This chapter shall be known and may be cited as the City of Roanoke "Comprehensive Zoning Ordinance" or "Zoning Ordinance." For purposes of clarity, the term "Ordinance" as used herein shall include any and all amendments to the original Ordinance, adopted on February 10, 2009. As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City. They have been designed to lessen the 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 and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning 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 City.

(a)

The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, which may also be cited as the "Zoning Map," said map being adopted as a part of this chapter as fully as if the same were set forth herein in detail.

(b)

One original of the Zoning District Map shall be filed in the office of the City Secretary and labeled as "Official Zoning Map of the City of Roanoke, Texas—Ordinance No. 2009-101." This copy shall be the official Zoning District Map and shall bear the signature of the Mayor, attested by the City Secretary, and shall bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 12.2 of the Zoning Ordinance, Ordinance No. 2009-101 of the City of Roanoke, Texas, adopted on the 10th day of February, 2009." This copy shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

(c)

A copy of the official Zoning District Map shall be placed in the office of the City Manager or his/her designee. The map copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official Zoning District Map or this copy.

(d)

In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret due to age, exposure, or the nature or number of changes or additions, the City Council may adopt, by ordinance following a public hearing, a new official Zoning Map which shall replace and supersede the prior Zoning Map, but which shall not, in effect, amend or otherwise change the original official Zoning Map or any subsequent amendment thereto. The new official Zoning Map shall bear the signature of the Mayor, attested by the City Secretary, and shall bear the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the original Official Zoning Map referred to in Section 12.2 of the Zoning Ordinance, Ordinance No. 2009-101 of the City of Roanoke, Texas, adopted on the 10th day of February, 2009." Unless the prior official Zoning Map has been lost or has been totally destroyed, the prior Map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(a)

The zoning 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 Zoning District Map, the following rules shall apply:

(1)

Boundaries shown as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries shown as approximately following platted lot/tract lines shall be construed as following such lot/tract lines.

(3)

Boundaries shown as approximately following City limits shall be construed as following such City limits.

(4)

Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way lines.

(5)

Boundaries shown as approximately following the centerlines of streams, rivers, creeks, canals, bodies of water, or drainage ways shall be construed to follow such centerlines, and in the event of change in any such centerlines shall be construed to move with such centerlines.

(6)

Boundaries shown as parallel to, or extensions of, features described in Subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map.

(7)

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

(8)

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

(9)

Where physical features on the ground are at variance with information shown on the Zoning District Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections (1) through (8) above, then the Planning and Zoning Commission shall interpret and recommend to the City Council the appropriate zoning district boundaries.

(10)

If the zoning of property is invalidated by a judgment of a court of competent jurisdiction, the property shall be considered classified as "AG" (Agricultural district) in the same manner as provided for newly annexed territory.

(11)

Zoning changes which are still valid and which were made between the effective date of the previous Zoning Ordinance (Ordinance No. 85-116, as amended), adopted on November 19, 1985, and the effective date of this chapter are indicated in approximate locations on the Zoning District Map. For exact legal descriptions, refer to the adopting ordinances for each particular zoning change.

(a)

All land, buildings, structures or appurtenances thereon located within the City of Roanoke, Texas, which are hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or converted shall be occupied, used, erected, altered, removed, placed, demolished and/or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties as per Section 12.952 of this chapter. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.

(b)

No uses shall be allowed which are prohibited by State or Federal law or which operate in excess of State or Federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), U.S. Army Corps of Engineers, or any other applicable State or Federal agency, as the case may be.

(c)

No lot/tract upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this chapter, nor shall a part of a yard or other open space required by this chapter for any building/lot/tract be included as a part of a yard or other open space similarly required for another building/lot/tract.

(d)

No building shall hereafter be erected or altered:

(1)

To have more narrow or smaller front, side or rear yards than those required by this chapter;

(2)

To exceed the maximum height allowed by this chapter;

(3)

To occupy a greater percentage of lot/tract area than allowed by this chapter; or

(4)

To accommodate or house a greater number of families than is specified within this chapter for the zoning district in which such building is located.

