The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning. The term "building" shall include the term "structure." The term "lot" shall indicate an area that has been platted, and may include the term "plot." The term "zone" shall mean "district." The terms "he," "him," "she," and "her" shall not be construed to be gender-specific. In addition, the following general rules of construction shall apply:

A.

Meanings and intent. All provisions, terms, phrases, and expressions contained in this Code shall be construed according to this Code's stated purpose and intent. All provisions, terms, phrases, and expressions contained in this Code shall be construed according to the general purposes set forth in subchapter 77-103. and the specific purpose statements set forth throughout this Code. When, in a specific section of this Code, a different meaning is given for a term defined for general purposes in this Chapter, the specific section's meaning and application of the term shall control.

B.

Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this Code and any heading, caption, figure, illustration, table, or map, the text shall control.

C.

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language, as well as graphics and commentaries, are intended to provide examples and shall not be interpreted as exhaustive lists of all possibilities.

D.

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the city. References to days are calendar days unless otherwise stated.

E.

References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, as may be amended, unless otherwise specifically stated.

F.

Delegation of authority. Any act authorized by this Code to be carried out by a specific official of the city may be carried out by a designee of such official.

G.

Technical and non-technical terms. Words and phrases not otherwise defined in this Code shall be construed according to the common and approved usage of the language, but technical words and phrases not otherwise defined in this Code that may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning.

H.

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the City of Rowlett, unless otherwise indicated.

I.

Mandatory and discretionary terms. The words "shall," "must," or "will" are always mandatory, and the words "may" or "should" are always discretionary.

J.

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items, conditions, provisions, or events shall apply; and

2.

"Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.

K.

Tenses and plurals. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

The director of planning has authority to determine the interpretation or usage of terms used in this Code. Appeal of an interpretation made by the director of planning shall be to the board of adjustment within 20 days of the said director's decision.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 016-09, § 46, 6-2-2009)

This section defines the general use categories and specific use types listed in Table 3.1-1, Table of Allowed Uses.

A.

Residential use definitions.

1.

Household living. This use category is characterized by residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than 30 days is classified under the "Visitor Accommodation" category). Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles. Home occupations and accessory dwelling units are accessory uses that are subject to additional regulations (see subchapter 77-303., Accessory uses and structures). Specific use types include, but are not limited to:

(a)

Dwelling, condominium. A type of dwelling in which three or more individual dwelling units are attached by one or more vertical party walls, with the habitable spaces of different dwelling units arranged side-by-side, within a cluster or stacked configuration. Each individual condominium dwelling unit has individual access to the outside. Condominium dwelling units are platted as individual units and are typically surrounded by common areas owned and/or maintained by a homeowner's association.

(b)

Dwelling, HUD-code manufactured home. A structure constructed on or after June 15, 1976, according to the rules of the State of Texas.

(c)

Dwelling, mixed-use. The development of a lot, tract, or parcel of land, and building or structure with two or more different uses with residential and another use including, but not limited to office, retail, public uses, personal service or entertainment uses, designed, planned, and constructed as a unit.

(d)

Dwelling, multi-family. Attached dwelling units designed to be occupied by three or more families living independently of one another, not to include boardinghouses, shelters, hotels, or motels.

(e)

Dwelling, single-family (attached). A dwelling that is part of a structure containing three or more units, each designed for occupancy by one family within each unit, attached by a common wall, a minimum of 20 feet in length.

(f)

Dwelling, single-family (detached). A detached dwelling unit designed to be occupied by not more than one family.

(g)

Dwelling, two-family. A detached dwelling designed to be occupied by two families living independently of each other.

(h)

Dwelling, townhome. A type of multi-family dwelling in which three or more individual dwelling units are attached by one or more vertical party walls, with the habitable spaces of different dwelling units arranged side-by-side or within a cluster, rather than a stacked configuration. Each individual townhome dwelling unit has individual front and rear access to the outside. Townhome dwelling units are platted on individual lots, and are typically surrounded by common areas owned and maintained by a homeowner's association.

(i)

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

(j)

Manufactured housing park. A residential development of not less than seven acres, which consists of HUD-code manufactured houses that are transported to the park site, or mobile homes that existed prior to passage of this regulation.

2.

Group living. This category is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living." Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a family. Specific use types include, but are not limited to:

(a)

Group home. Generally, group homes have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff.

(b)

Retirement home, nursing home, continuing care, or assisted living facility. A health or care facility used for or customarily occupied by persons recovering from or suffering from infirmities of age, injury, or disease, that provides meals, lodging, and continuing care for longer than 24 hours, for compensation.

B.

Institutional and public uses.

1.

Aviation. Aviation uses include improved or unimproved facilities for the landing and takeoff of flying vehicles, including loading and unloading areas and passenger terminals for aircraft. Accessory uses include freight handling areas, concessions, offices, parking and maintenance, and fueling facilities. Specific use types include, but are not limited to:

(a)

Airports, landing fields. Any area that is used, or is intended to be used, primarily for the takeoff and landing of manned aircraft and any appurtenant areas that are used, or intended to be used, for airport buildings or facilities, including open spaces, taxiways, and tie down areas, hangars, and other accessory buildings.

(b)

Heliports and helistops. A heliport is an area of land or water or a structural surface that is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport buildings and other heliport facilities. A helistop is the same as a heliport, except that no refueling maintenance, repairs, or storage of helicopters is permitted.

2.

Community facility. Community facility uses include buildings, structures, or facilities owned, operated, or occupied by a governmental, philanthropic, or eleemosynary agency to provide a service to the public. Specific use types include, but are not limited to:

(a)

Animal shelter. A permanent facility for the purpose of collecting and impounding stray, wild, and/or unclaimed animals, reptiles, etc., both domestic and non-domestic.

(b)

Athletic stadium or field. A permanent facility for the staging of amateur and/or professional sporting events, consisting of an open-air or enclosed arena/stadium and appropriate support facilities.

(c)

Correctional facility. A facility for the purpose of incarcerating and rehabilitating offenders. Examples of such facilities are government-owned and/or -operated jails, prisons, and boot camps. This definition does not include halfway houses or other such facilities where offenders are not totally confined.

(d)

Municipal uses. Any facility owned and operated by the city for the purpose of providing municipal services to residents and businesses within the city. Municipal uses may include, but are not limited to: municipal buildings; roadways; streetlights; traffic control devises; easements; water, wastewater, and drainage facilities; and other similar municipal uses.

3.

Cultural facility. A cultural facility displays or preserves objects of interest or provides facilities for one or more of the arts or sciences. Accessory uses may include parking, offices, storage areas, and gift shops. Specific use types include, but are not limited to:

(a)

Library. A permanent facility for storing and loaning books, periodicals, reference materials, audio tapes, video tapes, and other similar media to city residents. A library may also include meeting rooms, offices for library personnel, and similar support facilities.

(b)

Museum or art gallery. A permanent facility for the collection and public display of artwork including, but not limited to, paintings, sculpture, textiles, and antiquities. Support facilities include office space, restoration facilities, and storage areas.

4.

Day care. Day care uses include facilities that provide care for children or adults on a regular basis away from their primary residence for less than 24 hours per day. This category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Accessory uses include offices, recreation areas, and parking. Specific use types include, but are not limited to, the following:

(a)

General day care. A facility that provides care for 20 or more persons less than 24 hours a day.

(b)

Limited day care. A facility that provides care for fewer than 20 persons less than 24 hours a day.

(c)

Family home (accessory use). A home 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 children, but the total number of children, including the caretaker's own, does not exceed 12 at any given time.

5.

Education. Education uses are public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, which provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, parking, transit-related facilities, auditoriums, and before or after school day care. Specific use types include, but are not limited to:

(a)

College or university. A permanent facility for the purpose of undergraduate and graduate instruction. The institution may be privately or publicly funded and may also include on-campus dormitories for enrolled students.

(b)

Commercial school. An establishment, other than public or parochial schools, private primary or secondary schools, or colleges, offering training or instruction in a trade, art, or occupation.

(c)

Primary or secondary school (public or private). An accredited school under the sponsorship of a public, private, or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, not including commercial schools.

6.

Human health services. Human health services uses are characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, or other physical or mental conditions. Accessory uses may include laboratories, outpatient, or training facilities, and parking, or other amenities primarily for the use of employees in the firm or building. Specific use types include, but are not limited to:

(a)

Dental or medical office or clinic. A facility for a group of one or more physicians for the examination and treatment of human outpatients, provided that patients are not kept overnight. Laboratory facilities will be ancillary to a medical or dental office.

