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Troy City Zoning Code

§ 20

DEFINITIONS.

20-100 
Certain words in this ordinance are defined as follows.
20-101 
Words in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the words “plot” or “tract”; the word “shall” is mandatory and not discretionary.
ACCESSORY BUILDING (DETACHED) -
In a residential district, a subordinate building detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, toolhouse, lath or greenhouse as a hobby (no business), home workshop, children’s playhouse, storage house or garden shelter, but not involving the conduct of a business or a guesthouse residence.
ACCESSORY USE -
A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.
ACRE -
A measure of land containing 43,560 square feet.
ADMINISTRATOR -
See City Secretary.
AIRPORT OR LANDING FIELD -
An area improved for the landing or take-off of aircraft approved by the city of Troy for operation as an aircraft landing facility.
ALCOHOLIC BEVERAGES, SALE OF BEER ONLY FOR ON-PREMISES CONSUMPTION - EQUAL TO OR EXCEEDING 75% OF GROSS REVENUE FROM ALCOHOL SALES.
This is the standard use listing which will solely allow the serving of beer for on-premises consumption where the gross revenue from on-premises sales of beer equals or exceeds 75% of gross revenues. Allowed by conditional use permit in Local Retail, General Business, and General Industrial districts.
ALCOHOLIC BEVERAGES, SALE OF BEER ONLY FOR ON-PREMISES CONSUMPTION - LESS THAN 75% GROSS REVENUE FROM ALCOHOL SALES.
This is the standard use listing which will solely allow the serving of beer for on-premises consumption where the gross revenue from the on-premises sales of beer is less than 75% of total gross revenue. Allowed as a permitted use in General Business and General Industrial districts, and by conditional use permit in Local Retail districts.
ALCOHOLIC BEVERAGES, SALE OF MIXED DRINKS FOR ON-PREMISES CONSUMPTION - EQUAL TO OR EXCEEDING 75% OF GROSS REVENUE FROM ALCOHOL SALES.
This is the standard use listing which will allow the serving of alcoholic beverages for on-premises consumption where the gross revenue from on-premises sales of alcohol beverages equals or exceeds 75% of gross revenues. Allowed by conditional use permit in districts.
ALCOHOLIC BEVERAGES, SALE OF MIXED DRINKS FOR ON-PREMISES CONSUMPTION - LESS THAN 75% GROSS REVENUE FROM ALCOHOL SALES.
This is the typical use listing which will allow the serving of alcoholic beverages for on-premises consumption where the gross revenue from the on-premises sales of alcoholic beverages is less than 75% of total gross revenue. Allowed by conditional use permit in Local Retail, General Business, and General Industrial districts.
ALCOHOLIC BEVERAGES, SALES FOR CONSUMPTION OFF-PREMISES [-]
This is the standard use listing for a convenience store or similar facility where the sale of beer for off-premises consumption is an allowed use according to zoning standards.
ALLEY -
A public space or thoroughfare which affords only secondary means of access to property abutting thereon.
AMORTIZATION -
A method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time.
AMUSEMENT, COMMERCIAL (INDOOR) -
An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to a bowling alley, billiard parlor or shooting range.
AMUSEMENT, COMMERCIAL (OUTDOOR) -
Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to a golf driving range, archery range and miniature golf course.
ANNEXATION -
The incorporation of land area into an existing municipality with a resulting change in the boundaries of that municipality.
ANTIQUE SHOP -
An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.
APARTMENT -
A room or suite of rooms in a multifamily dwelling or apartment house arranged, designed or occupied as a place of residence by a single-family, individual or group of individuals.
APARTMENT HOUSE -
Any building or portion thereof, which is designated, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.
APPLICANT -
A person submitting an application for development, land use, zone change, variance from these standards.
AREA OF THE LOT -
The area of the lot shall be the net area which does not include portions of streets or alleys.
ART GALLERY OR MUSEUM -
An institution for the collection, display and distribution of objects of art or science, and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
AUTO REPAIR, MAJOR VEHICLE REPAIR -
A business specializing in major repair of motor vehicles including any use listing below, as well as any use not listed as minor vehicle servicing.
a. 
auto glass, seat cover and muffler shop;
b. 
auto painting or body rebuilding shop;
c. 
tire retreading and capping;
d. 
body, fender, clutch, transmission, differential, axle, spring and frame repairs;
e. 
major overhauling of engines requiring removal therefrom of cylinder head or crankcase pan and any associated engine rebuilding;
f. 
repair of radiator requiring removal from the vehicle;
g. 
repair of truck, trailer, farm or industrial equipment, or other machinery/supplies;
h. 
brake work, other than minor maintenance such as disc pad replacement and minor brake adjustment.
