Plural - Consistent with the content, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number and words in the masculine sense include the feminine. The word “building” includes the word “structures”; the word “lot” includes the words “plot” or “tract”; the word “shall” is mandatory and not discretionary.

For the purposes of this ordinance, certain terms and words are hereby defined as follows:

Accessory Building (residential): In a residential district, a subordinate building, not intended, used, or occupied as a dwelling, attached or detached, and used for a non residential purpose customarily incidental to the existing main structure such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, children’s playhouse, storage house or garden shelter, but not involving a business or conducting of a business. Accessory Buildings (residential) are subject to the setback provisions hereinafter specified[.]

Accessory Dwelling Unit (ADU): A single-family detached home with a minimum of 1,000 square feet of livable floor space, exclusive of car port or porch area, with separate water, electricity, and utility connections. An ADU on wheels is considered to be a Camper Trailer/structure. A structure that depends on electricity, water, sewer, or utilities from a separate structure is considered a Camper trailer/structure.

Accessory Uses: A use naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the premises as further defined.

Accessory Uses (commercial): Buildings designed for off-street parking, garages for occupants and visitors, storage buildings and docks, processing and manufacturing incidental thereto.

Temporary construction structures are also included.

Accessory Uses (industrial): Buildings designed for warehousing, parking, open and enclosed storage, junkyards, equipment storage, docks and salvage yards.

Accessory Uses (residential): see Accessory Building[.]

Adult Arcade: Any place the public is allowed or invited where image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the exhibition or description of specified sexual activities or the exhibition of anatomical areas as defined in this section. The devices include but are not limited to coin or slug operated electronically or mechanically controlled, still or motion-picture machines and projectors.

Adult Bookstore or Adult Video Store: An establishment that as one of its business purposes offers for sale or rental, or any form of consideration for one or more of the following:

Adult Cabaret: A nightclub, bar, restaurant, or similar commercial establishment that features:

Adult Motel: A hotel, motel or similar commercial establishment that:

Adult Motion-Picture Theater: A commercial establishment that regularly show[s], for any form of consideration, films, motion-pictures, videocassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section.

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

All-Weather Surface: A smooth, level surface, paved with crushed stone, asphalt, concrete or other pervious or impervious materials in a manner that will support the weight of emergency vehicles and the traffic volume in the area of application (typical passenger vehicles), in all-weather conditions, and minimize the potential for ruts, potholes or pooling of water.

Allow: To let happen, cause, suffer, or permit, including the failure to prevent.

Animated Sign: Any sign(s) that use movement, flashing lights, change of lighting or other audio-visual aid to depict action or create a special effect.

Applicant: The individual or entity that will be the intended operator of the enterprise.

Approved: Means approved by the building official.

Billboard (outdoor advertising): A large sign, generally supported by a metal frame and consisting of a single sign or two parallel or nearly parallel sign faces oriented in opposite directions, used for the display of posters, printed or painted advertisements that generally direct attention to goods, merchandise, entertainment, or services conducted, sold or offered at a location other than the premises on which the sign is located

Board of Adjustment: The Board of Adjustment of the City, or in their absence, the Planning and Zoning Commission.

Building: Means any structure for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls around 50% of its perimeter.

Building (commercial): Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building Area: The total area enclosed by a line formed by the outside surface of all walls at the foundation line.

Camper Trailer (Camping structure): A tent, recreational vehicle, or other structure intended primarily for temporary or recreational use, and generally but not always characterized by the absence of permanent toilet or plumbing, the need to be connected to external electricity and/or water sources, rooms or ceilings that can collapse or expand, compact sleeping quarters and/or kitchens, and/or the capacity to be moved and/or towed quickly without permits[.]

Cashier: Any employee who handles cash or any other form of payment from clients of an enterprise for services or products provided.

Certificate of Occupancy and Compliance: An official certificate issued by the City through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

Chief of Police: Chief of Police of Reno, Texas, or his designated agent.

Child Care Facility: A building used as a day nursery, children’s boarding home, child placement agency or other place for the care or custody of children under fifteen (15) years of age, licensed by the State of Texas pursuant to Chapter 42 of the Texas Human Resources Code.

Church or Place of Religious Worship: A building in which persons regularly assembly for worship, intended primarily for purposes connected with faith or for propagating a particular form of belief.

Church or Rectory: A place of assembly and worship by a recognized religion including synagogue, temples, churches, instruction rooms and the place of residence for ministers, priests, rabbis, teachers and directors on the premises.

City: The City of Reno, Lamar County, Texas.