(b)

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

(c)

Hospital (psychiatric). An institution providing mental health facilities for inpatient treatment or treatment and recuperation.

(d)

Medical laboratory. A facility for medical research.

7.

Park and open space. Park and open space uses focus on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, swimming pools, playgrounds, tournament and practice ball fields, maintenance facilities, concessions, caretaker's quarters, and parking. Specific use types include, but are not limited to:

(a)

Cemetery (expansion or modification). Expansion or modification of a parcel of land or structure that was established before the effective date of this Code and is dedicated to, and at least a portion of which is being used for, the interment of human or animal remains. A cemetery may include crematories, mausoleums, and columbaria.

(b)

Golf course. An area that is improved with trees, greens, fairways, hazards, and which may include clubhouses.

(c)

Open space. An area that is not developable due to environmental constraints or on which development has been limited for aesthetic, environmental, or recreational purposes. An open space may be included in an open space master plan.

(d)

Park or playground (public). A recreation facility, recreation center, or park owned or operated by a government agency and available to the general public.

8.

Religious assembly. Religious assembly facilities are used primarily for non-profit purposes by a recognized and legally established sect to provide assembly and meeting areas for religious activities. Accessory uses include parking, caretaker's housing, buildings ancillary to a religious function, pastor's housing, and group living facilities such as convents. Examples include churches, temples, synagogues, and mosques.

9.

Telecommunication facility. Telecommunication facilities transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Specific use types include, but are not limited to:

(a)

Amateur radio antenna, CB antenna, or satellite dish antenna. Antenna not exceeding 40 feet in height above the ground elevation at the base of the tower, pole, structure, or support.

(b)

Tower (commercial, radio, television, relay, cellular, or microwave) over 40 feet. An antenna in excess of 40 feet in height from the base primarily used for commercial broadcasting or receiving; also referred to as a "microwave tower."

(c)

Radio broadcasting without tower. A building or portion of a building used as a place for radio broadcasting but without a transmission tower.

10.

Transit. Transit uses include facilities or locations that receive and discharge passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi, commuter/passenger railroad, shuttle van, or other similar vehicular services. Specific use types include, but are not limited to:

(a)

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

(b)

Transit station. A passenger terminal or loading facilities for a privately or publicly owned transit system, including a private shuttle service.

11.

Utility. Utility uses include buildings, structures, or other facilities used or intended to be used by any private or public utility. This category includes buildings or structures that house or contain facilities for the operation of water, wastewater, waste disposal, or electricity services. Accessory uses may include control, monitoring, data, or transmission equipment. Specific use types include, but are not limited to:

(a)

Utility facility, major. A service of a regional nature that normally entails the construction of new buildings or structures, and may have employees on the site. Examples include, but are not limited to, water works, reservoirs, power or heating plants, electrical transfer and transmission stations, or steam generating plants.

(b)

Utility facility, minor. A service that is necessary to support development within the immediate vicinity and that involves only minor structures. Employees typically are not located at the site. Examples include, but are not limited to, electric transformer stations; gas regulator stations; telephone exchange buildings; and well, water, and sewer pumping stations.

C.

Commercial uses.

1.

Agricultural. Agricultural uses primarily involve raising, producing, or keeping plants or animals, or cultivation and management of other natural resources or farm products. Accessory uses may include dwellings for proprietors and employees, barns, storage of grain, animal raising, feed preparation, and wholesale sales of products produced on-site. Specific use types include, but are not limited to:

(a)

Agricultural cultivation. The raising of agricultural products for consumption or commercial sale. Products may include, but are not limited to, vegetables, grains, fruits, plants, and other similar products.

(b)

Agricultural grazing. The practice of keeping cattle, sheep, horses, or other similar animals on fields for the purpose of grazing and feeding. This term shall not include commercial feed lots.

2.

Animal sales and service. Animal sales and service uses involve the selling, boarding, or care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage areas. Specific use types include, but are not limited to:

(a)

Kennel or veterinarian office. An establishment in which more than four dogs or domesticated animals more than one year old are housed, groomed, boarded, trained, or sold for commercial purposes, and where animals and pets are admitted for examination and medical treatment. The establishment may or may not have outside runs depending on the district in which it is located. This definition shall not include stores where the primary purpose is the retail sale of merchandise and where pet sales, when conducted, are conducted totally within the primary building.

3.

Assembly. Assembly uses include facilities owned or operated by associations, corporations, or other persons for social, educational, or recreational purposes primarily for members and their guests. Accessory uses may include offices, meeting areas, food preparation areas, concessions, parking, and maintenance facilities. This definition category shall not be the same as that used in a building code. Specific use types include, but are not limited to:

(a)

Clubs (service), lodges, sororities, and fraternities. An organized group having a restricted membership and specific purpose to the welfare of the members such as Lion's Club, Kiwanis, Elks, Masons, and other similar associations.

4.

Financial service. Financial service uses provide lending, banking, and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities. Accessory uses may include automatic teller machines, offices, and parking. Financial institutions may or may not have drive-through service depending on the zoning district in which they are located. Specific use types include, but are not limited to:

(a)

Automated teller machine. A device that dispenses cash and conducts limited banking transactions for customers using a credit card, bank card, or other similar personal banking card. These devices, known as automatic teller machines (ATMs), may be part of a bank office, a drive-up banking center, or may be freestanding units in retail centers or within other buildings.

(b)

Financial institution. An establishment that provides banking services, lending, or similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. The establishment may or may not have drive-through facilities.

(c)

Alternative financial institution. An establishment that provides car title loans, payday loans, check cashing services or money transfer services, but is not a state or federally chartered bank, savings and loan institution, credit union or community development financial institution. An alternative financial institution shall not include an establishment or business that provides the described financial services as accessory to another main use.

5.

Food and beverage service. Food and beverage service businesses serve prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices, and parking. Specific use types include:

(a)

Delicatessen or specialty foods store. A store that conducts over-the-counter sales of food products and beverages for off-site consumption. Indoor seating of not more than ten percent of the gross floor area may be allowed as accessory to the use. This definition shall not include convenience store.

(b)

Nightclub or private club with alcohol beverage sales. An establishment providing social and/or dining facilities, as well as alcoholic beverage service, to an association of persons, and otherwise falling within the definition of and permitted under the provisions of, the Texas Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

(c)

Restaurant. An eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises. The establishment may or may not have drive-thru facilities or patio dining depending on the district in which it is located.

6.

Office. Office uses are characterized by activities generally focusing on business, professional, insurance, or financial services. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building. Specific use types include, but are not limited to:

(a)

Office. A building used primarily for conducting the affairs of a business, profession, service, or industry, or like activity, that may include ancillary uses such as restaurants, coffee shop, and limited retail sales.

(b)

Office complex. A complex of two or more buildings used primarily for conducting the affairs of a business, profession, service, or industry, or like activity, that may include ancillary uses such as restaurants, coffee shop, and limited retail sales.

7.

Parking facility. Parking facility uses provide lots or structures for the parking of motor vehicles.

(a)

Commercial parking facility. A commercial lot or structure designed for the parking of motor vehicles.

(b)

Interior commercial parking garage. A fully enclosed structure or facility with one or more levels and used exclusively for the parking of motor vehicles.

8.

Recreation and entertainment, indoor. Indoor recreation and entertainment uses provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific use types include, but are not limited to:

(a)

Recreation and entertainment center. A place designed and equipped for the conduct of sports, exercise, and/or leisure-time activities.

(b)

Sexually oriented business. As defined under Chapter 10 of the Code of Ordinances.

(c)

Sports arena. An officially designated area for indoor sports or entertainment.

(d)

Theater. A building or part of a building devoted to the showing of motion pictures or live performance.

9.

Recreation and entertainment, outdoor. Outdoor recreation and entertainment uses provide recreation or entertainment activities outside of an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific use types include, but are not limited to:

(a)

Carnival or amusement park. A structure or outdoor area open to the public that provides entertainment or amusement for a fee or admission charge, including, but not limited to, rides, water slides, carnivals, and games of chance.

(b)

Commercial amusement. An outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge including, but not limited to, batting cages, miniature golf, "go-cart" tracks, water slides, carnivals, skateboarding, and swimming pools.