AUTO REPAIR, MINOR VEHICLE SERVICING -
A business specializing in minor, routine, periodic, preventive maintenance of a motor vehicle conducted entirely within an enclosed building, including the following.[:]
a. 
servicing of spark plugs, batteries, distributors and distributor parts and including minor engine tune-ups;
b. 
tire servicing and flat repair but not recapping or regrooving;
c. 
radiator cleaning and flushing (on vehicle);
d. 
fuel pump, oil pump, and related maintenance;
e. 
minor servicing of carburetors;
f. 
emergency wiring repairs;
g. 
minor motor adjustment not involving removal of head or crankcase;
h. 
quick oil and filter change;
i. 
servicing hoses, fan belts, brake fluid, lightbulbs, fuses, floor mats, seat belts, windshield wipers, mirrors, and installation of vehicle accessories such as radios;
j. 
lubrication, greasing, and washing;
k. 
disc pad replacement and minor brake adjustment.
AUTO SALES FACILITY, NEW OR USED -
An open, dust-free, all weather surface other than a street, alley, or other public place, used for the display, wholesale or retail sale, repair, renovation and temporary storage, not to exceed ninety (90) days for repairs or renovation of new or used automobiles.
AUTO SALES, NEW OR USED (OUTDOOR LOT) -
An open, dust-free, all weather area, other than a street, alley or other public place, used for the display and sales of new or used automobiles. Where no repair work, except those actions normally associated with vehicle operator service, is done on the cars to be displayed and sold on the premises. A sales office is normally located on the premises and such shall be limited to an area less than 10% of the total sales lot.
BARBERSHOP OR BEAUTY SHOP -
A business of cutting or dressing hair, shaving or trimming beards, performing manicures, facials or other grooming services including the performing of other related services or the selling of related goods for human beings or animals.
BASEMENT -
A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.
BLOCK -
An area enclosed by streets and occupied by or intended for buildings; or if the same word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.
BOARDINGHOUSE/LODGINGHOUSE/ROOMINGHOUSE -
A building other than a hotel, where lodging and meals for four or more persons are served for compensation.
BUILDABLE LOT AREA -
The area that remains after subtracting the area required for the front, side and rear lot setbacks.
BUILDING -
Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. This term is synonymous with “structure.”
BUILDING ENDS -
Those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling. A building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.
BUILDING LINE -
A line parallel or approximately parallel to the street line at a specified distance therefrom creating the minimum distance from the street line that a building may be required.
BUSINESS REGISTRATION:
A simple procedure which takes place prior to initiating a business use wherein the following (3) needs are satisfied: identification of emergency contacts; address verification; and zoning use confirmation.
CELLAR -
A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
CEMETERY -
Land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY -
An official certificate issued by the City Secretary which indicates conformance with, or approved conditional waiver from, the zoning regulations and author sizes [authorizes] the use of the premises for which it is issued.
CHILD CARE CENTER, INTERMEDIATE FACILITY -
A facility (including nonresidential structures) which provides custodial care and supervision for less than 24 hours a day for between seven (7) and twelve (12) children, excluding foster and group homes. The facility must contain a minimum 150 square feet of floor area for each child.
CHILD CARE CENTER, LARGE FACILITY -
A facility where over twelve (12) children receive custodial care and supervision for less than 24 hours a day, excluding foster and group homes.
CHILD CARE CENTER, SMALL HOME-BASED FACILITY -
A private residence where the occupant provides custodial care and supervision during daylight hours for a maximum six (6) children at any one time. The maximum of six (6) children includes the family’s natural or adopted children under the age of fourteen (14). The residence must contain a minimum 150 square feet of floor area for each child. This use shall exclude a family/group home.
CHURCH OR RECTORY -
A place of worship and religious training of recognized religions including on-site housing of ministers, rabbis, priests, nuns and similar staff personnel.
CITY COUNCIL -
The governing body of the City of Troy.