(a)

All land annexed or otherwise incorporated into the City shall be zoned Agricultural ("AG") until such time as the property owner seeks to establish under the procedures set forth in article II, division 5 of this chapter other appropriate zoning in conformity with the City's Comprehensive Plan. Said proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.), however zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption have occurred, and as a separate and distinct action by the City Council.

(b)

The initial zoning of a land parcel, whether by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in article II, division 5 of this chapter and all other applicable State laws.

(c)

The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.

(d)

Within an area classified as "AG" (Agricultural):

(1)

No permit for the construction of a building or use of land shall be issued by the City Manager or his/her designee other than a permit which will allow the construction of a building or use permitted in the "AG" district, unless and until such territory has been classified in a zoning district other than the "AG" district by the City Council in the manner prescribed by article II, division 5 of this chapter, except as provided in subsection (2) below.

(2)

If plans and preparations for developing a property for a use other than those specified in the "AG" district were already in progress prior to annexation of the property into the City of Roanoke, then the City Council may authorize construction of the project by a majority vote. Application of this subsection is contingent upon the following:

(A)

An application for a building permit for the proposed building or use must be made to the City Manager or his/her designee of the City of Roanoke (or his/her designee) within three (3) months (i.e., within 90 calendar days) after annexation of the property into the City; and

(B)

The applicant must be able to demonstrate that plans and other preparations for developing the property commenced prior to (i.e., were already in progress at the time of) annexation into the City. In its deliberations concerning authorization to proceed with construction of a project, which meets the above criteria, the City Council shall take into consideration the appropriate land use for the area as shown on the City's Future Land Use Plan. Upon approval by the City Council, the City Manager (or his/her designee) shall notify the City Planner/Building Official (or his/her designee) of such approval.

(a)

In general. For the purpose of this chapter, certain terms and words are to be used and interpreted as defined in this section. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.

Accessory building (business or industry) means, in nonresidential districts, a subordinate building used for purposes incidental to and in conjunction to with the main building that does not exceed the height of the main building and does not exceed fifty percent (50%) of the floor area of the main building.

Accessory building (residential) means, in a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business. Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse, home workshop, children's playhouse, storage building, garden shelter, etc.

Accessory use means a use that is customarily incidental, appropriate and subordinate to the principal use of land or buildings and that is located upon the same lot/tract therewith. Examples may include, but not limited to gazebos/arbors, swimming pools/hot tubs, patios/patio covers, decks, home workshops.

Airport or landing field means a place where aircraft can land and take off that is usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

Alley means a minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may also be used for public utility purposes.

Ambulance service means the provision of private emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.

Amusement arcade (also video arcade) means any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten percent (10%) of the public floor area is devoted to three or more amusement devices that are operated for a profit, whether the same is 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, shuffleboards, pool tables or other similar amusement devices. However, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Amusement, commercial (indoor), means an amusement enterprise primarily conducted indoors that provides activities, services and/or instruction for the entertainment of customers or members, and/or games of skill to the general public for a fee. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, trampoline park, dance hall, bingo, video arcade games, birthday party and group meeting rooms, play areas, children's amusement center, indoor go-carts, Ninja course, laser tag and other similar types of uses and their accessory uses. Amusement, commercial (indoor) may include outdoor areas such as patios, sidewalk dining areas, and courtyards.

Amusement, commercial (outdoor), means an amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.

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

Art gallery or museum means an institution for the collection, display and/or distribution of objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public.

Assisted living facility means a congregate residence facility for ten or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single-occupancy or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis.

Auto finance and leasing means leasing of automobiles, motorcycles, and light load vehicles. No outside storage is permitted.

Auto laundry or car wash means a structure used to wash motorcycles, automobiles and light load vehicles.

Auto parts and accessory sales means the use of any building or other premises for the primary display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles. No outside storage is permitted.

Auto rental means storage of vehicles for the purpose of renting automobiles or light trucks.

Auto sales means retail sales of new or used automobiles or light load vehicles and the service of new or used vehicles.

Auto storage or auto auction means the storage or impoundment, on a lot/tract or tract which is paved in accordance with parking lot/tract paving requirements set forth in this chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles.

Automobile means 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, light duty trucks and sport utility vehicles, vans and minivans, motor scooters and motorcycles.

Automobile accessory installation means minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.

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

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

Automobile repair, minor, means minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tuneups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; 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. Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than 48 hours.