(c)

Commercial stable. An area of five or more contiguous acres containing a stable for horses, mules or ponies that are hired, bred, shown or boarded on a commercial basis.

(d)

Driving range, putting course. An area of less than 20 acres that includes facilities for driving or putting golf balls, but is not a regulation or conventional golf course.

(e)

Golf course and country club. A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts, and similar recreational or service uses.

(f)

Miniature golf. A recreational facility, typically comprised of nine or 18 putting small greens, each with a "cup" or "hole," where patrons in groups pay a fee to move in consecutive order form the first hole to the last.

(g)

Motor raceway. An outdoor facility for sanctioned competition of racing vehicles, including cars, trucks, motorcycles, and other vehicles designed for racing purposes. A motor raceway includes spectator seating (bleacher-type stands), a racecourse, a paddock area for support crews and maintenance, and racetrack operations offices. Straight "drag-type" racetracks are not included in this definition.

(h)

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

(i)

Theater, outdoor. An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or live performances.

10.

Retail (personal service). Retail (personal service) uses provide individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer that have been treated or processed at that location or another location. This use shall not include vehicles and equipment uses or sexually oriented uses. No outdoor display is permitted unless specifically authorized by this Code. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. Specific use types include, but are not limited to:

(a)

Barbershop or beauty shop. A facility that provides hair styling, hair coloring, nail care, facials, and other similar salon services. A beauty shop may also include a "day spa" that offers massage treatment or other services related to hygiene or body care, or similar services, but does not include a massage therapy establishment.

(b)

General personal service establishment. A business that provides individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer, which have been treated or processed at that location or another location. This includes travel agencies, dry-cleaners, laundries, tailors, toning or tanning salons, photocopy centers, shoe repair shops, interior design studios, and dance and martial arts studios. This does not include convenience stores or gas stations or a "dry cleaning plant or commercial laundry," which is classified as an industrial use under the "manufacturing and production" general use category.

(c)

Self service laundromat. A business that provides clothes washing and drying machines for the use of customers, either supervised or unsupervised.

(d)

Massage or spa therapy establishment. Any establishment other than a licensed (by whom) and established medical facility where any person, firm, association, or corporation engages in the activity of massage by a certified (by whom) massage therapist.

(e)

Permanent cosmetics. A facility or use engaged in providing permanent designs or color to a human body in a manner resembling makeup, including, but not limited to, eyeliner, eyebrow, and lips. Such uses may include those engaged in the application of permanent make-up or, changes to a person's appearance through such actions as laser hair removal or botulinum toxin (botox). This is not intended to include procedures requiring a physician.

(f)

Tattoo parlor. A facility or use engaged in placing ink or dye into the skin to create a permanent change in appearance that goes beyond enhancing natural features.

11.

Retail (general). Retail (general) uses are private enterprises involved in the local and regional sale, lease, or rent of new or used products directly to the general public. This use does not include food service, retail (personal service), construction equipment rental, or recreation uses. No outdoor display or outdoor storage is permitted unless specifically authorized by this Code. Accessory uses may include offices, parking, storage of goods, assembly, repackaging, or repair of goods for on-site sale. Specific use types include, but are not limited to:

(a)

Bakery. A facility for the production, distribution, and sale of baked goods and confectioneries

(b)

Building improvement center. An establishment for the sales of materials and hardware customarily used in the construction of a building and other structures. Outdoor display of goods may or may not be allowed depending on the zoning district.

(b-1)

Convenience store. A store whose inventory primarily includes containerized or dispensed beverages (other than primarily beer and wine), fast foods, snack foods, personal items, and other similar type items. A convenience store must include gas pumps.

(c)

General retail. A commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the consumer. The term shall include grocery store, department store, specialty store, and similar such uses.

(d)

Feed store. An establishment for the selling of food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery. Outdoor display of goods may or may not be allowed depending on the zoning district.

(e)

Flea market. An indoor or outdoor premises where the main use is the sale of new or used household goods, personal effects, tools, art work, appliances, and similar merchandise, objects, or equipment in small quantities, in broken stalls, lots, parcels, or in bulk, for the use, sale, or consumption by the immediate purchaser in a building, open air, or partly enclosed booths or stalls not within a wholly enclosed building. The term "flea market" shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal service establishments, food services establishments, and auction establishments. This definition does not pertain to retail sidewalk sales or garage sales.

(f)

Funeral parlor or mortuary. A place for the storage of deceased human bodies prior to 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.

(g)

Greenhouse and/or plant sales. An establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, trees, and other materials used in indoor or outdoor landscaping for retail use and sales and incidental wholesale trade.

(h)

Commercial grower. The growing, storage, and sale of garden plants, shrubs, trees, or vines for wholesale trade, including incidental retail sales.

(i)

Pet store. A retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building. Accessory uses may include grooming and retail sales of related merchandise.

(j)

Print shop. An establishment that reproduces, in printed form, individual orders from a business, profession, service, industry or government organization.

(k)

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

(l)

Retail sales or service, incidental. Retail sales or services incidental to the primary use. Such uses include a barbershop or beauty shop, restaurant, pharmacy, or other incidental activity secondary to the primary occupancy.

(m)

Small-scale manufacturing for on-site retail sale. Establishments and businesses that are involved in the small-scale, on-site manufacture of goods that are intended for on-site sales. Examples include, but are not limited to, book binding, candy making, toy manufacturing, apparel assemblage, food products, furniture making, glass blowing, jewelry and watch, leather goods fabrication, musical instruments manufacturing, sporting goods manufacturing, shoe making, and perfume production.

(n)

Pawn shop. A pawn shop is an establishment that has been licensed to transact business by the Consumer Credit Commissioner under Chapter 371 of the Texas Finance Code.

12.

Vehicles and equipment. Vehicles and equipment uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. This category includes automobile parts and sales, new and used automobile sales on the same lot, outside display and storage of vehicles and equipment, heavy machinery sales and service, new and used boat sales and service on the same lot, automobile body repair, automobile assembly, painting, upholstery and rebuilding, automobile service office or garage, tire dealers, and trailer rental, sale, display, and/or storage uses. Accessory uses may include incidental repair and storage, offices, and sales of parts. Specific use types include, but are not limited to:

(a)

Car wash, self-service. A facility for the cleaning of automobiles, which is intended for the use of the public, and which does not have on-site employees to perform washing operations.

(b)

Car wash, commercial. A commercial establishment that washes, cleans, and/or waxes automobiles or other motor vehicles, whether or not in conjunction with other goods or services provided to customers.

(c)

Dry boat storage. A commercial facility where boats and watercraft are stored by some other means other than directly floating in water.

(d)

Towing and storage facility. A commercial establishment engaged in towing of vehicles or equipment from one location to another. Such facilities may also include an indoor storage component for such vehicles or equipment, but may not include junked, salvage, or inoperable vehicles or equipment.

(e)

Vehicle and boat sales and rental (new). The storage, display, sale, lease or rental of vehicles, including automobiles, boats, vans, and light trucks. This use shall not include salvage operations or scrap operations. Sales of used vehicles and boats are allowed only as an accessory use.

(f)

Retail vehicle filling station. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing of vehicle fuels. Such uses may include gas, diesel, and alternative propulsion fuel stations that are accessory to another use such as, but not limited to, a convenience store, grocery store, or other retail use.

(g)

Vehicle service and repair, heavy. An establishment involved in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, or recreational vehicles. Services include engine, transmission, or differential repair or replacement; body work; upholstery work; painting; and associated repairs.

(h)

Vehicle service and repair, light An establishment engaged in light maintenance activities such as engine tune-ups; oil change and lubrication; brake repair shop; tire store, and detailing and polishing. Vehicle parts ordinarily installed on the premises may be sold.

13.

Visitor accommodation. Visitor accommodation uses include facilities where lodging and ancillary activities are provided to transient visitors and guests for a defined period. Specific use types include, but are not limited to:

(a)

Bed and breakfast. A dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.

(b)

Hotel. A building or group of buildings designed for and occupied as a temporary dwelling place of individuals and providing 200 or more room units where customary hotel services such as linen, maid service, telephone, and upkeep of furniture is provided, and where the primary access to guest rooms is interior to the building.

D.

Industrial uses.

1.

