In all cases throughout this Ordinance certain words, phrases and terms shall be construed as set out in this Chapter. Where a word, phrase or term is not defined here, the ordinary dictionary meaning of the word shall be used.

A.

Words used in the present tense include the past and/or future tense.

B.

Words in the singular include the plural, and words in the plural include the singular.

C.

Words used in the masculine include the feminine and words in the feminine include the masculine.

D.

The word "shall" or the word "must" is mandatory and is not discretionary.

(Ord. No. 1001, § 1, 12-21-99)

For the purpose of this Ordinance, certain terms and words are hereby defined as follows.

1.

Accessory Buildings. A subordinate building, including canopies, or a portion of the main building, the use of which is incidental to that of the main building and located on the same lot occupied by the main use or building.

1.1.

Accessory Dwelling Unit. A self-contained living quarter, including an independent kitchen facility, that is attached or detached to a single-family home located on the same lot. Such housing may be offered for rent.

2.

Accessory Use. A use which is clearly incidental or secondary to the principal use of a property.

3.

Aisle. An open, unoccupied space, other than a street right-of-way, reserved as the principal means of access and maneuvering for a parking space.

4.

Alley. A public way which affords a secondary means of access to property abutting thereon.

5.

Amusement Redemption Machine Establishment. An establishment in which the main use or purpose is the operation of amusement redemption machines.

6.

Amusement Redemption Machine. An amusement redemption machine is a skill or pleasure coin- operated machine that is designed, made and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, novelties, or a representation of value redeemable for those items. Included in the foregoing, an amusement redemption machine is any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise, prizes, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten (10) times the amount charged to play the game or device once or $5.00, whichever is less.

Excluded Machines:

a.

An amusement redemption machine does not include:

i.

A machine that awards the user non-cash merchandise prizes, toys, or novelties solely and directly from the machine, including claw, crane, or similar machines; nor

ii.

A machine from which the opportunity to receive non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, varies depending upon the user's ability to throw, roll, flip, toss, hit, or drop a ball, token, coin or other physical object into the machine or a part thereof, including basketball, skeet ball, golf, bowling, pusher, or similar machines,

iii.

Any device, or any activity prohibited or described in Chapter 47, Penal Code.

7.

Apartment. A multifamily dwelling unit that is part of, or within, an apartment house.

8.

Apartment Dwelling Group. Two or more apartment buildings designed as an integral unit and occupying a lot or parcel of land in one ownership and connected by common water and sanitary system.

9.

Assisted Living Facility. A facility providing responsible adult supervision of or assistance with routine living functions of an individual in instances where the individual's condition necessitates that supervision or assistance.

9.1

Bar. An establishment at which the primary business is the sale of alcoholic beverages for on-premises consumption.

10.

Bar, Saloon or Lounge. An establishment whose business is to prepare and serve alcoholic beverages.

11.

Bed and Breakfast. A private, owner-occupied residence that provides overnight accommodations and may provide meals, usually breakfasts, for a fee to guests. Owner-occupied is defined as the owner having a homestead exemption at the specified address.

12.

Billboards. An outdoor advertising display sign when such sign is located off of the premises advertised and is supported by uprights or braces in or upon the ground.

13.

Block. A piece or parcel of land entirely surrounded by public highways, streets, railway rights-of-way, parks, or a combination thereof.

13.1

Brewery. A place where malt beverages are manufactured or brewed.

13.2

Brewpubs or microbreweries. A restaurant-brewery that sells more than twenty-five (25) percent of its beer on site for on premise consumption. The beer is brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly from the brewery's storage tanks. Where allowed by law, brewpubs often sell beer "to go" and/or distribute to offsite accounts.

14.

Building, Height of. The vertical distance as measured from the average grade elevation of the ground around the structure to the highest point of the coping of a flat roof or to the mean height level between eaves and ridge for pitched roofs.

15.