Automotive gasoline or motor fuel service station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under "Automobile repair, minor." Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than 48 hours.

Bakery or confectionery (retail) means a facility less than 1,500 square feet for the production and/or sale of baked goods.

Bakery or confectionery (wholesale or commercial) means a manufacturing facility over 1,500 square feet for the production and distribution of baked goods and confectioneries intended for off-premises distribution.

Ballroom dancing means an establishment open to the general public for dancing.

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

Barn means a structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock.

Basement (or cellar) means a portion of a building that is 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 prior to berming, using measurements taken at each corner of the building which meets the ground or when subdivided and used for commercial or dwelling purposes, other than a janitor employed on the premises.

Bed and breakfast inn or facility means a dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five rooms for transient guests for compensation.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Manager or his designee shall determine the outline of the block.

Boardinghouse or roominghouse means a dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided.

Building site. See "Lot/tract" definition.

Bus station or terminal means any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers.

Caretakers' or guards' residence means a residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises.

Carnival, circus or tent service (temporary) means outdoor or indoor commercial amusement provided on a temporary basis.

Carport means a structure that is open on a minimum of two sides and 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."

Cemetery or mausoleum means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbarium's crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Cemetery, animal, means the same as cemetery except only for the burial of dead animals.

Certificate of occupancy means an official certificate issued by the city through the City Manager or his designee which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

Child care center (or day care center) means a commercial institution or place designed for the care or training of 12 or more unrelated children under 14 years of age for less than 24 hours a day.

Church, rectory or temple means a building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises. For the purposes of this chapter, religious study and other similar activities which occur in a person's primary residence shall not apply to this definition.

City means the City of Roanoke, Texas.

City council means the governing body of the City.

City Manager or his designee means the inspector or administrative official charged with responsibility for issuing permits and enforcing this chapter and building code of the city.

Civic center means a building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a government agency.

Cleaning plant (commercial/wholesale) means an industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.

Cleaning shop or laundry (small shop, pickup and self-service) means a custom cleaning shop not exceeding 2,500 square feet of floor area and may include customer self-service laundry and cleaning.

College or university means an institution established for educational purposes, accredited or recognized by the state, offering courses for study beyond the secondary education level and covering a program or series of programs of academic study.

Commercial amusement (indoor). See "Amusement, commercial (indoor)."

Commercial amusement (outdoor). See "Amusement, commercial (outdoor)."

Community center means a building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency.

Community home means 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 state department of mental health and mental retardation (also see chapter 123 of the Texas Human Resources Code, as amended).

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

Concrete batching plant (permanent) means a permanent manufacturing facility for the production of concrete.

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

Continuing care retirement community means a housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.

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

Convenience store with (or without) gasoline sales means a retail establishment selling a limited selection of prepared food or groceries for off-premises consumption, sundries and possibly gasoline, if pumps are provided. This establishment does not include or offer any automobile repair services.

Copy shop or printing shop means an establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 4,000 square feet.

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

Court means 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 means the lot/tract area covered by all buildings located thereon, including the area covered by all overhanging roofs.

Custom personal service shop means a tailor, dressmaker, shoe shop, barbershop, beauty shop or similar shop offering custom service.

Day camp for children means a facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

Density means 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.

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

Distribution center means a building or facility used for the storage and distribution of wholesale items/products.

Drapery or furniture upholstering shop means an establishment for the production, display and sale of draperies and soft coverings for furniture.

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

Dwelling, single-family attached (townhouse). See "Single-family dwelling, attached."

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

Educational facilities means public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; and such federally funded educational programs for preschool children, such as the Head Start Program.

Electrical substation means a subsidiary station in which electric current is transformed.

Enclosed building means 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.

Fairgrounds or exhibition area means an area or space either outside or within a building for the display of topic-specific goods or information.

Family means individuals living together as a single housekeeping unit in which not more than four individuals are unrelated to the head of the household by blood, marriage, or adoption.

Family home (residential child care) means 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 six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to chapter 42 of the Texas Human Resources Code, as amended, and in accordance with such standards as may be promulgated by the state department of human resources.

Farm, ranch, garden, crops or orchard means an area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual 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 agriculture or husbandry specifically prohibited by ordinance or law.