Industrial service. Industrial service firms are engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Contractors and building maintenance services and similar uses perform services off-site. Accessory activities may include sales, offices, parking, shipping and receiving, and storage. Specific use types include, but are not limited to:

(a)

Building materials and outside lumberyard sales. An establishment for the sale of materials and hardware customarily used in the construction of buildings and other structures, which includes facilities for storage.

(b)

Contractors shop or storage yard. A building or part of a building or land area for the construction or storage of materials, equipment, tools, products, and vehicles. Parts and equipment are generally not displayed or sold on-site for retail consumption, but if so, they are a subordinate part of commercial or wholesale sales. Typical examples include air conditioning service, plumbing companies, electrical companies, rental stores, or any area upon which materials are stored for use as part of the business or from which service crews are normally dispatched in service vehicles.

(c)

Heavy equipment sales and service. A facility that is engaged in the sales and repair of heavy equipment including, but not limited to, tractors, semi trucks and/or trailers or trailer components, harvesters, loaders and tracked vehicles.

(d)

Research and scientific laboratory. An enclosed facility for research, including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

2.

Manufacturing and production. This use category includes firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods, and which may be defined as "basic industry" by the office of management and budget. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on site for retail purchase, but if so, they are a subordinate part of commercial or wholesale sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. Specific use types include, but are not limited to:

(a)

Assembly of heavy electronics and devices. An enclosed building where heavy electronic components are assembled from preassembled or manufactured parts and where a finished component requires heavy truck, rail, or air transportation.

(b)

Batching or manufacturing plant. A permanent manufacturing facility for the production of concrete, cement, lime, or asphalt.

(c)

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

(d)

Natural gas or petroleum drilling or storage. A permanent facility for the drilling or storage of fossil fuels and fossil fuel byproducts including, but not limited to, gasoline, diesel fuel, and motor oil. Uses include those that store such products for transportation. Storage of gaseous products such as liquefied natural gas (LNG), compressed natural gas (CNG), butane, and propane for immediate use by the final consumer are not included in this definition.

(e)

Heavy manufacturing, general. The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of other properties in terms of noise, smoke, fumes, odors, glare, or health or safety hazards, or that otherwise do not constitute "light manufacturing," or any use where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication, or processing exceeds 25 percent of the floor area of all buildings on the lot. Examples include, but are not limited to: battery manufacture, bottling works, production of dairy products, foundry casting, and plastic products manufacturing.

(f)

Light manufacturing, general. The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building, or where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication, or processing does not exceed 25 percent of the floor area of all buildings on the lot. Examples include, but are not limited to: book bindery, frozen foods locker, cabinet shops, etc.

(g)

Research and production of medical, biological, high technology, and similar "clean" manufacturing. [Reserved.]

3.

Warehouse, freight movement, and trucking facility. Firms involved in this category are engaged in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will call pickups. There is little on site sales activity with the customer present. Uses may include carting, hauling or storage yards and contractor's shops, large-scale distribution, and warehousing. Accessory uses may include offices, truck fleet parking, and maintenance areas. Specific use types include, but are not limited to:

(a)

Freight or truck terminal. An area or building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. The use shall also include truck stops or fueling stations where diesel fuel is primarily sold.

(b)

Mini-warehouse/self storage. An enclosed permanent facility that provides storage space to the general public on a for-hire basis. Mini-warehouses and self-storage areas may also include vehicle storage for recreational vehicles, boats, and other vehicles. No other business or service may be allowed to operate out of a rented storage space. This definition shall also apply to a use that provides portable containers for storage.

(c)

Truck stop. A facility for the fueling of automobiles and heavy trucks. Accessory uses may include a restaurant, retail sales, maintenance facilities, and sleeping and personal hygiene facilities.

(d)

Wholesale distribution center. A permanent facility for the storage of products, supplies, and equipment offered for wholesale distribution (not for direct sale to the general public).

(e)

Office/Warehouse. An enclosed permanent facility for general storage or warehousing of goods and subordinate office uses not to exceed 20,000 square feet. Little or no sales activity takes place with the exception of will-call pickups.

(f)

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products. A permanent facility for the storage of gasoline, propane, butane, or other petroleum products offered for wholesale distribution (not for direct sale to the general public).

4.

Waste and salvage. Waste and salvage firms receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste and salvage uses also include uses that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and shipment of by-products. Specific use types include, but are not limited to:

(a)

Reclamation facilities. A facility that collects waste such as oils, grease, fats, human and animal waste for processing and/or transporting to another reclamation center. This use does not include grease traps for commercial establishments, portable or permanent restrooms, or similar uses as determined by the director of planning.

(b)

Portable recycling collection point. An incidental use that serves as a drop-off point for temporary storage for recoverable resources, such as newspapers, glassware, plastics, and metal cans. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools.

(c)

Recycling plant. A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production. This facility is not a wrecking yard or a junkyard.

(d)

Wrecking and salvage yard. Any lot upon which more than two motor vehicles of any kind, which are incapable of being operated due to condition or lack of license or registration, has been placed for the purpose of obtaining parts for recycling or resale. Building materials, scrap metal, or any other kind of salvage shall also be included in this definition.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, §§ 23, 24, 4-1-2008; Ord. No. 013-13, § 17, 5-21-2013)

Abutting. The condition of two adjoining properties having a common property line or boundary including cases where two or more lots adjoin a corner, but not including cases where adjoining lots are separated by a street or alley.

Access/accessway. The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Code.

Access controller. The facility controlling vehicular access to private street developments, which may be a mechanism or a manned structure.

Access drive. The drive on which vehicles are allowed ingress and egress to/from a site.

Access road. A road within one mile of the grading site, designated on the approved grading plan, and used during grading for the transport of grading equipment, hauling of fill and other equivalent traffic to and from the grading site.

Accessory building or accessory structure. A permanent building or structure affixed to the ground, subordinate to the primary structure, the use of which is incidental to the dominant use of the primary structure or the premises.

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

Acreage, net. The total acreage contained within a development, less acreage in required arterial streets, drainage ways and existing permanent land uses.

Acreage, gross. The total acreage contained within a development, including acreage in required arterial streets, drainage ways and existing permanent land uses.

Adjacent. The condition of being near to or close to, but not necessarily sharing a common dividing line (e.g. two properties that are separated only by a street or alley shall be considered as adjacent to one another).

Aircraft. Any airborne vehicle capable of carrying at least one person and shall include, but not be limited to, airplanes, rotorcraft, gliders, hang-gliders, motorized or nonmotorized balloons, dirigibles and blimps. Takeoff and landing of all aircraft is expressly prohibited in all zones unless specifically permitted.

Alley. A minor way that is used primarily for vehicular access to the back or side of properties otherwise abutting on a street.

Alteration. Any change, addition, or modification in construction, structure, or occupancy.

Ambient light. The level of brightness measured in foot-candles of area under normal atmospheric conditions.

Amendment. A change in the wording, context, or substance of this Code, an addition or deletion or a change in the district boundaries or classification upon the district map that imposes any regulation not heretofore imposed or removed, or modifies any such regulations heretofore imposed.

Ancillary use. Uses, whether permitted or conditional, subordinate or secondary to primary, permitted land uses.

Antennae. Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Any device, including DBS satellite dishes, used to receive signals from direct broadcast satellites (DBS); multi-channel multipoint distribution providers (MMDP); and television broadcast stations (TVBS).

Antennae, building mounted. Any antenna directly attached or affixed to a building, tank, tower, building-mounted mast, or structure. (Antenna with supports resting directly on the ground are defined as antenna, ground-mounted.)

Antennae, ground-mounted. Any antennae with its physical supporting structure placed directly on the ground.

Applicant. The owner, owner's agent, or city, that has requested an entitlement or change in entitlements.

Approval. A written notice by the city accepting the design, progress or completion or work.

Appurtenance. A functional or ornamental object that is visible and accessory to, and part of, a building or structure.

Automobile. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people, including but not limited to the following: passenger cars, trucks, buses, motor scooters, and motorcycles.

Balcony. That portion of a building that projects into the required yard and where the floor height of such projection is not less than four feet above grade.

Basement. That portion of a building underground and having at least one-half of its height measured from its floor to its ceiling below grade. A basement shall be counted as a story if the vertical distance from grade to its ceiling is more than two feet.

Berm. An earthen mound designed to provide visual interest and/or screen undesirable views, decrease noise.

Bicycle parking space. An area designated within a facility for the use of an individual bicycle.

Block. A piece or parcel of land or group of lots entirely surrounded by public streets, streams, railroads or parks or a combination thereof.