Building Line. A line parallel or approximately parallel to the street line and beyond which buildings may not be erected.

15.1

Cabaret, lounge, saloon, or nightclub. Any room, space, structure, building, or resort open to the public, enclosed or unenclosed, where food or beer or wine, or other alcoholic beverage is served on the premises, and where patrons are provided with a space for dancing, or are permitted to dance. The term "cabaret", "lounge", "saloon", or "nightclub" does not include restaurants and cafes, unless more than seventy-five (75) percent of the total revenues of such restaurant or cafe are derived from the sale of alcoholic beverages.

15.2

Caretaker Quarters. An accessory dwelling, which may be attached or detached, that provides housing for a relative of the main residence or employee of the property, as outlined in Sec. 512. Such housing is provided free of charge to the occupant.

16.

Chairman. The acting chairperson of the Portland Planning and Zoning Commission.

17.

City. The City of Portland, Texas, as provided by the Home Rule Charter of the City, as amended, and further provided by State Laws.

18.

City Council. The governing body of the City of Portland, Texas, as provided by the City Charter.

19.

City Engineer. The engineer for the City of Portland, Texas, as appointed by the City Council.

20.

City Manager. The executive officer for the City of Portland, Texas, as appointed by the City Council.

21.

City Staff. Employees of the City of Portland, Texas; including, but not limited to, the City Manager and Director of Public Works and Development.

22.

Coin-Operated Machine. A coin-operated machine includes a machine or device operated by the payment or insertion of paper currency or any other consideration.

23.

Commission. The Planning and Zoning Commission of the City of Portland, Texas, as appointed by the City Council.

24.

Comprehensive Plan. The planning document or documents adopted by the City which contain statements of official municipal policy pertaining to the subjects of land use, community facilities, transportation, housing and other related topics.

25.

Community Home. A community-based residential home containing not more than 6 disabled persons and 2 supervisors that reside in the home and which otherwise meets the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code.

26.

Contractor's Professional Office. A professional office which also is used as warehouse storage, overnight storage of vehicles or equipment or where employees meet each day to be given work assignments to be done at other locations.

27.

County. San Patricio County, Texas.

28.

Country Club. A private or semi-private establishment with recreational facilities for its members and invited guests including, but not limited to, a swimming pool, an eighteen (18) hole regulation-size golf course, one (1) or more tennis courts, as well as accessory uses and structures such as a club house, locker rooms and a pro shop. This use may also include professional services (e.g., offices) not exceeding five thousand (5,000) square feet per business held under the same ownership as the main facility. Such professional services may be related or unrelated to the operation of the Country Club.

29.

Cul-de-Sac. A street having one end open to traffic and the other end permanently terminated by a vehicular turn-around.

30.

Dance Hall. An establishment in which dancing is permitted and which has a dance area of greater than ten percent of the total area of the building.

31.

Dead-End Street. A street having one end open to traffic and the other end closed.

31.1

Distillery. A facility that produces liquor or other spirits per year with seventy-five (75) percent or more of its liquor sold off-site. Micro-distilleries sell to the public by one (1) or more of the following methods: the traditional three-tier system (distiller to wholesaler to retailer to consumer); the two-tier system (distiller to retailer to consumer); and, directly to the consumer through on-site and/or carry out sales.

32.

Drinking Water. All water distributed by any agency or individual, public or private, for the purpose of human consumption, use in the preparation of foods or beverages, cleaning any utensil or article used in the course of preparation or consumption of food or beverages for human beings, human bathing, or clothes washing.

33.

Dwelling. Any building or portion thereof designed and used exclusively for residential purposes.

34.

Dwelling, Multifamily. A building designed or occupied exclusively by five (5) or more families, living independently of each other, for residential purposes.

35.

Dwelling, Single-Family. A building designed for and occupied exclusively by one (1) family as a residence. Such definition does not include multiple families or non-household members living within the dwelling or within other structures on the property.

35.1.