CITY SECRETARY -
Chief Administrative Officer of the City of Troy; That individual responsible for issuing building permits and enforcing provisions of the building codes adopted by the city, as well as enforcing the zoning ordinance.
CLEANING OR LAUNDRY SELF-SERVICE SHOP -
To be of the customer self-service type and not a commercial laundry or cleaning plant.
CLEANING SHOP OR LAUNDRY (SMALL SHOP) -
A custom cleaning shop not exceeding two thousand five hundred (2,500) square feet of floor area.
CLINIC -
A group of offices for one or more physicians, surgeons or dentists to treat sick or injured outpatients who do not remain overnight.
CLOTHING MANUFACTURE AND LIGHT COMPOUNDING OR FABRICATION -
Including, but not limited to cutting, sewing and forming garments, millinery and accessories and the making of jewelry, compounding of perfume, small instruments or pharmaceuticals, when no noise, dust, vibration, odor or other undesirable or obnoxious condition is created to affect adjacent property.
COLLEGE OR UNIVERSITY -
An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study.
COMMON AREA -
Privately owned land and improvements within a townhouse, planned development, or community unit development including buildings, common open space, central services and utilities, streets, walks, parking areas, fencing and screening walls, landscaping, and any other elements and facilities under common ownership and available for the use of all owners or tenants.
COMMON OPEN SPACE -
That portion of the common area which is designated for outdoor recreation area, private park, play lot, plaza, athletic court, swimming pool, fountain, stream or pond, ornamental landscaping or natural vegetation offering visual amenity, and which is open to general view and conveniently accessible to pedestrians within the project.
COMMUNITY CENTER (PUBLIC) -
A building and grounds owned or leased and operated by a governmental body for the social, recreational, health or welfare of the community served.
COMMUNITY UNIT DEVELOPMENT -
An area of three (3) acres or more of unsubdivided land or the frontage on one side of a street between two intersecting streets planned as a single integral residential development which may contain variable types of housing with yard setbacks and open space standards differing from the district in which it is located, but which observes the overall density standards set forth in such district. Where the overall density standards are proposed to vary from those of the district in which the community unit development is located, the development should be processed as a planned development district.
COMPREHENSIVE (MASTER) PLAN -
The comprehensive plan of the city and adjoining areas adopted by the city council, including all its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements, to include detailed plans for water, sewer, etc.
CONDITIONAL USE -
A use permitted in a particular zoning district only upon showing that such use in a specified location will be compatible and can comply with all the conditions and standards for the location or operation of such a use as specified in the zoning ordinance.
CONDOMINIUM STRUCTURE -
A building or group of buildings in which dwelling units are owned individually, while the structure and common areas and facilities are owned by all the owners on a proportional, individual basis.
CONSUMER FIREWORKS -
means those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U. S. Consumer Products Safety Commission, as set forth in 16 C.F.R. parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation UN 49 C.F.R. 172.101.
CONVALESCENT HOME -
Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.
COUNTRY CLUB (PRIVATE) -
An area of twenty (20) acres or more containing a golf course and a clubhouse and available only to private specific membership, such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
COURT -
An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other open space.
COVERAGE -
The percent of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of three (3) feet from the walls of a building shall be excluded from the coverage computations.
CUSTOM PERSONAL SERVICE -
Tailor, dressmaker, shoe shop or similar shop offering custom service.
DANCE HALL OR NIGHTCLUB -
An establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the City of Troy.
DAY CAMP -
A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.
DISTRICT -
A section of the City of Troy for which the zoning regulations governing the area, height, or use of the land and buildings are uniform.
DWELLING, MULTIPLE-FAMILY -
Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families.
DWELLING, ONE-FAMILY -
A detached building having accommodations for and occupied by not more than one family.
DWELLING, TWO-FAMILY -
A detached building designed and constructed with two (2) separate living units under a single roof for occupancy by two families.
DWELLING UNIT -
A building or portion of a building that is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.
DWELLING UNIT, TRIPLEX -
A detached building designed and constructed with three (3) separate living units under a single roof for occupancy by three families.
EXCLUSIVE USE DISTRICT -
A zoning district that allows only one use, or a limited range of uses, within the specified zoning district.
FAMILY -
Any number of individuals living together as a single housekeeping unit, in which not more than three (3) individuals are unrelated by blood, marriage, adoption, or guardianship and occupying a dwelling unit.
