For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural and the singular [sic]; the word "building" shall include the word "structure," and the word "shall" is mandatory and not directory.

1.

Accessory buildings. A subordinate building which is incidental to the principal building or use and which is located on the same lot with such principal building or use.

2.

Accessory use. A use incidental to the principal use of a building located on the same lot with the principal building or use.

3.

Alley. A public or private thoroughfare which affords only a secondary means of access to abutting property.

4.

Basement. A story having an average of at least one-half of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business.

5.

Boarding house. A building other than a hotel, where for compensation and by arrangement for definite period, meals, or lodging and meals are provided for five or more persons, but not exceeding 20 persons.

6.

Building. Any structure having a roof supported by columns or walls built for the support, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer, (with or without wheels) nor any movable device, such as furniture, machinery, or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a firewall, then each such portion shall be deemed a separate building.

7.

Building, height of. The vertical distance from the grade to the highest point of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and the ridge for gable, hip and gambrel roofs.

8.

Building width. The width of the lot left to be built upon after the side yards are provided.

8.5.

Carport. An open sided, free standing, site built or prefabricated accessory structure to be utilized for the protection of motor vehicles from extreme weather and ultra-violet radiation. The measurement references for carports shall include the overhangs and gable extensions (the perimeter limits of the covered area) past the traditional wall planes of the column line.

9.

Cellar. A story having an average of more than 90% of its height below grade.

10.

Changeable electronic variable message sign (CEVMS). Shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTDC) approved by the Federal Highway Administrator as the National Standard.

11.

Commercial use. Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.

12.

Court. An open unoccupied space other than a yard, on the same lot with a building and which is bounded on two or more sides by the building.

13.

Comprehensive plan. An official document adopted by the City setting forth a plan for the physical development of the community including studies of land use, traffic volume and flow, schools, parks, and other public buildings.

14.

Day care/child care centers. A place maintained or operated during any or all hours of the day, under public or private auspices, which cares for more than four children who are not members of the family or persons operating the facility.

15.

District. A section of the City of Snyder for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of the use are uniform.

16.

Dwelling. Any building or portions thereof which is designed and used exclusively for residential purposes.

17.

Dwelling, single-family. A building designed for or occupied exclusively by one family.

18.

Dwelling, multiple. A building designed for or occupied exclusively by more than two families.

19.

Dwelling, two-family. A building designed for or occupied exclusively by two families.

20.

Dwelling unit. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.

21.

Family. One or more persons, whether or not related by blood, marriage or adoption, occupying a dwelling unit and maintaining a common household.

22.

Filling station. Any building or premises used for the sale at retail of motor vehicle fuels, oil, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders or motor vehicles, or painting motor vehicles, and excluding commercial garages.

23.

Floor area. The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

24.

Frontage. All the property on one side of a street between two side lot lines measured along the line of the street.

25.

Garage, commercial. Any building or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term repairing shall not include a body repair shop nor the rebuilding, dismantling, or storage of wrecked or junk vehicles.

26.

Garage, private. A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.

27.

Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.

28.

Guest house. A temporary housing accommodation, being a secondary building, or part of the main building on a lot, that is not occupied for more than 30 continuous days at a time by the same person or persons and is intended to provide housing for transient guests. It is not to be rented, nor any charge made for occupation.

29.

Home occupation. Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than allowed in Section IV, that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling; no person is employed other than a member of the immediate family residing on the premises; no mechanical equipment is used except such as is permissible for domestic use; the area for the subordinate use does not exceed 35% of the total dwelling floor space and/or attached buildings; there is no exterior storage of equipment and/or supplies used in the home occupation.

30.

Hotel. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals where provisions are not made for cooking in any individual room or apartment, and there is no direct access to rooms from outside the building.

31.

Industry. The term "industry" as used in this Ordinance is restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses, and warehousing. It does not include retail and wholesale trades, institutional uses, agricultural uses, and other businesses that are primarily commercial in nature.

32.

Institutional. A building occupied by a nonprofit corporation or nonprofit establishment for public use.

33.

Loading space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

34.

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

35.

Lot, corner. A lot abutting upon two or more streets at their intersection.

36.

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

37.