Dwelling, Triplex or Quadplex. A building designed for three (3) or four (4) individual units, occupied exclusively by the same number of families or households, living independently of each other, for residential purposes.

36.

Dwelling, Two-Family. A building designed for or occupied by two families, living independently of each other, for residential purposes.

37.

Easement. A right given by the owner of a parcel of land to another person, entity, public agency or corporation for specific and limited use of that parcel.

38.

Easement Owner. A person, entity, public agency or corporation with rights for specific and limited use of a parcel designated as an easement.

39.

Engineer. A person licensed and authorized to practice engineering in the State of Texas under The Texas Engineering Practice Act.

40.

Extraterritorial Jurisdiction (ETJ). An area of limited authority surrounding the City of Portland, as allowed by State Law, which extends in all directions from the municipal boundaries of the City.

41.

Family. Any individual or two or more persons related by blood, adoption or marriage or not more than five (5) unrelated persons living and cooking as a single housekeeping unit. This definition expressly excludes lodging or boarding houses.

42.

Farm. An area used for the growing of the usual farm products and their storage on the areas, as well as the raising thereon of the usual farm animals and poultry.

42.1.

Fence. Any structure which exceeds twelve (12) inches in height above the nearest grade and which encloses, partitions or divides any yard. Planter boxes no taller than thirty six (36) inches are excluded. A picket fence is thirty six (36) inches tall with a horizontal top rail and bottom rail attached to fence posts, which are installed upright into the ground, and with evenly spaced boards (two (2) inch minimum spacing) affixed vertically to the rails. The term "fence" also includes similar panel structures intended to block wind or ensure privacy. The term "fence" does not include wing walls, projections, or front patio enclosures that are structurally and architecturally integrated with a building.

42.5

Food Manufacturing/Processing. Includes but is not limited to mixing, blending, cooking, baking, smoking, boiling, frying, canning and bottling of food products for immediate or final consumption, such as spices, salsa, proteins, and other food products, and may include other separate operations such as a smokehouse for seafood and proteins.

42.7

Food Truck Park. A designated area where multiple legally permitted mobile food vendors operate within a shared space, which may also include on-site dining and community gathering amenities such as seating, restrooms, and entertainment.

43.

Frontage. All the property abutting upon one side of a street between two intersecting streets measured along the street line, or if the street is dead ended, then all of the property abutting on one side between all intersecting street and the dead end of the street.

44.

Garage, Private. A building used for the housing of motor vehicles which are the property of and for the private use of the occupants of the lot on which it is located. Not more than one of the vehicles may be a commercial vehicle of not more than three tons capacity.

45.

Garage, Public. A garage other than a private garage where motor vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

46.

Group Home. A family-based facility which provides twenty-four (24) hour care in a protected living arrangement for the mentally and/or physically impaired, developmentally disabled, or victims of abuse or neglect. This classification may include congregate living facilities for the elderly, maternity homes, emergency shelters during crisis intervention for victims of crime, abuse or neglect, and residential services licensed by the Texas Commission on Alcohol and Drug Abuse, but not primarily for criminal rehabilitation.

47.

Home Occupation. See Section 504.

48.

Homeowners Association. A formal organization operating under recorded instruments through which each lot and/or homeowner in a specific residential area is automatically a member, or each lot or property interest is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as the maintenance of common property.

49.

Hotel. A building in which lodging or Boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a lodging house or Boardinghouse.

49.1.

HUD-Code Manufactured Home. A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, that, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is four-hundred and eighty (480) or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).

50.

Industrial, Heavy. Any industrial use which does not meet the definition of Light Industrial.

51.

Industrial, Light. Industrial and manufacturing plants including the processing or treatment of materials in such manner that only a nominal amount of dust, odor, gas, smoke, or noise is emitted and not more than 10 percent of the lot or tract is used for open storage of products, materials or equipment.

52.

