, pennant, streamer, or similar device that moves freely in the wind. All wind devices are considered to be signs, and are regulated and classified as attached or detached, by the same rules as other signs. (Also termed wind device.)

(11)

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, or torn, twisted, leaning or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of structural support).

(12)

Sign (monument). A sign with a continuous masonry base approximately the same width as the actual signage and the signage is attached to the base.

(13)

Sign (movement control). A sign which directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located.

(14)

Sign (off-premises). Any sign advertising a business, activity, goods, products or services not usually located on the premises where the sign is located or which directs persons to any premises other than where the sign is located.

(15)

Sign (on-premises). Any sign, the content of which relates to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodation, services or activities of or on those premises, or the sale, lease or construction of those premises.

(16)

Sign (political). Any type of non-premises sign which refers only to the issues or candidates involved in a political election.

(17)

Sign (portable). A sign or display surface temporarily fixed to a standardized advertising or structure which can be regularly moved from its location at period intervals and is not permanently affixed to the real property. Includes signs on vehicles left in one location for extended periods of time.

(18)

Sign (projected). Any sign, which extends out or beyond the face of the building more than 18 inches.

(19)

Sign (protective). Any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including but not limited to "Bad Dog," "No Trespassing" and "No Solicitors."

(20)

Sign support. Any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, provided that the fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated.

(21)

Signs (temporary). A sign temporarily supplementing the permanent signs on the premises. Signs indicating a business opening, "For Lease" or "For Rent" are special purpose signs.

(22)

Sign (vehicular). Any sign on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or identification, company name or logo painted or permanently affixed to the vehicle or signs on vehicles transporting goods or providing services.

Single-family dwelling. A dwelling designed to be occupied by not more than one family on a separate platted lot.

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

Site plan. A detailed scaled line drawing of a parcel of land on which the developments of improvements are proposed. The drawing shall show all features required by regulations but usually includes proposed improvements to topographical, building, parking, landscaping, drainage features and signage.

Small engine repair shop. Shop for repair of lawnmowers, chain saws, lawn equipment and other machines with one-cylinder engines.

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

Special exception. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would be wholly compatible with conditions affecting the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. These uses may be permitted in such zoning districts as special exceptions if approved by the board of adjustment.

Specified anatomical areas. Human genitals in a state of sexual arousal.

Specified sexual activities. Means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

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

Stable (private). An area used solely for the owner's private purposes for the keeping of horses, mules or ponies and not kept for remuneration, hire or sale.

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

Storage or wholesale warehouse (heavy). A building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.

Storage or wholesale warehouse (light). A building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.

Story. That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as 12 feet. The definition of a story does not include parapets, gables and other normal roof structures.

Story (half). A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

Street (intersection). Any street, which joins another street at an angle, whether or not it crosses the other.

Street (local or residential). A street designed to serve properties abutting and in the immediate vicinity of the street, having a minimum right-of-way width of 50 feet in single-family residential districts and 75 feet in all other districts.

Street (major). A street designed to serve the entire community or substantial portions of the community, as well as traffic of nonlocal origin and destination, having a minimum right-of-way width of 100 feet.

Street (secondary or collector). A street designed to serve an area roughly one-fourth mile distant from each side of the street, having minimum right-of-way width of 75 feet.

Street yard. The area between the building front or building line and the front property (right-of-way) line.

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

Structure. Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground. (Also see definition of Building.)

Studios for photographer, musician and artist. A building or portion of a building used as a place of work by a photographer, musician or artist.

Studios for radio and television. A building or portion of a building used as a place for radio or television broadcasting.

Swimming pool (commercial). A swimming pool available to the general public for a fee.

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

Telephone line and exchange. A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication, but not including a business office, storage or repair yards.

Temporary. Used or lasting for only a limited period of time; not permanent.

Temporary building. Any nonresidential pre-manufactured structure, which is not originally manufactured or constructed at its use site, requiring on-site installation of utilities and/or foundation.