Lot, double frontage. A lot having frontage on two streets, but not a corner lot.

38.

Lot, interior. A lot other than a corner lot.

39.

Lot of record. A lot which is part of a subdivision, the map or plat of which has been recorded in the Office of the Court Recorder of Scurry County, Texas; or a lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Scurry County, Texas, prior to the adoption of this Ordinance.

40.

Manufacturer. An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.

41.

Mobile home. A factory-built structure or structures, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.

42.

Modular unit. A factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be fixed on a permanent foundation.

43.

Motel, motor court, motor lodge or tourist court. Any building or group of buildings containing guest rooms or dwelling units, some or all which have separate entrances leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.

44.

Nonconforming use. Any building or land lawfully occupied by a use at the time of passage of this Ordinance or amendment thereto which does not conform after the passage of this Ordinance or amendment thereto with the use of regulations of the district in which it is situated.

45.

Nursing home. A home for the aged or infirm, in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care, for compensation but not including hospitals, clinics, or similar institutions.

46.

Off-premise sign. Shall mean any sign, commonly known as a billboard, that advertises a business, person, activity, goods, products, or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.

47.

On-premise sign. Shall mean any sign identifying or advertising the business, person, activity, goods, products or services sold or offered for sale on the premises where the sign is installed and maintained when such premises is used for business purposes.

48.

Outdoor advertising structure. Shall mean off-premises nonilluminated freestanding sign structures, and externally illuminated non-flashing, steady light intensity sign structures with a sign message face in compliance with the regulations of the City of Snyder Zoning Regulations or the Texas Administrative Code, Title 43, Part 1, Chapter 21, Subchapter I whichever is more restrictive.

49.

Parking space, off-street. An area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of an automobile.

50.

Plat. A map, plan, or layout of a city, township section or subdivision indicating the location and boundaries of individual properties.

51.

Pre-existing use. The use of a building or property that existed prior to the adoption of the first zoning ordinance. It may or may not be a nonconforming use.

52.

Premises. A lot, together with all buildings and structures thereon.

53.

Servant's quarters. A separate building located on the same lot with a one-family dwelling and specifically used as a living area for people employed as domestic servants.

54.

Sign. An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.

55.

Sign code application area. Shall mean the corporate limits of the City and the area of its extraterritorial jurisdiction (ETJ) as defined by Section 43.021 of the Local Government Code.

56.

Spot zoning. A parcel of land less than ten acres in area, zoned less restrictive than the zoning designation at it's boundary. Spot zoning, as determined by the Commission, shall not be allowed. "EXCEPTION" Where collector streets are within Residential Zones, light commercial or retail developments with less than five thousand square feet of store area shall be permitted to request a zone change to a C-1 Commercial Zone for any property adjacent to the collector street. This request is subject to SECTION XVIII AMENDMENTS On-street parking will be prohibited and shall follow the guidelines of Article 14 [Section XIV].

57.

Story. That portion of a building, other than a cellar, 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.

58.

Story, half. A story under a gable, hip, or gambrel roof. Two of the vertical outside walls of a half story shall not be more than one-half of the height of the story directly below it.

59.

Street. A public way which affords the principal means of access to abutting property.

60.

Street line. A dividing line between a lot, tract or parcel of land and a street right-of-way.

61.

Street segment. That portion of a residential street that is located between the intersections of two successive cross streets.

62.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

63.

Structural alterations. Any change, except those required by law or ordinance, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls, as permitted by other ordinances.

64.

Trailer or mobile home park. A lot, or plot of ground, under single title or ownership upon which two or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.

65.

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

66.

Vehicle resale area. An open area other than a street, alley, or a place used for the display and sale of previously owned vehicles and where minor repair work is done for sale purposes only.

67.

Vehicle salvage area. An open area other than a street, alley, or a place used for dismantling and disposal of previously owned vehicles and subsequent storage and resale of the vehicles as a whole or their parts.

68.

Yard. An open space on the same lot with a building, unoccupied with [and] unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Ordinance.

69.

Yard, front. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

70.

Yard, rear. A yard extending the full width of the lot between a main building and the rear lot line.

71.

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

(Ordinance 982 adopted 9/8/08; Ordinance 2060 adopted 11/6/17)