Lodging (or Boarding) House. A building other than a hotel occupied as a single housekeeping unit where lodging and meals for three or more persons are provided for compensation, pursuant to previous arrangements for definite periods, but not to the public or transients.

53.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one main building or buildings together with accessory buildings, open spaces, and parking spaces required by this Ordinance, and having its principal frontage upon a street, or upon an officially approved place.

54.

Lot, Corner. A lot abutting upon two intersecting streets at their intersection.

55.

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

56.

Lot, Double Frontage. A corner lot that has its side yard abutting the front yard of the adjoining lot.

56.2.

Lot, Flag. A lot located behind another lot connected to the street by an area narrower than the full lot width.

57.

Lot, Reverse Frontage. A lot which abuts a public street at both the front and rear lot line.

58.

Lot, Width. The mean horizontal distance between side lot lines parallel to the street right-of-way and measured at the building line.

59.

Manufactured Housing Subdivision. Any development, site, parcel or tract of land designed, platted and maintained for the purpose of providing permanent or long term residential occupancy of two or more manufactured homes. Such platted lots are intended for the sole ownership and use of such property by persons owning manufactured homes.

60.

Manufacturing, Heavy. A manufacturing use which may conduct operations outdoors and/or may have the potential to produce noise, dust, glare, odors, or vibrations beyond its property line. The Administrative Official shall confer with the Building Official, the Fire Marshal, and other competent personnel in order to determine whether a business is light manufacturing or heavy manufacturing.

61.

Manufacturing, Light. A manufacturing us which conducts all manufacturing indoors and which presents no imminent hazard to the public. The Administrative Official shall confer with the Building Official, the Fire Marshal, and other competent personnel in order to determine whether a business is light manufacturing or heavy manufacturing.

61.1

Manufacturing, Artisan. A manufacturing use which conducts all manufacturing indoors, presents no imminent hazard to the public, and is fully enclosed within a building no larger than 10,000 square feet.

62.

Marina. A boat basin or pier with facilities for berthing and securing all types of recreational craft, as well as providing adequate supplies, service and fueling facilities.

63.

Manufactured Home Park. Any plot of ground upon which facilities are provided for locating two (2) or more HUD-Code Manufactured Homes to be occupied for dwelling or sleeping purposes, regardless of whether or not a charge is made for such accommodation.

64.

Mobile Home. A detached single-family dwelling unit built prior to June 15, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, and designed to be transported after fabrication on its own wheels, or on a flatbed or other trailer or detachable wheels for long term occupancy, with plumbing and electrical connections provided for permanent attachment to outside systems.

65.

Motel. A building or group of buildings used for the temporary residence of motorists or travelers.

66.

Neighborhood Area. A geographic area of the community that is predominately residential in nature and is bounded by thoroughfares or collector streets, or by some other natural or manmade features such as railroads, industrial areas or topographic features. The area encompassed by a neighborhood may vary from about 300 acres to about 900 acres.

67.

Nonconforming Use. Any use building or yard existing legally at the time of passage of this Ordinance which does not conform with the regulations of the district within which it is located.

68.

Non-Public Water System. Any water system supplying water for domestic purposes which is not a public water system.

69.

Nursing or Convalescent Home. An institution providing meals and resident care and services for persons who are generally admitted for periods of time exceeding thirty (30) days. Such service includes custodial or attendant care, and may or may not provide for routine and regular medical and nursing services. Nursing and care homes include homes for the aged and rest homes.

70.

Office Showroom. An establishment with no more than twenty-five (25) percent of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining floor area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

71.

Office Warehouse. An establishment with more than twenty-five (25) percent of the total floor area devoted to storage and warehousing, but not generally accessible to the public.

72.

OSSF. On-site sewage facilities as that term is defined in rules and/or regulations adopted by TCEQ, including, but not limited to, 30 TAC Chapter 285, or as amended.

72.1.

Parking Lot, Commercial. A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which any fee is charged independently of any other use of the premises.

