Sharing all or a portion of a property boundary line or border; touching.

A subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises.

Any structural addition to the recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

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

Lying near or close to, but not necessarily touching.

Administrative and clerical offices, public contact services, charitable institutions, and incidental activities of federal, state, county, city, and other governmental offices. Typical uses include city halls, post offices, and field offices of federal and state agencies.

Any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including a statuary, place for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term “placed” shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this Ordinance.

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

Businesses engaged in the treatment, care, or boarding of animals, and for which an outside run may be present, provided that it conforms with the use standards for animal services in this Ordinance. The uses typically include veterinary hospitals, kennels and commercial stables.

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, busses, motor scooters, and motorcycles.

Businesses engaged primarily in automotive, marine, and heavy equipment related sales and/or services. This includes, but is not limited to, any one or more of the following for automobiles, farm and implement equipment, motorcycles, boats, and other motorized vehicles: show rooms, automotive washing, commercial off-street parking (not an accessory to another use), rentals, long-term vehicle storage, and repair services (not an accessory to an automotive fuel and service station).

A structure with a steel or wood frame, with sheet metal siding and roofing, used as a dwelling.

A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

All industrial uses including those engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in the storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Typical uses include food processing and dehydrating; salvage yards; rubber products; tire recapping; welding shops; shop forges; tool and die shops; machine shops and metal products; manufacturing of chemicals, acids, pharmaceuticals, fertilizers, and plastic products; wood, paper, textile, and leather products; manufacturing and processing of construction materials; and mineral extraction.

An establishment containing 5 or fewer sleeping rooms that rents sleeping rooms on a nightly basis to guests, and that provides breakfast or brunch included in the price of the accommodation. The owner lives on the premises.

A single or double-faced outdoor sign which advertises goods, products, or services that are not sold or offered on the property where the sign is located, and which is either: (a) larger than 200 square feet in size; or (b) is mounted above the highest permitted building height for the zoning district in which the sign is located.

Establishments renting more than one sleeping room that is a part of the main house on the property for a period of time exceeding 14 days. Meals may be a part of the price of the accommodation or may be paid for separately. The owner lives on the premises.

Antennas, towers and satellite dishes used to broadcast and/or receive signals for radio, television, radar, or other telecommunications for other than personal use.

The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

The official designated by the city manager that is responsible for the inspection of electrical, mechanical and plumbing associated with a property.

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

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

A separate vehicle designed for human habitation which can be attached and detached to or towed by a motor vehicle.

Land used or intended to be used for burial of the dead. Crematoriums, columbariums, mausoleums, and mortuaries are permitted when operated in conjunction with and within the boundaries of the cemetery.

Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated, or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or other church activities.

The city manager of the City of Smithville, Texas or the designee thereof.

The official of the City designee charged with the enforcement of the provisions of this article.

Businesses engaged primarily in the provision of facilities for sports, entertainment, or recreation for participants or spectators indoors or outdoors. The facilities may be open to the general public or restricted to registered members or guests (excluding those uses defined as Public Recreation). Typical uses include amusement arcades, bowling alleys, roller-skating rinks, camping facilities, golf courses and driving ranges, amusement parks, motor raceways, zoos and movie theaters.

A motor vehicle that is used primarily to engage in commerce. This includes tractors and any other farm related equipment.

Any use specifically enumerated under the regulations of a Commercial District, excluding any Residential Use.

Businesses engaged primarily in the recording and broadcasting of information or entertainment and other services. Typical uses include radio and television studios, as well as recording studios.

The comprehensive plan for the long-range development of the city adopted by the city under Chapter 213, Texas Local Government Code, as the same may be amended, revised, replaced, restated, or otherwise modified from time to time.

A condominium consists of multiple units, each individually owned, on a single lot or property. It is a multifamily residential complex, the units of which are individually owned, each owner receiving a recordable deed to the individual unit purchased.