Board. The board of adjustment, unless otherwise indicated.

Borrow. Earth material acquired from an off-site location for use in grading a site.

Boulevard tree. A tree planted in a uniform fashion, with regular/equal spacing. This tree type is a variety that develops an overhead, spreading canopy, with a minimum clearance of seven feet from finish grade, at time of planting and at maturity, provides a clear overhead canopy extending over the street.

Brick stone. Hard-fired (kiln-fired) clay or slate material, which meets the latest version of ASTM Standard C216, Standard Specification for Facing Brick (Solid masonry unit made of clay or shale), and shall be severe weather (SW) grade, and Type FBA or FBS or better.

Brushing. The selective removal of vegetation.

Building. Any structure for the shelter, housing, or enclosure of persons, animals, or chattels or property of any kind with the exception of doghouses, playhouses and similar structures. Each portion of a building separated by a dividing wall without openings may be deemed as a separate building for the purpose of issuing building permits.

Building height. Building height is the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.

Building line. A line parallel, or approximately parallel, to a lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected.

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

Building site. The area of a building together with associated parking areas and open space required by this chapter. A building site may encompass more than one lot.

Canopy tree. A tree with a mature height over 30 feet.

Carport. A structure open on a minimum of three sides designed or used to shelter not more than three vehicles.

Certificate of occupancy. An official certificate issued by the city that indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued. Such certificate may be referred to as an "occupancy permit."

Chief building official. The building inspector or administrative official charged with responsibility for issuing building permits and issuing certificates of occupancy.

Clearing. The removal of vegetation by manual or mechanical means.

Collocation. When more than one wireless communication provider mounts equipment (antennas, dishes or similar devices) on a single telecommunication tower.

Commercial message. A depiction, representation or promotion of a product, service, event or activity for profit in or on a sign. This includes corporate logos and brands.

Commercial residential. A residential land use operated for profit by another party where profits are based on tenant rent or lease payments that include, but are not limited to mobile home or manufactured housing parks, multifamily uses, nursing homes, assisted living facilities, and other similar such use or situation, but excluding single-family and duplex rental properties.

Commission. The planning and zoning commission unless the context indicates otherwise.

Common area. Real property and/or improvements thereon, including, but not limited to, private storm drains, streets, sidewalks, utilities, parks, lakes and/or screening walls; open space; trails and/or floodplain management areas. Common area is either owned in fee, controlled as an easement, or is property leased by the Homeowner's Association (HOA) for the common use, enjoyment, and benefit of the members of the Homeowner's Association. The members of the Homeowner's Association, and not the city, shall maintain all common areas.

Communication facility plan. A development plan that is specific to a communication facility and includes, but is not limited to, a site plan, showing the location of the antennae, tower, associated equipment building, existing buildings (if any) and parking. The term shall STEALTH application.

Communication tower. A mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure designed and primarily used to support antennas, used for the transmitting, receiving and/or relaying of radio frequencies, such as used with cellular telephones, radio, telephone, microwave, short wave, paging, video and/or television signals. Furthermore, a lattice tower is a self-supporting support structure, erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment.

Comprehensive plan. The official city document which contains in graphic and textual form policies which govern the future development of the city and that consists of various components governing specific geographic areas and functions and services of the city.

Concrete masonry units. Concrete masonry units meeting the latest version of the following applicable specifications: ASTM C90, Standard Specification for Hollow Load Bearing Concrete Masonry Units; ASTM C145, Standard Specification for Solid Load Bearing Masonry Units; ASTM C129, Standard Specification for Hollow and Solid Nonload Bearing Units.

Concrete panel construction. A monolithic masonry wall unit, either poured in place, poured on site (commonly referred to as "tilt-wall construction"), or precast for assembly on site.

Conditional approval. An action by the planning and zoning commission or city council indicating that approval will be forthcoming upon satisfaction of certain specified stipulations.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of such real property, together with the right of exclusive occupancy of a unit located thereon.

Consent agenda. An agenda for either the city council or planning and zoning commission that consists of those items that are routine and for which a staff recommendation has been prepared. A member of the decision-making body or the director of planning may request that an item be placed on the regular agenda for further discussion.

Conservation easement. An easement delineating an area that will be kept in a natural, undeveloped state.

Copy. Words, letters, numbers, logos, phrases, images and/or symbols that comprise the content of a sign.

Corner lot. A lot that has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Corral fence. A fence-type structure consisting of vertical posts and horizontal members and so constructed that 75 percent or more of the vertical surface is open. Chain link or other similar types of wire fences are not intended to be included in this definition.

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

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

Critical root zone. The area of natural ground around a tree to the limits of the outermost portion of the drip-line.

Cul-de-sac. A street with no outlet, which terminates in a circular right-of-way.

Culvert. A drain, ditch, or conduit, not incorporated in a closed system, which carries drainage water under a driveway, roadway, railroad, pedestrian walk, or public way, or other type of overhead structure.

Cut. Vertical removal of earthen material.

Decorative paving. Paving that is made up of solid, precast, decorative paving, flagstone, modular units, stamped concrete, seeded concrete, colored concrete, or any combination of the same.

Dedication. A conveyance of fee simple or property rights to the city or another public agency.

Density. A ratio of the number of dwelling units to the gross land area unless otherwise stated.

Developer. An individual, firm, corporation, partnership, association, syndication, trust or other legal entity, or representative thereof, that files the application and initiates proceedings for the development of land in accordance with the provisions of this chapter, and the developer need not be the owner of the property.

Development. The necessary engineering, construction and inspection of any street, sewer, electric, gas and water utilities, drainage and flood control facilities or any other facility necessary prior to improvements to a property for which a government unit or public utility may ultimately assume responsibility for maintenance and operation.

Development review committee. The personnel designated to meet during the site plan, subdivision, platting, and zoning process.

Direct lighting. A source of external illumination located a distance away from the sign which lights the sign, but which is, itself, not visible from any normal position of view.

Director of planning means the person designated by the city manager as responsible for overseeing the overall development of the city, and the interpretation and enforcement of this Code, comprehensive plan, and other similar documents. Use of the term "director" throughout this Code refers to the city manager's designee unless the context indicates otherwise.

Disability. A physical or mental impairment that substantially limits one or more of a person's major life activities, impairs their ability to live independently or a record of having such an impairment, but such term does not include current use of, nor addiction to, alcohol or a controlled substance.

Distribution lines. Those electric lines used to distribute power from a feeder line to an end user. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse.

District. Any section of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

DBH (diameter-at-breast-height (caliper)). The tree truck diameter measured in inches at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the tree shall be measured in two places, the narrowest point beneath the split and sum of the calipers of the trunks immediately above the split. Whichever is the greater measurement is to be the measurement applied. If there is no single trunk above ground level to measure, the measurement shall be the sum of the calipers of the various trunks at breast height.

Drip line. A vertical line run through the outermost portion of the canopy of a tree and extending to the ground.

Driveway. An access route from the roadway adjacent to a lot, to the lots primary off-street parking area.

Easement. 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.

Elevation, building.

(1)

A vertical distance above or below a fixed reference level; or

(2)

A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level.

Elevation, building. A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level.

Elevation, surface. A vertical distance above or below a fixed reference level.

Engineering plan. Plans, profiles, cross sections, and other required details for the construction of public improvements prepared by a registered engineer.

Envelope, building.

(1)

A dwelling unit and all attached roofed structures, including carports or patio ramadas;

(2)

For nonresidential development, the building envelope shall be the main building and all attached roofed structures. Also referred to as a "footprint."

Equipment building or structure. An accessory building or structure used to house necessary equipment used by communication providers at a facility.

Erect. To build, construct, attach, hang, place, suspend, or affix, including the painting of signs on the exterior surface of a building or structure.

Erosion. The wearing away of the ground surface as a result of the movement of wind, water or ice.

Excavation. The mechanical, manual, blasting, or other such means for removal of earth material.

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

Façade. Any exterior face of a building, including parapet walls and omitted wall lines, or any exterior part of a building which encloses or covers a useable space. Where separate faces are oriented in the same direction or in directions within 45 degrees of one another, they are to be considered as part of a single façade.

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

Family. One or more persons related by blood, marriage, or adoption, or a group not to exceed four persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit.

Fascia. Any broad, flat, horizontal surface, as the outer edge of a cornice or roof. Fascia board is a wide board set vertically to cover the lower ends of rafters or the joint between the top of a wall and the projecting eaves.