73.

Parking Space. An all-weather surface for temporary parking of a vehicle, which includes concrete, asphalt, brick pavers, or stone; gravel is not considered an all-weather surface.

74.

Plat. A map or drawing detailing the specifics of the division of land for the development of a subdivision.

75.

Plat, Preliminary. A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed development.

76.

Plat, Final. A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lots and blocks, streets, alleys, public areas and other necessary or required information.

77.

Platted. Recorded with the county in an official plat record.

78.

Potable Water. See drinking water.

79.

Private Club. An establishment open only to members and their guests. It is allowed to prepare and serve alcoholic beverages, as licensed by the Texas Alcoholic Beverage Commission. It may operate as either a bar, saloon, lounge, dance hall, lodge, fraternal organization, country club or restaurant, but in doing so must conform to all requirements and restrictions set forth in the definition of such establishment and must conform to those sections of the Code as pertain to areas of operation, distances, hours, dates, fees and parking.

80.

Public Water System. A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water. Such a system must have at least fifteen (15) service connections or serve at least twenty-five (25) individuals at least sixty (60) days out of the year. This term includes any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Two or more systems with each having a potential to serve less than fifteen (15) connections or less than twenty-five (25) individuals but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are fifteen (15) or greater or if the total number of individuals served by the combined systems total twenty-five (25) or more at least sixty (60) days out of the year. Without excluding other meanings of the terms "individual" or "served," an individual shall be deemed to be served by a water system if they live in, uses as their place of employment, or works in a place to which drinking water is supplied from the system.

81.

Purchaser. Shall include purchasers under executory contracts for conveyance of real property.

82.

Recreational Vehicle. A vehicular portable structure such as a travel trailer or camping trailer or self-propelled pickup truck camper or motor home designed as a temporary dwelling for travel, recreation and vacation uses.

83.

Representation of Value. A representation of value includes cash paid under authority of sweepstakes contests as provided in the Texas Business and Commerce Code, Chapter 43(B), or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.

84.

Restaurant. An establishment whose primary business is to prepare and serve food.

85.

Retail Public Utility. Any entity meeting the definition of a retail public utility as defined in Water Code, § 13.002.

86.

Right-of-Way. The land opened, reserved, or dedicated as a public way for a street or roadway, sidewalk, drainage area, railroad, or other public purpose.

87.

Sanitarian. A person registered as a Professional Sanitarian by the Texas Department of Health under the authority of Vernon's Ann. Tex. Civ. Stat. Article 4477-3.

88.

Sewerage Facilities. The devices and systems which transport domestic wastewater from residential property, treat the wastewater, and dispose of the treated water in accordance with the minimum state standards contained or referenced in these regulations.

89.

Shopping Center. A group of two or more businesses sharing a common parking area, located on one platted tract of land.

90.

Short Term Rental. A private residence that is rented for fewer than thirty (30) continuous days for uses like vacation.

91.

Sign. A sign is any structure or part thereof or any device attached to or represented on a building, fence or other structure upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as, or which is in the nature of an announcement, direction, advertisement or other attention-getting device. A sign shall not include a similar structure or device located within a building except illuminated signs within show windows. A sign includes any billboard, but does not include the flag or pennant or insignia of any nation or association of nations, or of any state, city or other political unit, or of any charitable, educational, philanthropic, civic or religious organizations. A sign shall include all types of mobile signs in all cases where the principal use of the vehicle, trailer or mobile structure containing or supporting such sign is for the purpose of advertising. In determining the area of a sign regulated by this Ordinance, only one side of a double-faced sign shall be included.

91.1.

Smoker Shop. A retail shop specializing in the sale of tobacco and related products, including cigars, CBD, and accessories. This use does not include the smoking or other use of products within the shop.

92.

Specified Anatomical Areas. The following portions of the human body:

a.

Genitals, whether or not in a state of sexual arousal;

b.