FAMILY/GROUP HOME -
A dwelling unit used as a single housekeeping unit where not more than six (6) physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation provided by not more than two persons. “Family Home” means a community-based residential home operated in accordance with the Community Homes for Disabled Persons Location Act and its amendments.
FARM ACCESSORY BUILDING -
A structure, other than a dwelling, on a farm as herein defined, for the housing protection or storage of the usual farm equipment, animals and crops.
FARM, RANCH, GARDEN OR ORCHARD -
An area of three (3) acres or more which is used for the primary purpose of growing of usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.
FIREWORKS STAND -
means any retail or wholesale establishment that possesses or sells consumer fireworks.
FLOOD PLANE [FLOODPLAIN] -
Any land area susceptible to being inundated by water from any source. See Flood Damage Prevention Ordinance, Section 7-600.
FOOD AND BEVERAGE SALES STORE -
A retail establishment of greater than 2,500 square feet of total floor area, selling a variety of consumables, notions and/or similar items, usually serving a significant market area. The sale of beer for off-premises consumption is allowed, if not otherwise prohibited.
FOOD AND BEVERAGE SALES STORE (CONVENIENCE) -
A retail establishment of less than 2,500 square feet of total floor area selling a variety of consumables, notions and/or similar items, usually serving as a convenient outlet to a neighborhood. This activity can include the retail sale and self-service dispensing of gasoline or other fuels. Where the retail sale and self-service dispensing of gasoline or other fuels is carried out, this activity shall be limited to general retail or less restrictive zoning. The sale of beer for off-premises consumption is allowed, if not otherwise prohibited.
FLOOR AREA -
The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages.
FLOOR AREA RATIO (FAR) -
The ratio of the total square feet of floor area in a structure to the total square feet of land in the lot or tract on which the structure is located.
GASOLINE STATION, FULL SERVICE -
A place where gasoline, other fuels, oil and grease and/or accessories are sold and dispensed to the retail motor vehicle trade, and where one or more of the following activities are conducted: motor vehicles are serviced and repaired; stored batteries are recharged and cared for; or vehicle tires are stored, serviced or exchanged.
GASOLINE STATIONS, SELF SERVICE -
A place where the services provided are limited to the retail sale, either self-service or attendant dispensed, of gasoline, other fuels and petroleum products for the motor vehicle trade.
GOLF COURSE (COMMERCIAL) -
A golf course privately owned but open to the public for a fee and operated as a commercial venture.
HALFWAY HOUSE -
A dwelling unit used as a single housekeeping unit for not more than six (6) persons who have demonstrated a tendency towards alcoholism, drug abuse, antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons.
HEIGHT -
The vertical distance of a building measured from the average established grade at the street line or from the average natural front-yard ground level, whichever is higher, to (1) the highest point of the roofs surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front-yard grade shall be used for a base level.
HELIPORT -
A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft and subject to approval by the city of Troy.
HELISTOP -
A landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds and not for regularly scheduled stops and subject to approval by the City of Troy.
HOME FOR AGED RESIDENCE -
A home where elderly people are provided with lodging and meals without nursing care.
HOME OCCUPATION -
A home occupation is an occupation carried on in the home by a member of the occupant’s family, secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof, without the employment of additional persons, without the use of a sign to advertise the occupation, without offering any commodity for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as emission of odor, increased traffic, or generation of light or smoke and where the use is carried on in the main structure only. A home occupation shall specifically exclude the operation of a repair garage, beauty shop, or barbershop. A child care center - small home-based facility - is allowed only if the conditions for this use can be satisfied on the property.
HOMEOWNERS OR UNIT OWNERS ASSOCIATION -
Any association or organization of co-owners within a townhouse project; including the Council of Co-Owners or a Condominium or Townhouse Management Association; organized for the primary purpose of managing and maintaining the common areas and common open space in any townhouse project. An organization, association, or other entity formed and controlled by the developer, project owner or general partner for this purpose will be included in this definition.
HOSPITAL (ACUTE CARE) -
An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.
HOSPITAL (CHRONIC CARE) -
An institution where those persons suffering from illness, injury, deformity or deficiency of age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.
HOTEL OR MOTEL -
A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture.