Feed and grain store means an establishment for the selling of corn, grain and other foodstuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.

Fire, police or municipal building means any public service building of the municipal government including a library or city hall, but excluding storage yards, utility shops and equipment centers.

Floodplain means 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 FIRM, Flood Insurance Rate Map of the city.

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

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

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

Food processing means a manufacturing or light industrial use that primarily deals with the processing and packaging of food products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products created and packaged on the premises may be allowed as an accessory use.

Food store means a retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food for off-premises consumption may be sold only as a secondary or accessory use.

Franchised private utility means a utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the city.

Fraternal organization, lodge, civic club, or union means 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."

Full service hotel means a building designed for the overnight or temporary lodging accommodations for travelers, having guestrooms or suites for compensation on a daily rate to the general public and providing services and amenities beyond basic linen, maid service and the use of furnishings, such as restaurants, bars, conference rooms, reception areas and recreational facilities and containing four (4) floors or more.

Funeral home or mortuary means a place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Furniture, home furnishings or appliance store means a retail store selling goods 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.

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

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

Garden shop means a facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.

Gasoline service or filling station. See "Automotive gasoline or motor fuel service station."

General commercial plant means establishments other than personal service shops 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. See "Industrial, manufacturing."

General retail stores means this major group includes retail stores which sell a number of lines of merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (also see "Retail shop").

Golf course means an area of twenty (20) acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

Gymnastic or dance studio means 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.

Hauling or storage company. See "Motor freight company."

Heavy load vehicle means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than sixteen thousand (16,000) pounds (including trailers), such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Heavy machinery sales and storage means a building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

Heliport means 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 means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Home for aged, residence, means a home where elderly people are provided with lodging and meals without nursing care being a primary function.

Home occupation means any activity carried out for gain in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes (see article VII, division 8 of this chapter).

Hospital means 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. Hospitals can be limited purpose establishments, such as:

(1)

Acute care means an institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life, and which is licensed by the state.

(2)

Chronic care means an institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the state.

Household appliance service and repair means the maintenance and rehabilitation of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines.

Household care facility means 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 setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to chapter 247 of the Texas Health and Safety Code, as amended (Personal Care Facility Licensing Act), and chapter 123 of the Texas Human Resources Code, as amended (Community Homes for Disabled Persons Location Act), as they presently exist or may be amended in the future.

Household care institution means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.

Independent living means a development providing dwelling units specifically designed for the needs of persons fifty-five (55) years of age or older. This use would allow three (3) or more dwelling units on a single lot. In addition to housing, this type of facility may provide convenience services, such as, meals, housekeeping, transportation and community facilities, such as, central dining rooms, recreation areas and activity rooms.

Industrial, manufacturing, means 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.

Industrialized home or modular home means:

(1)

A residential structure that is:

a.

Designed for the occupancy of one or more families;

b.

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and

c.

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

(2)

Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

(3)

Industrialized housing does not include:

a.

A residential structure that exceeds three stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;

b.

Housing constructed of a sectional or panelized system that does not use a modular component; or

c.

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Institution for alcoholic, narcotic or psychiatric patients means an institution offering out-patient treatment to alcoholic, narcotic or psychiatric patients.

Kennels (indoor pens) means an establishment with indoor pens in which more than four (4) dogs or domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kennels (outdoor pens) means an establishment with outdoor pens in which more than four (4) dogs or domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kindergarten or nursery school (private) means an establishment where more than three (3) children are housed for care and/or training during the day or portion thereof.

Kiosk means a small, freestanding, one-story structure having a maximum floor area of 100 square feet and used for retail 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 50 square feet.

Kitchen, residential, means, generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this chapter, generally indicates the presence of complete cooking facilities (i.e., stove, oven, microwave oven and/or refrigerator) as differentiated from a "kitchenette" which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).

Laboratory equipment manufacturing means a facility that makes or produces equipment or products used for research or testing.

Laboratory, scientific or research, means an establishment that engages in research, testing or evaluation of materials or products, but not medically-related (see "Medical facilities" and "Medical laboratory").

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

Laundromat or self-serve washateria means a facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron.