Feeder line. High voltage supply electric lines that emanate from substations used to distribute power through an area. This term is synonymous with "transmission lines."

Fencing, protective. Fencing with a four-foot approximate height intended to provide the boundaries of something being protected.

Fencing, temporary. A temporary barrier, approved by the city, which clearly and conspicuously delineates areas designated to remain undisturbed or that are to be protected during construction.

Fill. Vertical addition of earthen material.

Final inspection. Field inspection conducted by the city prior to project acceptance.

Flag. A piece of material used as a symbol, decoration, or message that is attached on only one of its sides to a rope, building, pole, or other outdoor structure.

Floodplain. An area determined by the Federal Emergency Management Agency (FEMA) as typically shown on the flood insurance rate map (FIRM).

Floodway. The channel of a natural stream or river, and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

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

Freestanding. Any structure that is not attached to any other structure or portion of a structure. Structures that are linked by pedestrian walkways are deemed to be freestanding. Freestanding shall also apply to sole uses on an individual parcel.

Frontage. All property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is a dead end, then all of the property abutting on one side between an intersecting street and the dead end of the street, including property fronting on a cul-de-sac.

Garage (detached). An enclosed (on at least three sides) accessory building not attached to a main building, used for storage of automobiles, and used solely by the occupants and their guests.

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

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

Grade. The elevation of the ground surface, paving, or sidewalk.

Grading. The initial clearing, brushing or grubbing, and subsequent excavating or filling of a site.

Grading plan, approved. The most current grading plan, which bears the authorized signature of review and acceptance by the city.

Grading permit. An official document issued by the city authorizing the grading activity specified by the grading permit conditions.

Grading permit conditions. The specifications and requirements of the approved grading plan, soils report, or other documents necessary for grading permit approval.

Green belt. An open space area consisting of primarily natural features that may be: (1) located in a floodplain or along a creek channel; (2) used as a buffer between land uses or (3) used as an open space linkage between various land uses.

Green corridors. A riparian environment or natural open space that many times includes an intermitted stream and that could be used as a defining boundary to separate adjacent land uses, but should be managed, enhanced, and left in its natural state to help bind adjacent land uses and serve as an access corridor between distant land uses.

Greenhouse and nursery (commercial). See Nursery (plant sales).

Gross floor area. The sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. Gross floor area shall not include:

(1)

Underground parking space, unless used in a fire code.

(2)

Uncovered steps.

(3)

Exterior balconies.

Gross land area. The area of a parcel of land excluding all streets and alleyways in existence at the time the development plan is submitted. Those portions of such parcels which subsequently may be designated as streets or alleyways, whether dedicated or not, shall be included in the determination of gross land area.

Ground cover. A low growing, woody, or herbaceous vine or grass like material primarily used to cover large areas of ground. The term "ground cover" also means a plat species that normally reaches a height of less than three feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.

Grubbing. The removal of trees and other large plants including their roots.

Habitat. The place or type of site where a plant or animal naturally or normally grows and lives.

Halo lighting. Illumination produced by recessing a light source inside a hollow character with an open back or within the surface to which sign letters are mounted. An outline glow around the characters is created by this light reflecting off the background to which the characters are attached.

Hike and bike trail. A minimum eight-foot concrete surface width and is a trail that serves as a linkage for residential access to recreational and educational areas and facilities.

Homeowner's association (HOA). An organization established for the ownership, care, and maintenance of private streets, common areas, and other private facilities.

Hydrological study. A report designed to show the effects of surface water on a specific area.

Infrastructure. Facilities and services needed to sustain manufacturing, residential, commercial and all other land uses or activities under the control of a governmental agency. Infrastructure includes water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities, such as fire stations, parks, schools, and other similar type uses.

Improvements. The construction of any structure or above-ground improvements to a site including all necessary engineering, construction, and inspection costs for the same for which an entity other than the city or utility shall be ultimately responsible for maintenance and operation. All required improvements shall conform to current requirements and standards as established in this Code.

Impervious cover. Any surface lacking the ability for air and water to pass through to natural ground.

Incidental. Incidental shall be subordinate in all respects to a primary use or structure.

Inspector. A person authorized by the city to perform inspection on work performed where the city is required to inspect.

Institution. A building or buildings occupied by a government, nonprofit corporation, or a nonprofit establishment for public use.

Interior lot. A lot other than a corner lot.

Internal lighting. A source of illumination entirely within the sign that makes the contents of the sign visible at night by the light being transmitted through a translucent material but wherein the source of the illumination is not visible.

Irrigation system. An underground automatic watering system, which consists of heads, valves, pipes, etc., used for the sole purpose of sustaining and promoting plant life. This definition shall also apply to drip and soaker hose irrigation.

Key lot. A corner lot that is so designated that the lots located directly behind it face the side street of the corner lot and are not separated by an alley shall be considered a key lot.

Kiosk. A small, freestanding one-story structure having a maximum floor area of 100 square feet and used for purposes of the posting of temporary information and/or posters, notices, and announcements, an ATM, postal supplies, or similar uses where no attendant is required.

Landscape buffer. A combination of physical space and vertical elements such as plants, berms, fences, or walls, the purpose of which is to separate and/or screen incompatible land uses from each other.

Landscape screening. An area of landscaping a minimum of three feet in height. It shall consist of trees, shrubs, and groundcover and may contain natural topping material such as boulders, rock, stone, granite or other approved material. The purpose of the landscape screen is to screen adjacent areas.

Landscaped open area (or landscaped area). Any combination of living plants (such as grass, ground covers, shrubs, vines, hedges, or trees) and nonliving landscaped material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

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

Logo. A graphic image or words representing an organization. This image shall be in the form of symbols (logo symbol) and/or words.

Lot. Any land occupied or intended to be occupied by one main building or a group of main buildings, and accessory building and uses, including such open spaces as may be required by this Code, and other laws or ordinances, having its principal frontage on a public street or officially approved place, and having been approved based upon a plat.

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

Lot coverage. The amount (percent) of impervious coverage, which includes primarily surface parking and permanent structure building footprints, including accessory structures.

Lot depth. The average horizontal distance between the front and rear lot lines.

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

Lot line. The lines bounding lots defined as follows:

(1)

Front lot line. The owner shall designate and the city shall approve which lot line shall be the lot frontage.

(2)

Rear lot line. The lot line most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line.

(3)

Side lot line. Any lot lines not the front or rear lot line.

Lot types.

(1)

Corner lot. A lot that has at least two adjacent sides abutting on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

(2)

Double frontage lot. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

(3)

Flag (panhandle) lot. A lot having access to a street or alley by means of a width less than the minimum required lot width, but not less than 12 feet.

(4)

Interior lot. A lot other than a corner lot.

(5)

Key lot. A corner lot that is so designated that the lots located directly behind it face the side street of the corner lot and are not separated by an alley shall be considered a key lot.

Lot width. The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line that is closest to the front lot line.

Main building. The building on a lot that is occupied by the primary use.

Mansard roof. A roof having on each side a shallower upper part and a steeper lower part.

Masonry construction, approved materials. Materials that include, but are not limited to, brick, stone, concrete masonry units, stucco, and concrete-panel construction. All masonry construction types shall conform to city standards.

Mechanical equipment. All devices, appliances, and apparatus involved in the maintenance of environmental conditions within a building or recreational structure, such as a swimming pool or spa. Mechanical equipment shall include, but is not limited to HVAC units, air conditioners, pool heaters, pool filters, and pool circulation pumps.

Monopole. Single member, self-supporting structures that are designed to carry communication equipment such as microwave, cellular, PCS, ESMR and two-way antennas.

Monument base. A freestanding base of masonry construction to match the site building that supports the business establishment's signage.

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

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

Mural. A picture painted directly onto or applied to an exterior wall that does not contain logos or commercial messages. Murals are not classified as signs.

Native. Indigenous to the specific site or to areas contiguous to a parcel being developed.

Natural cross slope. The slope of the topographic configuration of land, graphically represented by contour lines, prior to any grading or other disturbance of the site.

Natural grade. The topographic configuration of land prior to any grading or other human disturbance of the site prior to development.

Net floor area. The total floor area of a building measured from the interior faces of load-bearing walls, excluding air shafts, stairwells, elevator shafts, restrooms, mechanical equipment rooms, atriums, and other such features as determined by the director.