A steel or metal shipping container originally designed to be used for intermodal shipping. It includes but is not limited to cargo or freight containers, ISO containers, and Conex boxes.

A person or developer who controls at least fifty-one percent (51%) of ownership.

A health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

An establishment containing more than 5 sleeping rooms and that rents sleeping rooms on a nightly basis to guests and that provides one or more meals included in the price of the accommodation. Owner may or may not live on the premises and usually has employees who help with food service and housekeeping. Country Inns shall be located on lots that are at least 21,000 square feet in area.

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

Facilities and uses engaged in preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences. Typical uses include libraries, exhibition grounds, museums, and auditoriums or similar registered non-profit organizational uses.

A facility for the examination and treatment of ill and afflicted human out-patients provided that patients are not kept overnight except under emergency conditions.

Facilities for the disposal of trash, garbage, waste and refuse, including but not limited to landfills, sewage treatment plants, sewage lagoons, and composting plants.

Any section or sections 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.

Any district listed under Section 2.1.1, a PDD with a base zoning district listed under Section 2.1.1, and the PD-Z Zero Lot Line District.

Any district listed under Section 2.1.2 and a PDD with a base zoning district listed under Section 2.1.2.

That portion or all of a dwelling that is designed for or used as living quarters by one (1) family.

A detached dwelling containing two (2) dwelling units.

“Multiple family” and “multi-family” both mean a detached dwelling containing three (3) or more dwelling units, including a residential condominium created under Chapter 82, Texas Property Code, but not including a hotel or motel.

A detached dwelling comprising one dwelling unit designed to be occupied by one (1) family.

Any building designed for or used as living quarters by one (1) or more families.

Public and private primary, secondary, and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the public schools of the State of Texas. This category does not include private trade, technical, business, or professional schools.

One (1) or more persons related by blood, marriage or adoption, or a group of not to exceed five (5) persons not all related by blood or marriage.

A dwelling unit for one (1) family that shares at least one (1) common wall with or is above a private garage.

Any building, or portion thereof, used for the storage of four (4) or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

An accessory building or a part of a main building, enclosed on all sides, which is used for storage of automobiles and used solely by the occupants and their guests.

A building in which are provided facilities for the care, servicing, repair or equipping of automobiles.

Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic washing or the sale of butane or propane fuels.

Establishments serving a large market area and engaged primarily in the rental or sale of retail goods and services commonly purchased by the general public, excluding those commercial uses classified more specifically in other commercial sections. Typical uses include the sale of appliances; air conditioning, plumbing, electrical and heating equipment and service; antiques; auction houses (except livestock); automotive fuel and service; auto parts; bicycle sales and service; business, trade or technical schools; cafes, delicatessens, restaurants, and caterers; carpet and rug cleaners; department stores; feed and fertilizer; furniture and upholstery; pets and supplies; home improvement and building materials; hotels and motels; gun shops; greenhouses and plant nurseries; pet stores; radio and television sales and service; supermarkets; and variety stores. Pawn brokerages and sexually oriented businesses are excluded from general retail.

A sign erected and maintained on a site pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

A dwelling unit designed, arranged, or used for occupancy by more than 6 persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, and boarding houses.

Living quarters within a detached accessory building, which is built to residential building code requirements and which is located on the same lot or parcel of land as the primary structure and used exclusively for the housing of members of the family occupying the main building or their non-paying guests.

Any home-based business carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, but which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one (1) nonilluminated nameplate not more than four (4) square feet in area attached to the main or accessory building, and no mechanical equipment is used except such as is customary for purely domestic or household purposes. A beauty or barber shop, tea room or restaurant, rest home or clinic, doctor’s or dentist’s office, child care center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.

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

An establishment renting sleeping rooms on a nightly basis. Generally, the number of rooms is over 10 and, generally, each room is provided with a separate complete bathroom facility (tub or shower, lavatory and toilet). Meals are usually not a part of the price of the accommodation.

a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as defined by 24 C.F.R. § 3282.8(g).