Light load vehicle means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pickup trucks, sport utility vehicles, vans and minivans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

Light manufacturing or industrial use means 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 such products, but excluding basic industrial processing.

Limited service hotel means a building designed for the temporary overnight or temporary lodging accommodations for travelers containing six (6) or more guest rooms, suites or units for compensation on a daily rate providing basic hotel services such as linen, maid service and the use of furnishings and limited to three (3) floors or less.

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

Local utility line means the facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad-mounted and pole-mounted transformers.

Lot/tract means a platted (as specified in chapter 212 of the Texas Local Government Code, as amended) parcel of land that is occupied or intended to be occupied by one main building or a group of main buildings and any accessory building, which includes such parking, landscaping and open space as are required by this chapter or other laws and/or ordinances, and also which has its principal frontage upon a public street. (See Illustrations 3, 4 and 5 printed at the end of this chapter).

Lot/tract area means the total area, measured on a horizontal plane, included within lot/tract lines.

Lot/tract, corner, means a lot/tract which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees. (See Illustration 6 printed at the end of this chapter).

Lot/tract depth means the mean horizontal distance between the front and rear lot/tract lines which create an area that meets the zoning district's minimum width and depth requirements. (See Illustration 4 printed at the end of this chapter).

Lot/tract, double frontage, means a lot/tract having frontage upon two nonintersecting streets, as distinguished from a corner lot/tract. (See Illustration 2 printed at the end of this chapter).

Lot/tract, flag, means a lot/tract 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. Flag, or panhandle, lot/tracts are typically discouraged.

Lot/tract frontage means that dimension of a lot/tract or portion of a lot/tract abutting onto a street, excluding the side dimension of a corner lot/tract.

Lot/tract, interior, means a lot/tract other than a corner lot/tract. Lot/tract, key, means a corner lot/tract whose exterior side is adjacent to the front yard of another lot/tract.

Lot/tract line, front, means the narrower side of the lot/tract abutting a street. Where two lot/tract lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot/tract frontage. For a lot/tract which has a boundary line which does not abut the front street line, is not a rear lot/tract line, and lies along the same general directional orientation as the front and rear lot/tract lines, said line shall be considered a front lot/tract line in establishing minimum setback lines. (See Illustration 3 printed at the end of this chapter).

Lot/tract line, rear, means the lot/tract line farthest from and most parallel to the front lot/tract line. For triangular lot/tracts, the point opposite the front lot/tract line shall be considered the rear lot/tract line and have a value of zero. (See Illustration 5 printed at the end of this chapter).

Lot/tract line, side, means any lot/tract line not the front or rear lot/tract line.

Lot/tract lines or property lines means the lines bounding a lot/tract as defined in this section.

Lot/tract of record means a lot/tract which is part of a subdivision, the plat of which has been recorded in the office of the county clerk.

Lot/tract width means the horizontal distance measured between side lot/tract lines parallel to the front lot/tract line, and measured from the point on the building line which is closest to the front lot/tract line. (See Illustration 3 printed at the end of this chapter).

Main building means the building or buildings on a lot/tract which are occupied by the primary use.

Manufactured home display or sales means the offering for sale, storage, or display of new or previously owned moveable manufactured housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis. Manufactured housing means any one of two types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act, chapter 1201 of the Texas Occupations Code, as amended. For the purpose of this chapter, there are two types of manufactured homes:

(1)

Mobile home means a moveable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.

(2)

HUD-Code manufactured home means a moveable dwelling designed to be transported on the highway (either intact or in major sections) by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a moveable manufactured home that was constructed after June 15, 1976.

Manufactured housing park means a parcel of land not less than three acres nor greater than 35 acres which is designed, improved, or intended to be used for short-term or long-term occupancy by manufactured or mobile homes, trailers and/or recreational vehicles (including travel trailers) in designated spaces. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Manufactured housing space means a plot/tract of ground within a manufactured housing park, or manufactured housing subdivision which is designed for the accommodation of one manufactured or mobile home, trailer or RV unit.

Manufactured housing subdivision means a parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned mobile home units or HUD-Code manufactured homes on platted lot/tracts which can be purchased outright by the owners of the mobile home units. The facility may include a residence for the owner/manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Masonry construction means that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or combination of these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows.