City Council: The City Council of the City of Reno.

Clinic, Medical or Dental: Facilities for examining, consulting with and treating patients including offices, laboratories and outpatient facilities but not including hospital beds and rooms for acute or chronic care.

Club, Private: A clubroom or suite of rooms or a building available to restricted membership for meetings, dining and entertainment. Such facilities may include a private tennis court, swimming pool or similar recreation facilities, none of which are available to the general public.

Club Private/Serving Alcoholic Beverages: A business serving alcoholic beverages which derives in excess of seventy five percent (75%) of its gross revenue from the on-premises sale of alcoholic beverages, or a business selling alcoholic beverages and which is a massage parlor, nude modeling studio, or other sexually oriented business.

Commercial Amusement (indoor): An amusement enterprise wholly enclosed and operated within an acoustically treated building such as a bowling alley or pool hall.

Commercial Amusement (outdoor): An amusement enterprise offering entertainment to general public such as golf driving range, pitch and putt course, archery, miniature golf and similar outdoor activities but not including go-cart racing, drag strips, auto racing or motorcycle racing.

Community Center (private): A building or group of rooms designed and used as an integral part of a residential project by the tenants of such a project for a place of meeting, recreation or social activity and under the management and unified control of the operators of the project. A private community center shall not be operated as a place of public meetings, or as a business, nor shall the operation of such facility create noise, odor or similar conditions perceptible beyond the bounding property line of the project site.

County: Lamar County, Texas.

Day Nursery, Day Camp or Kindergarten School: An establishment where four (4) or more children are left for care or training during the day or portion thereof including a recreation area with or without a building where children engage in supervised training or recreation during daylight hours.

Density: Number of dwellings divided by acreage.

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

Development Standards: All or any part of this ordinance which establishes minimum yard areas and dimensions, set backs, floor area ratios, building height, signage, and parking requirement.

Dwelling: A house, duplex, apartment, townhouse, condominium, mobile home, accessory dwelling unit (ADU) or any other building used for residential purposes.

Eating Place With Drive-In or Curb Service: An establishment offering food for sale to customers in automobiles and parking space is provided on premises for consumption of food in automobiles.

Eating Place Without Drive-In or Curb Service: Any eating establishment, cafeteria, restaurant or inn where food service is offered to customers not in automobiles.

Employee: Any person who works in or about an enterprise and renders any service whatsoever to the customers of an enterprise and receives compensation for such service or work from the operator or owner of enterprise or from the patrons thereof.

Escort: A person who, for consideration, agrees or offers to privately model dance or similarly perform for another person, or to act as a private companion, guide or date for another person. This shall include, but not be limited to, strippers who perform for private parties.

Escort Agency: A person or business association that, for consideration, furnishes, offers to furnish or advertises to furnish escorts as one of it’s primary business purposes.

Floor Area Ratio: The percentage obtained by dividing the total floor area of the main building, including balconies and garages, by the total area of the lot.

Food Processing: Other than animal products.

Freestanding Sign: Any signs supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Garage: (see Accessory Building)[.]

Home Occupation: A home occupation is an occupation customarily carried on in the home by a member of the occupant’s family, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity or service for sale on the premises, without the use of equipment other than that customarily found in a household and which does not create obnoxious conditions to abutting residential property such as odor, increased traffic, light or smoke.

Hospital: A building used to provide inpatient medical care of the sick or injured licensed pursuant to the Texas Hospital Licensing Law (Chapter 241 of the Texas Health and Safety Code), as a convalescent facility pursuant to Chapter 242 of the Texas Health and Safety Code, or is operated by an agency of the Federal Government.

Hospital (chronic care): An institution where those persons suffering from generally permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.

Hospital (general acute care): An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.

Library, Art Gallery or Museum (public): Any institution for the loan or display of books, 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 Fabrication and Assembly Processes: Including but not limited to the manufacture of jewelry, trimming decorations, signs and any similar time not involving the generation of noise, odor, vibration, dust or hazard.

Lighted Sign: Any sign which is illuminated but does not use movement, changes of lighting, flashing lights, or other audio-visual aid to create a special effect or depict a scene.

Live Exhibition: Including, but not limited to, dancing, modeling, sword swallowing, juggling, acrobatic acts, wrestling, and pantomime.

Masonry: To include, but not limited to stone, brick, concrete or stucco.