A structure defined as “industrialized housing” under Chapter 1202, Texas Occupations Code. Industrialized housing is commonly also known as a modular home.

A structure defined as an “industrialized building” under Chapter 1202, Texas Occupations Code.

Any lot or premises on which are kept four (4) or more dogs, more than six (6) months of age in exchange for payment or other consideration.

A lot having frontage on two (2) intersecting streets, such lot abutting that intersection, and having abutting lots on both streets fronting on those streets.

A person who may or may not own the RV Park but is person responsible for the day to day operations including records and license of the park.

Uses engaged primarily in the processing, fabrication, assembly, treatment, and packaging of finished products and parts, including the incidental storage and distribution of such products. Typical uses include printing and publishing facilities, and research and development facilities. Basic Industry uses are excluded.

Establishments engaged primarily in the rental or retail sale of goods and services for personal consumption or improvement or household use, except those items specifically defined under General Retail, generally serving a neighborhood, local area, or portion of the city. Typical uses include antique and furniture stores; appliance retail and repair shops; art supply, craft, and hobby shops (without an outside garage); bakery with local sales and distribution; barber and beauty shops; book or stationery stores; cafes, delicatessens, restaurants, and caterers; camera stores; convenience stores, including those with self-service automotive fueling stations; dressmakers and tailors; dry cleaners and laundries; fabric shops; florists; frozen food lockers; garden shops; hardware and paint stores; health or athletic clubs; jewelers; optical shops; photo, artistic, dance, and music studios and galleries; pharmacies and soda fountains; travel agencies; printing and copying shops; and bed and breakfasts. Pawn brokerages and sexually oriented businesses are excluded from limited retail.

The lines bounding a lot.

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

A lot abutting two or more streets at the intersection of such streets.

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

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

A lot other than a corner lot.

A single, legally created parcel of land intended as a unit for transfer of ownership or for development and having frontage on a public street. The term “lot” includes the terms “plot,” “parcel,” “tract” and similar terms.

Land zoned MH for which the city has issued a license pursuant to Section 4.1 of this Ordinance and which is in compliance with all of said Section 4.1.

Establishments providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts and licensed for such practice by the State of Texas. Typical uses include clinics, convalescent homes, hospitals, laboratories, veterinary clinics (without any outside facilities), and sanitariums. Uses include dental clinics, medical clinics, and funeral services.

A mix of residential, office, retail, industrial, community facilities, and commercial uses, or any combination thereof, within the same building or lot.

A structure that was built before June 15, 1976, transportable in one or more sections, which, in traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on-site, is 320 or more square feet, and which is built on permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing[,] heating, air conditioning, and electrical systems.

A self-contained vehicle designed for human habitation with its own motive power and with a passageway from the body of the home to the driver and front passenger seats.

A self-propelled device in, upon or by which any person or property is or may be transported.

An on-premise pole sign that advertises three or more occupancies on the same premises.

A person or persons whose primary place of residence is within 200 feet of the property in question. Measurement shall be from property line to property line.

Establishments engaged primarily in services including, but not limited to, the fields of accounting and finance, architecture, banking and investment, design, engineering, employment, insurance, law, management, planning and development, and real estate. Uses may also include individual medical and dental offices.

A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile parking space with a street or alley and permitting ingress or egress of an automobile.

Establishments engaged in the sale of goods traded as security for personal loans that are repaid by the borrower through a repurchase agreement or by a third party through the purchase of the goods.

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

Publicly owned and operated parks, recreation areas, playgrounds, swimming pools, and open spaces available for use by the general public without requirement of membership or affiliation.

Facilities for the conduct of public safety and emergency services, including police and fire protection, emergency medical and ambulance services, and city and county jails.

A phone used by registrants of the RV Park for emergency purposes.

Any licensed camp trailer, travel trailer, motor home or fifth wheel designed to provide temporary living quarters for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by motor vehicle. (Reference Chapter 12 - “Traffic and Vehicle” Ordinance, City of Smithville).