Tennis court (private). A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances, but excluding lighting for night play in residential areas except as may be otherwise provided or restricted by the specific use permit.

Theater (drive-in). An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater (indoor). A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Thoroughfare. See definition of Street.

Tire dealer (no open storage). A retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.

Tire dealer (with open storage). A retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.

Tire retreading and capping. The process by which tires are treated with a new tread.

Tool and machinery rental shop. A building or a portion of a building used for the display and rental of tools, machinery and instruments.

Tourist home (bed and breakfast inn or facility). A dwelling occupied as a permanent residence by an owner or renter, which serves breakfast, and in which sleeping accommodations in not more than five rooms are provided or offered for transient guests for compensation.

Town council. The governing body of the Town of Ponder, Texas. References to the "town" shall mean the Town of Ponder.

Town engineer. That person or group of persons or consultants or any employee thereof who has been appointed town engineer in accordance with town council directives.

Town planner. See definition of Director of planning and zoning.

Town secretary. That person appointed by the town council and includes any deputies appointed by the town council to fulfill a given duty or function in the absence of the town secretary.

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

Trailer court. See definition of Mobile home park.

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

Trailer home. See definition of Mobile home.

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

Trailer or mobile home space. A plot of ground within a mobile home park or trailer court designed for the accommodation of one mobile home.

Trailer rental. The display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.

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

Transfer of ownership or control. Of a sexually-oriented business, means and includes any of the following:

(1)

The sale, lease or sublease of the business;

(2)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(3)

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Transportation and utility structures/facilities. Permanent facilities and structures operated by companies engaged in providing transportation and utility services, including, but not limited to, railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit stations turnarounds, water reservoirs and water pumping stations.

Travel trailer park. Any tract of land under single ownership, ten acres or more, where accommodation is provided for travel trailer use.

Truck. A light or heavy load vehicle. (See also definitions of Light load vehicle and Heavy load vehicle.)

Truck and bus leasing. The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work is done.

Truck and bus repair. An establishment providing major and minor automobile repair services to heavy load vehicles.

Truck or motor freight terminal. A building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.

Truck parking lot. Area for parking heavy load vehicles.

Truck sales. Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles to be displayed and sold on-premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.

Truck stop. Any building, land, area or premises, or portion thereof used for the retail dispensing or sales of fuels, lubricants and accessories commonly utilized by heavy load vehicles, but not including those uses listed under automobile repair, major as applying to heavy load vehicles.

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

Two-family dwelling. See definition of Duplex.

Usable open space. An open area which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. Usable open space shall not include rooftops, accessory buildings, parking areas, driveways, turnaround areas, or right-of-way or easement for streets or alleys.

Use. The purpose for which land or buildings are or may be occupied in a zoning district.

Used car dealer. Retail sales or offering for sale of used automobiles or light load vehicles.

Utility distribution/transmission lines. Facilities which serve to distribute and transmit electrical power, gas and water, including, but not limited to, electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the town or private utility company.

Variance. An adjustment in the application of the specific regulations of this 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. Only the Board of Adjustment of the Town of Ponder can grant a variance.

Veterinarian clinic. An establishment where animals and pets are admitted for examination and medical treatment. (See also definition of Kennels.)

Washateria. See definition of Laundromat.

Wholesale. The sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

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

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used. (See appendix A, Figure 3.)

Yard (front). A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building. (See appendix A, Figure 3.)

Yard (rear). The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. (See appendix A, Figure 3.)

Yard (side). The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (See appendix A, Figure 3.)

Zero lot line dwelling. See definition of Patio home.

Zero lot line house. A residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.

Zoning district. A classification applied to any certain land area within the town stipulating the limitations and requirements of land usage and development.

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

Zoning ordinance. This chapter containing land use regulations for the Town of Ponder.

(Ord. 00-20 § 8.2, passed 9-6-2000; Am. Ord. passed 4-4-2002; Am. Ord. 02-45, passed 12-9-2002; Am. Ord. 03-50, passed 8-11-2003; Am. Ord. 04-17, passed 5-10-2004)