INCINERATOR -
A furnace or apparatus for burning waste materials such as trash, wood and other flammable items for the purpose of reducing their weight and bulk.
INSTITUTION FOR THE CARE OF ALCOHOLIC OR NARCOTIC PATIENTS -
An institution offering resident or outpatient treatment to alcoholic or narcotic patients.
KENNEL -
A place in which five (5) or more dogs or cats at least six (6) months of age are kept, boarded or trained, by the owners of the dogs or cats or by persons providing facilities and care, with or without compensation.
KINDERGARTEN OR PRESCHOOL -
A private instructional facility offering an educational program generally equivalent to state approved curriculum for preschool children and operating on a regular basis. A preschool/kindergarten is not a child care facility.
LEGAL HEIGHT -
The maximum height of a building permitted by any zoning standard, including airport zoning regulations, or other ordinances restricting the height of structures.
LIVESTOCK AUCTION -
Barns, pens and sheds for the temporary holding and sale of livestock.
LIVING UNIT -
The room or rooms occupied by a family and must include cooking facilities.
LOADING SPACE (ZONE) -
An off-street space or berth used for the loading or unloading of commercial or industrial vehicles.
LOCAL UTILITY LINE -
The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service including pad and pole mounted transformers.
LODGINGHOUSE/BOARDINGHOUSE/ROOMINGHOUSE -
See Boardinghouse.
LOT -
Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance and having its principal frontage upon a public street or officially approved place.
LOT COVERAGE -
The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot or the area determined as the maximum cross-sectional area of a building.
LOT DEPTH -
The mean distance between the front and rear lot lines. (See Appendix Illustration 2)
LOT LINES -
The lines bounding a lot as defined herein.
LOT OF RECORD -
A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Bell County or a parcel of land, the deed for which it is recorded in the office of the County Clerk of Bell County prior to the adoption of this ordinance.
LOT WIDTH -
The width of a lot at the front building line. (See Appendix Illustration 1)
MAIN BUILDING -
The building or buildings on a lot which are occupied by the primary use.
MANUFACTURED HOME SUBDIVISION -
A tract of land containing a minimum of five (5) acres, which has been designed, platted and approved and is intended for the placement of individually owned manufactured home units on platted lots which can be purchased outright by the owners of the manufactured home units.
MANUFACTURED HOUSING COMMUNITY -
A tract of land containing a minimum five (5) acres which is designed, improved or intended to be used or rented for occupancy by manufactured homes in designated spaces in conformance with Chapter 3, Article 3.11 Manufactured Homes.
MINI-STORAGE WAREHOUSE -
A building or group of buildings consisting of individualized shelters of various sizes for rent or lease for the purpose of providing protection of commodities stored therein. The size of each individual storage unit of a mini-storage warehouse shall be limited to 2,000 cubic feet.
MOBILE HOME -
A movable or portable dwelling larger than eight (8') feet in width and thirty-two (32') feet in length constructed to be towed on its own integral chassis, connectable to utilities and/or designed to be made immobile with or without a permanent foundation for yearround living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit. A HUD code manufactured home represents the equivalent of a mobile home, but a modular home or industrialized housing shall not be considered to be a mobile home.
MODULAR HOME (INDUSTRIALIZED HOUSING) -
Modular home means a structure or building module as defined, under the jurisdiction and control of the Texas Department of Labor and Standards, and that is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Standards Act (Article 5221f V.T.C.S.); nor does it include building modules incorporating concrete or masonry as the primary structural element. See Use Table 7-102 for locations where this use is allowed.
MULTIPLE-FAMILY DWELLING (APARTMENT) -
Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.
NONCONFORMING LOT -
A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING STRUCTURE OR BUILDING -
A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NONCONFORMING USE -
A use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
OCCUPANCY -
The use or intended use of the land or buildings by proprietors or tenants.
OFF-STREET PARKING AS EXPANSION OF RETAIL OR COMMERCIAL USE -
An off-street parking lot located in a residential district immediately adjacent to a retail or General Business district and granted by conditional use permit.
OFF-STREET PARKING INCIDENTAL TO MAIN USE -
Off-street parking spaces provided in accordance with the requirements specified by this ordinance and located on the lot or tract occupied by the main use or within one hundred fifty (150') feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.
OPEN SPACE -
Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches, and plant material.