Any lot, tract, or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made. A recreational vehicle park is a unified development of recreational vehicle spaces provided for recreational vehicle use with or without community facilities and permitted permanent buildings.

That part of a lot or area in a recreational vehicle park or RV Park that has been reserved for the placement of one recreational vehicle or RV.

A use located in a permanent building and providing regular organized religious worship and religious education incidental thereto, but excluding private primary and secondary educational facilities, recreational facilities, and day care services. Typical uses include churches, synagogues, and religious worship centers. A property tax exemption obtained pursuant to the Property Tax Code of the State of Texas shall constitute prima facie evidence of religious use.

Uses that engage in scientific research, laboratory testing, and product development.

Any dwelling, provided that the term, “Residential Use,” does not include bed and breakfast, boarding house, country inn and hotel/motel uses.

A building where lodging only is provided for compensation to three (3) or more, but not exceeding twenty (20) persons. A building which has accommodations for more than twenty (20) persons shall be defined as a hotel under the terms of this Ordinance.

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

Any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from or dry-cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.

Facilities and structures relating to the provision and maintenance of various services to local residents by a public, semi-public, or private entity. Services may include, but shall not be limited to, animal control, solid waste disposal, and utilities such as water, wastewater, natural gas, electricity, telephone, and cable communications.

The rental for compensation of dwellings or accessory dwelling units, or any part thereof, for the purpose of overnight lodging for a period of not less than one night and not more than twenty-nine (29) consecutive days other than ongoing month-to-month tenancy granted to the same renter for the same unit as their primary residence; provided that the term does not include hotel, motel, boarding house, bed and breakfast, or country inn uses.

A stable with a capacity for not more than two (2) horses or mules.

A stable, other than a private stable, with a capacity for more than two (2) horses or mules.

Having at least seventy-five (75) percent of the exterior walls of a building constructed of brick, stone, or other masonry construction.

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) 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.

That portion of a building, other than a basement, included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

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

Any public or private thoroughfare which affords the principal means of access to abutting property.

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

Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

An office, shed or other temporary structure that is incidental to a construction project. Temporary construction buildings do not contain sleeping or cooking accommodations.

A single family dwelling that is 400 square feet or less in floor area, excluding lofts, provided that the definition does not include a garage apartment.

An area containing one (1) or more buildings designed or intended to be used as temporary sleeping facilities of one (1) or more transients and intended primarily for automobile transients.

A dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.

A townhouse is a type of multifamily residence with between two (2) and six (6) dwelling units, with each unit extending from the ground to the roof and where each unit joined to other residential units on either side by a common wall, and with each unit has its own outside access.

A vehicle without motive power designed for carrying persons, animals, or property on its own structure and to be drawn by a vehicle with motive power. The term shall include, but not be limited to, semi-trailer and utility trailer.

A parcel of land which has been designed or improved or intended to be used or rented for occupancy by one (1) or more trailer houses or mobile homes.

A plot of ground within a trailer court designed for the accommodation of one (1) mobile home.

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

A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants, and not exceeding thirty-eight (38) feet in total length and eight (8) feet in width.

A facility for the loading, unloading, and interchange of passengers and incidental baggage, freight, and package express between modes of transportation, including bus depots, railroad stations, airport terminals and mass transit facilities.

Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.

Uses engaged primarily in the handling, warehousing and distribution of materials and equipment, other than live animals or plants, either in enclosed structures or open-air fenced-in areas. Typical uses include monument or stone yards, wholesale and retail distribution centers, self-service storage facilities, and moving and storage firms.

The front yard shall be defined as the yard fronting the name street.

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

A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and the outside wall of the side of the main building.

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

The zoning district map of the city adopted as part of this Ordinance pursuant to Section 1.12.1 of this Ordinance, as the same may be amended, revised, replaced, or otherwise modified from time to time.