Pubic region or pubic hair;

c.

Buttock(s);

d.

The portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s); or

e.

Any combination of the above.

93.

Specified sexual activities. Includes one or more of the following:

a.

The fondling, massaging or other erotic touching or stimulation of "specified anatomical areas" or of an erogenous zone;

b.

Normal or perverted sexual activity, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in conjunction with any of the activities above.

93.1

Storage, Self-Storage (Indoor Building Access Including Climatized). Building(s), including separate interior units or spaces used by the general public to store perishable or non-perishable materials/items generally in boxed or packaged state. Materials/items are non-hazardous and storage space may not be used for residential habitation or occupancy. All materials/items are stored inside the building with no outdoor storage permitted. Materials/items may only be stored or retrieved by physically entering inside the building(s). This storage use is different from office warehouse. See definition Chapter 10 Section 1003 Unified Development Ordinance for details

93.2

Storage, Self-Storage or Mini-Storage (Outdoor Building Access). Building(s) including separate units and/or spaces used to store nonperishable items by the general public. Materials/items are non-hazardous and storage space may not be used for residential habitation or occupancy. All materials/items are stored inside the building(s) or units with no outdoor storage permitted. Materials/items may only be stored or retrieved from accessing the building(s) or units from the outdoors. This storage use is different from office warehouse. See definition Chapter 10 Section 1003 Unified Development Ordinance for details.

94.

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 is no floor above it, then the space between the floor and ceiling next above it.

95.

Story, Half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty (60) percent of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.

96.

Street. Any public way set aside as a permanent right-of-way for street purposes and used as a means of access to abutting property. See Section 607 and Chapter 3, Thoroughfares, of the 2012 Comprehensive Plan.

97.

Structural Alteration. Any change in structural members of a building, such as bearing walls, columns, beams or girders.

98.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a location on the ground, including but not limited to buildings of all types, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.

98.5

Studio, Professional. A space used for artistic, dance, or music activities, including creation, instruction, rehearsal, or performance preparation. These studios may accommodate customers for lessons, workshops, or similar activities.

99.

Subdivider. Any owner of land or authorized agent thereof proposing to subdivide or dividing land so as to constitute a subdivision.

100.

Subdivision. Any tract of land divided into two or more parts that results in the creation of two or more lots of five acres or less intended for residential purposes. A subdivision includes re-subdivision (replat) of land which was previously divided.

101.

Subdivision, Nonresidential. The subdivision of land for commercial or industrial purposes.

102.

Substantial Change. Considerable deviations to street courses and widths, street intersections, service utilities, drainage systems and easements, lot sizes, major entrances and exits, park sites, etc. Minor changes may include slight street curve adjustments, street name changes, minor shifts in service utilities or other considerations due to engineering and construction plans.

103.

TAC. Texas Administrative Code, as compiled by the Texas Secretary of State. All references shall be as stated or as amended.

104.

TCEQ. Texas Commission on Environmental Quality, or its successor.

105.

Temporary or Itinerant Vendors. Includes persons, agents, corporations or other business entities who engage in a temporary or transient business in the City, either in one locality or in traveling from place to place selling goods, wares or merchandise, and who, for the purpose of carrying on such business, hire, lease or occupy a building, structure, vehicle, cart or other device from which goods are sold. Does not include agents, corporations or other business entities exclusively selling fruits, vegetables or other farm produce.

106.

Townhouse. One of a series of single-family dwelling units which are either structurally connected, or which are constructed immediately adjacent to each other without side yard between the dwelling units; shall be privately owned as to building and underlying ground and any other land allocated to such townhouse; may or may not have an owner's association; and may have proportionate ownership of a common area.

107.

Townhouse Common Area. Private property areas owned, designed and designated principally for the common use of the owners or occupants of a townhouse project.

108.

Townhouse Group. Four or more contiguous townhouses constructed as an integral part of a townhouse project.