Net lot area. The area included within lot lines after all right-of-way dedications have been made as required by the city, but including easements.

Noncommercial messages. A non-commercial message in or on a sign that does not promote a product, service, activity or event for profit. This includes but is not limited to public safety messages and political messages.

Nonconforming lot. A parcel of land having less area, frontage, or dimensions than required in the district in which it is located.

Nonconforming use. A building, structure, or use of land lawfully occupied at the time of the effective date of an ordinance that does not conform to the use regulations of the district in which it is situated.

Nonconformity. See subchapter 77-901B.

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

Open house. A dwelling or office space, which is for sale or for lease to which the public is invited for walk-in inspection.

Open space. Either natural open space or landscaped open space or the total thereof. Open space is meant to provide a natural or garden environment.

(1)

Common open space. Any landscape or natural open space, other than frontage open space, intended for use by all occupants of a development.

(2)

Frontage open space. All the landscaped or natural open space between the right-of-way line of a dedicated public street and any perimeter structure within the development except that this space may extend between structures or between a structure and a side property line to a depth of not more than the width of the opening.

(3)

Landscaped open space. An area improved through the harmonious combination of natural desert growth with the introduction of trees, shrubs and ground cover which may contain natural topping material such as boulders, rock, stone or granite or other approved material. Landscaped open space shall provide a garden atmosphere, which shall include native and/or other approved plantings. Landscaped open space shall be free of any asphalt or concrete pavement not serving as an integral and functional part of the landscape theme. Landscaped open space does not include walkways outside of a landscaped area or parking areas. Landscaped islands within parking areas may be considered landscaped open space. The purpose of the landscaped open space is to enhance the visual and aesthetic quality of any structure or development.

(4)

Natural open space. Any natural, completely undisturbed, wooded area.

Outdoor display. Outdoor display is the advertising of new goods, materials, vehicles, products, equipment, or services and other such items where examples of these are available for display by the public.

Outdoor storage. Outdoor storage is the keeping of goods, materials, vehicles, products, equipment, containers or other such in a location not enclosed by walls and a roof.

Overlay district. A zoning district that provides supplemental regulations to be applied in addition to those of the base zone district.

Owner. The person holding title by deed to land, or holding title as vendees under land contract, or holding any other title of record, including any holder of mortgage on land and/or improvements.

Parapet wall. A wall extending above the plate line of a building.

Parcel. An area within legally described boundaries under common ownership and capable of being separately conveyed by a plat.

Park. A tract of land, designated and used by the public for active and/or passive recreation.

Parking aisle. The aisles on which vehicles are allowed access to the individual parking stalls and are characterized by slow speeds and high turning movements.

Parking lot perimeter. For landscaping purposes, the exterior edge of a parking lot measured along the curb/edge of pavement adjacent to the property line(s) that includes a parking bay, parking aisle, parking stall, driveway, or escape lane, excluding driveway openings that provide cross access to another lot or to a public or private street.

Parking space. A permanently surfaced and defined area, enclosed or unenclosed, with a minimum length and width defined by this Code, and intended for the parking of a vehicle.

Parking structure. A building designed for temporary storage of motor vehicles.

Pedestrian way. A public walk dedicated entirely through a block, from street to street, or providing access to a school, park, recreation area, or shopping center.

Perimeter roads. The roads along the perimeter of buildings and at the ends of parking aisles where they abut property lines and provide customer drop-off and pickup as well as emergency access to the building.

Permitted use. A use specifically permitted or a use analogous to those specifically permitted.

Person. A corporation, company, association, society, firm, partnership, or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof.

Planning and zoning commission. Citizen volunteers appointed by the city council as an advisory body, authorized to recommend changes pertaining to zoning and to perform other planning functions as delegated by the city council.

Plat. A map of a subdivision or a legally described lot of record, or any portion or combination hereof.

Premise or premises. A building or usable part of a building and the land on which it is located.

Primary use. A primary use is determined by the relationship of a use to other uses, whereby other uses are subordinate to that use as may be measured by the amount of income generated by a use versus other uses, the amount of inventory of a use versus other uses, by the amount of land, floor area, property or other such measurement whereby other uses are subordinate to a use, where a business is primarily dependent or more dependent upon a use to generate income to a business over other uses, or other measurement or evaluation as may be appropriate. In some circumstances, it is possible to have more than one primary use if related as measured or determined herein.

Private street. A platted street providing limited local traffic circulation among adjacent lots which is privately owned and maintained, contained within a private street lot, and constructed in accordance with the requirements of this Code.

Private street lot. A separate lot owned by an association whereupon a private street is constructed.

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

Principal building. See Main building.

Prohibited use. A use not specifically permitted or a use analogous to those not specifically permitted.

Replatting. The combining or resubdivision of any part or all of any lot, lots, or blocks of a previously platted subdivision, lot, or tract.

Residential district. Any district that allows residential uses as either a permitted or conditional use.

Residential use. A residential use shall refer to such uses as single-family attached or detached dwellings, apartment and other multifamily complexes, nursing homes, retirement communities, or similar such uses characterized by long-term occupancy of as dwelling, as opposed to uses characterized by a short-term occupancy of a transient nature such as hotels or motels.

Retaining wall. A wall designed to withstand lateral and hydrostatic pressures and built to keep earth from sliding.

Revegetation. Placement of living plant materials including, but not limited to, seed, on sites or cut and fill slopes where the natural vegetation has been removed.

Rezoning. The changing of the zoning classification of particular lots or parcels of land.

Screen. An opaque barrier designed and installed to conceal areas used for storage, refuse, mechanical equipment, parking or delivery service loading bays from street and public view, or to buffer adjacent uses.

Screening wall. An approved structure intended to minimize adverse impacts associated with contiguous or adjacent land uses, or effects of site operations.

Seasonal merchandise. Seasonal merchandise is merchandise, subject to common usage of the term that is stored and/or displayed with the intent to sell within 60 days. This may also include the storage and/or display of merchandise during other seasonal periods with the intent to dispose of the merchandise within the 60-day period.

Setback area. The setback area shall be the area between the property line and the minimum building setback as established by the zoning district in which the lot is located or which is according to a final plat filed for record with the county.

Setback, generally. A required area on the same lot or tract with a principal use that provides for light, air, building separation, and access for emergency personnel and equipment. The depth of setbacks is measured at right angles to the relevant property line.

Setback, front. A setback that extends across the full frontage of a lot or tract on a public or private street as required under this Code.

Setback, rear. A setback that extends across the full rear of a lot or tract. The rear setback is defined by the rear property line.

Setback, side. Any setback that is not a front or rear setback. Generally, side setbacks extend from the inner boundary of the front setback (or from the front property line of the lot or tract where no front setback is required) to the inner boundary of the rear setback (or to the rear property line of the lot or tract where no rear setback is required.) For corner and through lots, setbacks remaining after front setbacks have been established shall be considered side yards.

Sign. Any device, name, number, identification, description, announcement, declaration, demonstration, flag, banner, pennant, illustration, light, or insignia, and the supporting structure of any of the same, placed upon or affixed directly or indirectly to or upon any building or outdoor structure, or erected or maintained upon a piece of land which directs attention to any object, product, service, place, activity, person, institution, organization, or business, except that holiday lights and decorations shall not be considered signs.

Sign permit. A written authorization to erect a sign, obtained pursuant to subchapter 77-512 of this Code.

Sign types.

A-frame. A pedestrian-oriented sign ordinarily in the shape of an "A", or some variation thereof, located on the ground, not permanently attached and easily moveable, and usually two-sided. Also called a sandwich board.

Awning. A roof-like structure usually made of canvas that serves as a shelter, as a storefront window, door or deck. Also, an architectural projection that provides weather protection, identity, decoration and is supported by the building to which it is attached.

Attached. Any sign that is attached or affixed to a building or permanent structure for support. This includes but is not limited to wall signs, roof signs, awning signs, projecting signs, hanging signs, window signs, and canopy signs.

Banner. A flexible piece of material used as a symbol, decoration, or to provide a message that is attached on at least two of its sides to a building, poles, or other outdoor structure.

Billboard. Any off-premise sign over 200 square feet in area including its frame and support structure.

Blade. A permanent sign projecting vertically from part of the building façade over a public right-of-way or sidewalk and constructed of durable material such as metal, glass, or plastic.