Mobile Home: Any vehicle or similar portable structure in excess of eight (8) feet in width having no foundation other than wheels, jacks, blocks or skirting and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

Motel or Hotel: A building or group of buildings designed for and occupied as a temporary abiding place of individuals and providing twenty (20) or more room units with customary hotel services such as linen, maid service, telephone and upkeep of furniture.

Nonconforming Sign: Any sign which does not conform to the requirements of this ordinance.

Nonconforming Use: Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto, with the use regulations of the district in which it is located.

Nude Modeling Studio: A place where for any form of consideration, a person models in a state of nudity, or displays specified anatomical areas as defined in this section, for other persons to sketch, draw, paint, sculpt, photograph or similarly depict or observe.

Nudity or State of Nudity: Any state of dress which fails to opaquely cover a human buttock, anus, male genitalia, female genitalia or nipple (areola) of a female breast.

Operator: The manager or other natural person principally in charge of an enterprise.

Person(s): Means a natural person, his heirs, executors, administrators, or assigns and also includes a firm, partnership, or corporation, its or their successors, or assigns, or the agents of the aforesaid.

Plant Nursery or Greenhouse: Retail or wholesale sales of plant materials and supplies either enclosed in a building, lath house, or in the open and with related storage of equipment of landscape contracting.

Private Garage: An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.

Public Building: A building used by federal, state, or local government that is open to the general public.

Public Park: A tract of land maintained by the federal, state or local government for the enjoyment of the general public.

Quick-Service Food or Beverage Shop: An establishment offering food or beverage to customers either through an automobile pick-up window or a walk-up window, or with eating space provided within the building.

Radio, Television or Microwave Towers: Structures supporting antenna for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.

Radio, TV, and Appliance Repair: A shop for the repair of household and home equipment, such as electrical appliances, lawn mowers, tools and similar items where all such items are stored within a building.

Regulations: Regulation of Reno, Texas, for the operation of sexually oriented business enterprises.

School: A building used for the primary purpose of instruction or education, including playgrounds, dormitories, stadiums and other structures or grounds considered to be part of the facility.

School (commercial trade or craft): A business operating for profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and other similar manual trades.

School, (private): An academic institution other than a public or parochial elementary or secondary school, including private elementary and secondary schools and institutions of higher learning.

School, (public or denominational): A school and customary accessory uses under the sponsorship of a public or religious agency having a curriculum generally equivalent to public, elementary or secondary schools, but not including private, trade or commercial schools.

Screen: A wall, fence or combination of groomed plantings (excluding natural timbers, woods and brush) of height not less than six (6) feet or greater than eight (8) feet and sufficient length and opacity to form a visual barrier.

Secondhand Store, Furniture or Clothing: An establishment offering for sale used merchandise with the storage and display of such items wholly located inside a building or structure.

Server: An employee who serves patrons food or beverages in an enterprise, including waiters, waitresses, hosts, hostesses and bartenders.

Setback: The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

Sexual Encounter Center: A business or commercial enterprise that, as one of it’s primary business purposes, offers for any form of consideration:

Sexually Oriented Business Enterprise (enterprise): A sex parlor; nude modeling studio; love parlor; adult bookstore; adult movie theater; adult arcade; adult video store; adult motel; adult cabaret; escort agency; sexual encounter center; to other similar commercial enterprise where the primary business is to offer a service or to sell, rent or exhibit devices, performances, or other items intended to provide sexual stimulation or sexual gratification to the patron. The term enterprise shall not be construed to include:

Shop: (see Accessory Building)[.]

Sign: A sign is any poster, structure, device, signal (temporary or permanent) which contains slogans, advertising, instructions, messages (paid or unpaid) from individuals, businesses, agencies or organizations.

Specified Anatomical Areas: Human genitals in a state of sexual arousal, whether clothed or nude.

Specified Sexual Activities: Includes any of the following:

Stable (commercial): A Structure housing horses which are boarded or rented to the public or any stable other than a private stable; but not including a sale barn, auction or similar trading activity.

Stable (private): An accessory building set back from adjacent property lines a minimum distance of one hundred feet (100') and used for quartering horses, not to exceed one (1) horse per half acre of the area of a farm or lot.

Storage: (see Accessory Building)[.]

Street: A public or private right-of-way which affords the principal means of access to abutting property.

Stucco: Plaster or cement, either fine or coarse, used for surfacing walls. Thoroughfare: A main road or public highway or heavily traveled passage. Transfer of Ownership or Control: Includes any of the following:

Variance: Is a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance.

Zoning Commission: The Reno Planning and Zoning Commission.

Zoning Official: The zoning official shall be the City Administrator or such other person as may be appointed by the City Council.