OPEN/OUTDOOR STORAGE -
The keeping, in an unroofed area of any goods, junk, material, merchandise, in the same place for more than twenty-four (24) hours.
PARK OR PLAYGROUND (PUBLIC) -
An open recreation facility or park owned and operated by a public agency such as the city of Troy or school board and available to the general public for neighborhood use, but not involving lighted athletic fields for nighttime play.
PARKING LOT OR STRUCTURE, COMMERCIAL (AUTO) -
An area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.
PARKING SPACE -
An enclosed or unenclosed all-weather (asphalt or concrete only) surfaced area for the parking of a motor vehicle. A typical ninety (90) degree parking space shall measure 9' x 18' and shall not be on a public street or in an alley and shall also include an all-weather (asphalt or concrete only) surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress to the street or alley. Any parking space adjacent to a public street, wherein the parking maneuvers must be done on the public street, shall not be classified as off-street parking in satisfying the parking area requirements specified in this ordinance, except that this provision shall not apply to the following zones: A, UE, SF-1, SF-2, SF-3, and MH.
PERFORMANCE STANDARD -
A set of criteria or limits relating to nuisance elements that a particular use or process may not exceed.
PLANNED NEIGHBORHOOD DEVELOPMENT -
An area of two hundred (200) acres to eight hundred (800) acres established as a planned development district in which the number of dwelling units, types of housing, open space, park, school, public and semipublic areas and service areas are established as a basic framework for development.
PLAYFIELD OR STADIUM (PUBLIC) -
An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.
PRIVATE GARAGE -
An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.
PROCESSING -
The method or action to enhance recyclable materials for reuse, including, but not limited to, separating, baling, flattening, shredding, crushing, cleaning, or cutting for the purpose of preparing recyclable materials for reuse, excluding a smelter operation.
PUBLIC BUILDING, SHOP OR YARD OF LOCAL, STATE OR FEDERAL GOVERNMENT -
Facilities such as office buildings, maintenance yards and shops required by branches of local, state or federal government for service to an area such as highway department yard, city service center or experiment station.
RADIO, TELEVISION OR MICROWAVE TOWER -
Structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.
RAILROAD TEAM TRACK -
A siding for spotting and unloading or loading boxcars or other railroad cars and which area is connected to a public street by a drive for access.
RAILROAD TRACK AND RIGHT-OF-WAY -
Does not include railroad stations, siding, team tracks, loading facilities, docks, yards or maintenance areas.
RECREATIONAL VEHICLE (RV) PARK -
a. 
ACCESSORY STRUCTURE -
Any structural improvement and/or accessory building to a recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds and similar appurtenant structures.
b. 
BIODEGRADABLE -
Means capable of being decomposed by biological agents, especially bacteria.
c. 
BUILDING OFFICIAL -
The official of the city responsible for permitting and inspections of building, mechanical, electrical and plumbing associated with a property.
d. 
MAJORITY OWNERSHIP -
A firm or entity, person or developer who controls at least fifty-one (51) percent of ownership.
e. 
LICENSEE OR AGENT -
A person who may or may not own the RV park but is the person responsible for the day-to-day management and operations including the records and license of the RV park.
f. 
OPAQUE FENCE -
A fence made of solid masonry, wood or vinyl materials designed to shield the RV park from public view.
g. 
RECREATIONAL VEHICLE -
A vehicular, portable structure designed to be transported over the highways and containing living or sleeping accommodations. Such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes and not exceeding eight (8) feet in width and forty (40) feet in length, less side pull outs.
h. 
RECREATIONAL VEHICLE PARK OR RV PARK -
Any lot, tract or parcel of land upon which accommodation is provided for two (2) 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 community facilities and permitted permanent buildings.
i. 
RECREATIONAL VEHICLE SITE OR RV SITE -
That part of a lot or area in a recreational vehicle park or RV park that has been reserved for the placement of one (1) recreational vehicle or RV.
j. 
SAMPLE WELL SITE -
The connection at the property line where the customer’s line and city line connect, shall be installed a vertical riser of four (4) inches in circumference, shall extend four (4) to six (6) inches above grade for the detection of non-biodegradable materials.
RECYCLABLE MATERIALS -
Materials including, but not limited to, scrap steel, aluminum cans, appliances, paper, batteries, glass bottles, motor vehicles, motor vehicle parts, and machinery that have no economic value except as composition material.