Mausoleum means property used for the interring of the dead and where bodies are interred above ground in stacked vaults.

Medical facilities means:

(1)

Medical clinic or office means 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.

(2)

Dental office or doctor's office means the same as "medical clinic."

(3)

Massage establishment means 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, therapeutic massage, massage technology, myotherapy or any derivation of those terms. 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.

(4)

Public health center means 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 herewith.

(5)

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

(6)

Surgical outpatient facility means 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.

(7)

Medical laboratory means an indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.

Mini-warehouse means 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.

Minor medical emergency clinic. See "Medical clinic or office."

Model home means a dwelling in a developing subdivision, located on a legal lot/tract 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 within the same subdivision.

Motor freight company means a company using trucks or other heavy load vehicles to transport goods, equipment and similar products. The term "motor freight company" includes companies that move residential or commercial belongings.

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

Motorcycle means 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, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles.

Motorcycle sales and repair means the display, sale and/or servicing, including repair work, of motorcycles.

Multiple-family dwelling means three or more dwelling units on a single lot/tract designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadraplex), as well as traditional apartments.

Municipal facility or use means any area, land, building, structure and/or facility which is owned, used, leased or operated by the city. Nonconforming use means a building, structure, or use of land lawfully occupied as of the effective date of this chapter, which does not conform to the use regulations of the district in which it is situated.

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

Nursing, convalescent or rest home. See "Skilled nursing facility."

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

Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements of this chapter, located on the lot/tract or tract occupied by the main use or within 150 feet of such lot/tract or tract, and located within the same zoning district as the main use or in an adjacent parking district.

Office center means a building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc.

Office showroom means an establishment with no more than twenty-five percent (25%) of its total floor area devoted to storage and warehousing, but 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.

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

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

Officially approved place of access means access to a property, other than from a dedicated street, which is approved by the city.

Outside display means outside temporary display of finished goods that are specifically intended for retail sale but not displayed outside overnight.

Outside storage means the keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot/tract or tract for more than 24 hours. Also referred to as open storage.

Paint shop means a commercial establishment where painting services are performed, but not automotive-related painting services. (For automotive-related painting services see "Automobile repair, major.")

Parcel means any unplatted tract of land, or any portion of an unplatted tract of land (also see "Tract").

Park or playground (private). See "Private recreation facility."

Park or playground (public). See "Public recreation."

Parking lot/tract means an off-street, ground level area, paved in accordance with city parking lot/tract standards, for the short-term or long-term storage of motor vehicles.

Parking lot/tract or structure, commercial (auto) means an area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.

Parking space means an off-street area, paved in accordance with city parking lot/tract standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.

Pawnshop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily preowned items are also allowed, provided that the sale of such items complies with local, state and federal regulations.

Personal service shop or custom personal services means 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 apparel and including, but not limited to, barber/beauty shops, dressmaking, shoe shining and repair, dry cleaning and laundry pickup stations, tailor or seamstress services, and other similar types of uses. No outside storage permitted.

Pet and animal grooming shop means a retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.

Petroleum distribution/storage/wholesale facility means a facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.

Planned development district means 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 as integral land use units either by a single owner or by a combination of owners.

Planning and zoning commission means an agency appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. The planning and zoning commission is also referred to as the "commission."

Plat means a plan showing the subdivision of land, creating building lot/tracts or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the city, and which is approved by the city and recorded in the plat records of the county.

Platted lot/tract. See "Lot/tract" and "Lot/tract of record."

Playfield or stadium (private) means an athletic field or stadium owned and operated by an agency other than the city or the school district.

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

Portable building sales means an establishment which displays and sells structures capable of being carried and transported to another location, but not including manufactured housing, as defined by this chapter.

Premises means land together with any buildings or structures situated thereon.

Primary use means the principal or predominant use of any lot/tract or building.

Principal building. See "Main building."

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

Private recreation facility or private park means a recreation facility, park or playground which is not owned by a public agency such as the city or school district, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.

Produce stand means a seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods. No cooking or on-premises consumption of produce occurs on the site.

Professional service means work performed which is commonly identified as a profession, and which may be licensed by the state.

Propane sales means retail sales of gaseous substances commonly used for household purposes such as propane and/or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.