Canopy. A sign painted or affixed to a roof-like structure that shelters uses and is supported by either one or more columns or by the building which it is accessory to and open on two or more sides.

Detached. A self-supported sign not attached to a building. This includes but is not limited to monument signs, ground signs, and pole signs.

Dilapidated. Any sign where the elements of the surface or background can be seen, as viewed from the normal viewing distance, to have portions of the finished material broken off or missing; where the copy is faded and worn, damaged, decayed, eroded, or missing; where the structural support or frame is bent, broken, dented, damaged or torn; where the sign or its elements are damaged, twisted or leaning at angles other than those at which it was originally erected.

Directional kiosk is a sign located within the city right-of-way, providing directions to subdivisions, homebuilders, and city facilities, installed and maintained by the city or a contractor authorized by the city.

Directional sign. A nongovernmental sign that provides direction to various locations.

Electrical sign. A sign in which electrical wiring and connections are used.

Government sign. Government insignia; legal or official notices; or any sign that is authorized or installed by a government agency or political subdivision.

Ground sign. A sign that is made of wood, masonry, metal or other rigid material and supported by one or more uprights, poles or vertical parts secured in the ground.

Hanging. A pedestrian-oriented sign suspended from the underside of an awning, canopy, eave or overhang.

Human. A temporary sign comprised of a person dressed in costume and/or holding a sign or having a sign affixed to the person for the purposed of advertising or otherwise drawing attention to an individual, business, commodity, service, activity or product.

Illuminated sign. A sign lighted by or exposed to artificial lighting either by lights directed toward the sign, within the sign, or behind the face of the sign.

Incidental. A small, flat, permanent sign affixed to a building or structure incidental to the use or structure.

Inflatable. A display, balloon, object or character capable of being inflated by air or other gas and fixed to a mooring, base or by weights.

Institutional flag sign A sign pertaining to a nonprofit corporation, or a nonprofit establishment for public use.

Marquee. A permanent sign projecting horizontally from part of the building facade over a public right-of-way or sidewalk and constructed of durable material such as metal, glass, or plastic.

Menu board. A sign erected on the exterior of a restaurant that displays a listing of items sold or served by the restaurant.

Monument sign. A free-standing ground sign generally having little or no open space between the ground and the sign and having the appearance of a solid base.

Obsolete. Any sign which no longer serves a bona fide use or purpose.

Off-premise. A sign directing attention to a business, commodity, service, activity, event or product not related to other uses on the lot upon which the sign is located.

On-premise. A sign directing attention to a business, commodity, service, activity, event or product conducted, sold, or offered upon the same lot on which the sign is located.

Pennant. A piece of flexible material such as fabric or vinyl that tapers to a point used as a symbol or decoration or to provide a message, and that is attached on only one if its sides to a building, pole, or any other structure or support.

Plaque. A permanent sign affixed to a structure.

Pole. Any free-standing sign supported up from the ground by upright structural members, which are not covered or hidden from view by a masonry base or pedestal.

Pole banner. A sign attached to a pole that is made of fabric, vinyl or other flexible material.

Political sign. A sign relating to the election of a person to public office, relating to a political party, or relating to a matter to be voted upon at an election called by a public body.

Portable sign. Any sign, specifically designed or manufactured to be easily moved from one location to another. Portable signs shall not be used in any form as a permanent sign.

Programmed electronic display. A variable message sign that utilizes computer generated messages or some other electronic means of changing copy

Projecting sign. A pedestrian-oriented sign that projects perpendicularly from a building or other permanent structure.

Pylon sign. A freestanding sign supported above the ground by upright structural members that are covered or hidden from view by a masonry or decorative wrap, base or pedestal.

Roof sign. A sign located on or supported by the roof of a building or places above the apparent flat roof or eaves of a building as viewed from the street.

Sail or feather. A wind device that contains a harpoon-style pole or staff driven into the ground for support or mounted on a weighted portable base.

Temporary event sign. A sign for the advertisement of temporary events include but are not limited to religious gatherings, public gatherings, seasonal sales and other temporary uses that may be approved under this Code or other provisions of the code of ordinances.

Temporary sign. An approved sign erected or maintained on a premises for a short duration of time. Temporary signs may supplement any permanent signs on the premise. Temporary signs include, but are not limited to, garage, estate, yard or similar sale; lost pet; political campaign; real estate; development, residential information signs; banners and pennants. Temporary signs shall be not construed to include A-frame signs.

Transportation sign. A sign specifically for the conveyance of information concerning transportation systems or vehicular movement.

Vehicular sign. Any sign that is affixed, attached, or painted on vehicle or trailer.

Wall sign. Signage that is erected against, attached to, or supported by the main building on any given property.

Window sign. A sign visible from a public street or sidewalk that is posted, attached, placed or affixed to a window or within three feet behind the window and visible from the window.

Site. A land area designated for development as a single entity, exclusive of any public right-of-way or public property, which consists of one parcel or any number of contiguous parcels.

Site visibility triangle. On the corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two and one-half feet and six feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersection.

Slope. Degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run), and the second is the vertical distance (rise), as two to one. A two to one slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and 45 degrees being a one to one or 100 percent slope.

Soil. Natural occurring deposits overlaying bedrock.

Special event. A temporary use of property that may but need not be in compliance with the standards of the zoning district in which it is to be located. Such uses which may be both public and private may include but are not limited to civic, philanthropic, educational, religious, sporting and/or social events, fundraisers or holiday sales, or any other special temporary use as may be deemed similar or analogous to the foregoing uses by the director of planning.

Stacking area. A setback measured from the public street right-of-way to the access controller.

Stealth application. The camouflaging of an antenna to integrate the antenna with a building or the landscape in terms of design, colors, materials, and height.

Storage unit. A storage unit shall mean a container used for storage outside of a structure.

Story. That portion of a building other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The average height for a story shall be defined as 12 feet.

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

Street. Any dedicated public thoroughfare that affords the principal means of access to abutting property.

Street centerline. The centerline of a street right-of-way as determined by the city engineer.

Street, dead-end. A street with common ingress and egress.

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

Street median. The non-pavement or pavement area between the moving traffic lanes of a street.

Structure. Any piece of work constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, but not including a tent, vehicle, trailer coach or mobile homes.

Subdivider. An individual, firm, corporation, partnership, association, syndication, trust or other legal entity that files the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter.

Swale. A designed invert that collects site drainage and directs it to a point of discharge.

Terrace. A relatively level step construction in the face of a graded slope surface for drainage and maintenance purposes.

Traffic directional signs. Those signs whose purpose and placement are solely to define and streamline the flow of vehicular and pedestrian traffic so as to minimize congestion and promote safety.

Tree, canopy. A tree with a mature height greater than 30 feet tall.

Tree, understory. A tree with a mature height less than 30 feet tall.

Use. The purpose for which land or a building is occupied or maintained, arranged, designed or intended.

Vacation. The termination of, or termination of interest in, an easement, right-of-way, or public dedication of land.

Vehicle. Vehicle shall include any wheeled vehicle temporarily or permanently licensed to operate on street or roads that includes, but is not limited to automobiles, motorcycles, vans, trucks, trailers, recreational vehicles, travel trailers, and mobile/manufactured housing.

Vehicle salvage yard. A vehicle salvage yard shall mean any outdoor area used for the deposit of dismantled or junk vehicles which, in their present state, are unfit for immediate use on public streets, roads or highways, including licensing and registration; any outdoor area used for the deposit, storing or holding of any discarded or dismantled material which has been a part of or intended to be a part of any vehicle or construction equipment.

Veranda. A roofed portico attached to the exterior of the front of a building.

Waiver: An exception to literal compliance with a provision of this Code on a temporary or transient basis. A waiver is specific to the owner, not the property that is the subject of the waiver, and shall not run with the land. Thus, a waiver will expire upon a transfer of ownership of the property or a change in the configuration of the property or its improvements that is inconsistent with the waiver.

Xeriscaping. Landscaping characterized by the use of vegetation that is drought-tolerant and makes efficient use of water.

Yard area. The area between a property line and a structure other than an accessory building or dwelling.

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

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, § 25, 4-1-2008; Ord. No. 016-09, §§ 47, 48, 6-2-2009; Ord. No. 033-09, § 2, 10-20-2009; Ord. No. 005-10, § 6, 4-6-2010; Ord. No. 012-12, §§ 3—5, 5-15-2012; Ord. No. 030-16, § 3, 9-6-2016)