109.

Townhouse Lot. Townhouse lot is a lot within a subdivision that has four of or more individual townhouse building sites. The townhouse lot may or may not also include common areas and including the following:

a.

A legal opinion by an attorney licensed to practice law in the state, accurately describing and defining the rights and duties of the owners, the legal status of common areas and facilities and provisions for taxation and maintenance of such areas, shall accompany each subdivision with townhouse lots.

b.

All common areas shall be clearly identified on the plat and adequate provisions made for maintenance and taxation. Project area, area per unit, lot area, lot width and setback shall conform to the requirements for townhouses.

110.

Townhouse Project. A townhouse development of one or more townhouse groups, constructed on contiguous land, all uninterrupted by intervening public streets, together with commonly owned structures or areas.

111.

Townhouse Subdivision. One or more townhouse projects.

111.1.

Tree, Canopy: Also referred to as a shade tree, is a tree species designated as such in the tree list found in the Table 2. Canopy Trees, Chapter 7 of this UDO.

111.2.

Tree, Understory: May also be referred to as an ornamental tree, is a tree species designated as such in the tree list found in the Table 3. Understory Trees, Chapter 7 of this UDO.

112.

Vacate. To annul, cancel, or relinquish right to a subdivision plat, street or easement.

113.

Vehicle Service, General. Vehicle services that do not meet the definition of limited vehicle services. Customers typically leave their vehicle for service, including transmission shops, paint and body shops, alignment shops, auto detailing, etc.

114.

Vehicle Service, Limited. Uses that provide direct services to motor vehicles. May include firms that service passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles. Limited vehicle service includes those uses where customers routinely wait with their vehicles for such services, including quick lubrication services and car washes.

115.

Vision Triangle. That area created by a straight line from the points of the two intersecting right-of-way lines twenty (20) feet back from their common intersection.

115.1

Vocational school. A school or training facility that offers instruction and practical introductory experience in skilled trades such as mechanics, carpentry, plumbing, and construction.

116.

Waiver, Major Subdivision. A significant change to both the standards and intent of the UDO subdivision regulations, which involves Planning and Zoning Commission approval.

117.

Waiver, Minor Subdivision. A minor change to the standards, but not the intent, of the UDO subdivision regulations, which involves the Administrative Official (as applicable) approval unless otherwise noted.

118.

Water Bodies. Any body of water, such as a sea, ocean, lake, river, stream, creek, cattle tank and/or man-made pond, which separates buildable areas of land from other areas. A canal, drainage channel or other watercourse may be considered as a water body.

119.

Water Facilities. Any devices and systems which are used in the supply, collection, development, protection, storage, transmission, treatment, or retail distribution of water for safe human use and consumption.

119.1

Winery. A building or property that produces wine, or a business involved in the production of wine, such as a wine company. This definition includes tasting rooms, which is an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for retail sale of such wine as provided by law. Samples of wine can be given complimentary or for a fee.

120.

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the district in which such building lot is located.

121.

Yard, Front. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof, other than the projections of the usual uncovered steps, terraces, porches or entrance ways. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

122.

Yard, Rear. A yard extending across the rear of the lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and rear of the main building or any projection other than uncovered steps, porches, entrance ways or private garages.

123.

Yard, Side. A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of a main building or projections thereto.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1022, § 1, 11-7-00; Ord. No. 1060, § 1, 11-5-02; Ord. No. 1075, § 1.9, 5-6-03; Ord. No. 1076, § 1, 6-17-03; Ord. No. 2005, § 7, 5-5-09; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2087, § 6, 5-6-14; Ord. No. 2094, § 14, 10-7-14; Ord. No. 2238, § II, 7-6-21; Ord. No. 2251, § 2, 11-2-21; Ord. No. 2257, § 3, 2-15-22; Ord. No. 2269, § 1, 11-1-22; Ord. No. 2306, § 1(Att.), 5-6-25)