Public agency building, shop, yard or facility means any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: the state, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the city is defined as "municipal facility or use."

Public recreation means publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in this Code.

Public view means areas that can be seen from any public street.

Rear yard. See "Yard, rear."

Recreation center means a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

Recreational vehicle/camper sales and leasing means an establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.

Recreational vehicle (RV) means a self-propelled, mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence. A recreational vehicle may also be utilized as a permanent place of residence within districts that allow them to be used as such. (See also "Heavy load vehicle.")

Recreational vehicle (RV) park means an area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. (See also "Mobile home park.")

Recycling kiosk means a small uninhabited structure, not to exceed 120 square feet, or temporary container which provides a self-service location for the depositing of recyclable materials such as aluminum cans, glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are picked up periodically from the site. This definition does not include large trailers or manned collection centers.

Rehabilitation care facility (halfway house) means 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 means a facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.

Residence means the same as a dwelling; also, when used with district, an area of residential regulations.

Residence hotel means a multiunit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, clubhouse, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this chapter.

Residential district means a district where the primary purpose is residential use.

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

Restaurant or cafeteria (with no drive-through service) means an eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which does not have a drive-through window.

Restaurant or eating place (drive-in service) means an eating establishment where food and/or drinks are 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.

Retail or service, incidental, means the rendering of retailing or services incidental to the primary use. Such retail or service use shall be operated for the benefit of convenience of the employees, visitors or customers of the primary use. Incidental uses shall mean uses which occupy less than fifteen percent (15%) of the main use.

Retail store or shop means an establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Also see "General retail stores.")

Retirement housing for the elderly (also independent living center or congregate housing) means a development providing self-contained dwelling units specifically designed for the needs of ambulatory elderly persons. Units may be rented or owner Page occupied. To qualify as retirement housing, a minimum of eighty percent (80%) of the total units shall have a household head 55 years of age or greater. No long-term or permanent skilled nursing care or related services are provided.

Room means 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.

Roominghouse. See "Boardinghouse."

Salvage or reclamation of products means the reclamation and storage of used products or materials. (See also "Wrecking yard.")

Sand, gravel or stone extraction and/or storage means the process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.

School, business, means a for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.

School, commercial trade, means a for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.

School, private (primary or secondary), means a school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.

School, public or parochial, means a school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.

Screened means shielded, concealed, and effectively hidden from the view of 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 means the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items which are typically only available at certain times of the year.

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

Sexually oriented business. See chapter 4, article 4.300 of this Code.

Shopping center means a group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.

Side yard. See "Yard, side."

Single-family dwelling, attached, means a dwelling that is part of a structure containing more than two dwellings, which is joined to another dwelling at one or more sides by a shared wall, which is designed for occupancy by one family, and which is located on a separate lot/tract delineated by front, side and rear lot/tract lines.

Single-family dwelling, detached, means a dwelling designed and constructed as a freestanding structure for occupancy by one family, and located on a lot/tract or separate building tract having no physical connection to a building located on any other lot/tract or tract.

Skilled nursing facility (also termed nursing home, convalescent home or long-term care facility) means a residence providing primarily in-patient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.

Small engine repair shop means a shop for the repair of lawnmowers, chainsaws, lawn equipment, and other machines with one-cylinder engines.

Stable, commercial, means a stable used for the rental of stall space or for the sale or rental of horses or mules.

Stable, private, means an area used solely for the owner's private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale.

Storage or wholesale warehouse means a building used primarily for the storage of goods and materials.

Story means that portion of a building (above grade) that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. For the purposes of computing building height pursuant to this chapter, the average height for a story shall be defined as twelve feet (12'). The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories of a building shall be measured from a point representing the average slope from front to back, or side to side, of the building.

Story, half, means 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 an independent apartment or self-contained living quarters shall be counted as a full story.

Street means any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty feet (60').

Street intersection means any street which joins another street at an angle, whether or not it crosses the other.

Street yard means the area between the building front line and the front property line.

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

Structure means a combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water (also see definition of "Building").

Studio for radio and television means a building or portion of a building used as a place for radio or television broadcasting.

Studio, health/reducing/fitness, means, but is not limited to, an establishment which provides facilities and equipment which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only. No outside signage may be used to advertise accessory uses.

Studio, tattoo or body piercing, means a building or portion of a building used for selling and/or applying tattoos, permanent cosmetics, and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Swimming instruction as a home occupation means the teaching of swimming in a private swimming pool. Within a residential district, this use is subject to the approval and issuance of a specific use permit which may specify operating conditions and standards and which may limit the number of students and operating times.

Swimming pool, commercial, means a swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.

Swimming pool, private, means a swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with article VII of this Code, the International Residential Code, and International Property Maintenance Code, as amended. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Telemarketing center means an establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.

Telephone and exchange, switching/relay or transmitting station means 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 (inside or outside) or repair yards.

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

Temporary building means any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, and does not require on-site installation of utilities and/or foundation.

Temporary field office or construction yard or office means a structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one year for a specific time and location as determined may be issued by the City Manager or his designee and shall be subject to review and renewal for reasonable cause.

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

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

Theater, drive-in (outdoor) means an open lot/tract with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

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

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

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

Tract means a single individual parcel or lot/tract.

Tractor sales. See "Heavy machinery sales and storage."

Trade and commercial schools. See "School, commercial trade."

Trailer, hauling, means a vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer home. See "Manufactured housing, mobile home."

Trailer or manufactured housing space. See "Manufactured housing space."

Trailer park or court. See "Manufactured housing park."

Trailer rental means the display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.

Trailer, travel or camping, means a portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.

Transportation and utility structures/facilities means 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 station turnarounds, water reservoirs and water pumping stations.

Truck means a light or heavy load vehicle (see definitions for "Light load vehicle" and "Heavy load vehicle").

Truck and bus leasing means the rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.

Truck and bus repair means an establishment providing major and minor automotive repair services to heavy load vehicles.

Truck sales (heavy trucks) means the display, sale or rental of new or used heavy load vehicles in operable condition.

Truck stop means a facility for the parking, refueling and/or minor repair of heavy load vehicles, such as tractor-trailer trucks. These facilities may also include retail sales of food and/or other items, restaurants, restroom/showers facilities, and/or temporary sleeping quarters.

Truck terminal means an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. The term "truck terminal" may include facilities for the temporary storage of loads prior to shipment.

Two-family dwelling (duplex) means two attached dwellings in one structure, each designed to be occupied by one family.

Usable open space means an open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding ten percent (10%), shall have no dimension of less than ten feet (10'), and may include landscaping, walks, recreational facilities, water features and decorative objects such as artwork or fountains (see also section 12.274(c) through (e)).

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

Utility distribution/transmission lines means 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 city or private utility company.

Variance means 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 city can grant a variance.

Veterinarian clinic means an establishment where animals and pets are admitted for examination and medical treatment (also see "Kennels").

Wrecking yard (junkyard or auto salvage) means any lot/tract 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 means an open space at grade between a building and the adjoining lot/tract 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/tract line and the main building shall be used. (See Illustration 3).

Yard, front, means an open, unoccupied space located in front of the front elevation of a building and extending across a lot/tract 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 Illustration 3).

Yard, rear, means an open, unoccupied area extending across the rear of a lot/tract measured between the lot/tract lines and being the minimum horizontal distance between the rear lot/tract line and the rear of the outside wall of the main building. On both corner lot/tracts and interior lot/tracts, the rear yard shall in all cases be at the opposite end of the lot/tract from the front yard. (See Illustration 5).

Yard, side, means an open, unoccupied area between the building and side line of the lot/tract and extending from the front lot/tract line to the rear lot/tract line and being the minimum horizontal distance between a side lot/tract line and the outside wall of the side of the main building. (See Illustration 5).

Zoning board of adjustment means a board which is appointed by the city council, and which is authorized to grant special exceptions or variances to this chapter, and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. Also referred to as the "BOA."

Zoning district means a classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.

Zoning district map means the official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this chapter. (See section 12.2 regarding the zoning district map and section 12.3 regarding zoning district boundaries).

(Ord. No. 2012-113, § 2, adopted 5/8/2012; Ord. No. 2013-116, § 2, adopted 10/22/2013; Ord. No. 2018-108, § 2, 4/10/18; Ord. No. 2020-100, §§ 2, 3, 1/14/2020)