RECYCLING COLLECTION LOCATION -
A location where glass, paper, plastics and/or aluminum cans only are deposited in containers, with no processing on site, and usually occurring as an accessory use on the property.
RECYCLING OPERATION -
Any lot, tract, building or structure used for the collection, buying, storage, or processing of recyclable materials in bulk form, which are then processed into other recyclable materials for the purpose of reuse and manufacture, excluding a smelter operation.
RECYCLING OPERATION INSIDE A BUILDING -
A recycling operation which is fully enclosed within permanent walls and roof of a building or, if windows and doors are present, which is capable of enclosure to insure compliance with the required performance standards in the LI and HI districts as appropriate. The outside storage of recyclable materials in conjunction with the recycling operation inside a building is prohibited in LI districts unless allowed as a condition of a conditional use permit. A dust collection system, if utilized in a LI district, may be located outside the main building if authorized by the conditional use permit.
RECYCLING OPERATION OUTSIDE A BUILDING -
A recycling operation which occurs in the open, without the capability of enclosure inside a building.
RESIDENTIAL DISTRICTS/ZONES -
Single-Family Dwelling District-1 (SF-1), Single-Family Dwelling District-2 (SF-2), Single-Family Dwelling District-3 (SF-3), Manufactured Home District (MH), Multiple-Family Dwelling District-1 (MF-1), and Multiple-Family Dwelling District-2 (MF-2)[.]
RESIDENTIAL LANE -
A residential lane is a street that is a minor public thoroughfare which by its design discourages through traffic and which may afford the only public vehicular access to lots abutting thereon, which lots shall be restricted to residential use as set forth herein, for the single-family dwelling attached-3 district. A residential lane shall have the minimum widths, pavement widths, public utility easement requirements and other requirements as set forth in Section 25-6(a)(7) [sic] and other applicable sections of this chapter [ordinance].
RESTAURANT OR CAFETERIA (NOT OF DRIVE-IN TYPE) -
An establishment serving food to the general public in specific, designated dining areas and shall not include drive-in establishments where food is delivered to or eaten in automobiles.
RESTAURANT OR EATING ESTABLISHMENT (DRIVE-IN SERVICE) -
An establishment designed and constructed to serve food for consumption on the premises in an automobile or for carry-out for off-premises consumption and which establishment may or may not have on-premises dining room or counter.
RETAIL SHOP, APPAREL, GIFT, ACCESSORY AND SIMILAR ITEMS -
Small retail shops such as dress shops or gift shops serving specific neighborhood areas, as differentiated from department stores or discount stores having community-wide service importance.
ROOMINGHOUSE/BOARDINGHOUSE/LODGINGHOUSE -
See Boardinghouse.
SCHOOL, BUSINESS -
A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.
SCHOOL, COMMERCIAL TRADE -
A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades.
SCHOOL, PUBLIC OR DENOMINATIONAL -
A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.
SEXUALLY ORIENTED BUSINESSES -
See separate Ordinance Number 2004, dated January 3, 1995 for definitions and development standards pertaining to sexually oriented businesses.
SIGNS -
See Section 12.
SINGLE-FAMILY DWELLING -
A dwelling designed and constructed as a freestanding structure for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.
SITE PLAN -
The development plan for one or more lots showing the existing and proposed conditions of the lot including, for example, curb cuts, utilities, landscaping, structures and signs, screening devices, lot dimensions, adjacent development, and any other information reasonably required in order to make an informed judgment about the compatibility of the proposal.
STABLE (PRIVATE) -
An accessory building for quartering horses when the stable building is set back from all adjacent property lines at least fifty (50') feet, is at least one hundred (100') feet from any adjacent residence and when the site contains minimum area of one (1) acre.
STORY -
The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven (11') feet, six (6") inches.
STREET -
Any vehicular-way which: 1) is an existing state, county, or municipal roadway; or 2) is shown upon a plat approved pursuant to law; or 3) is approved by other official action; or 4) is shown upon a plat duly filed and recorded in the County Courthouse and includes the land between the street right-of-way lines whether improved or unimproved. A street provides a primary means of access to abutting property.
a. 
STREET, ARTERIAL:
A major street in the city street system that primarily provides vehicular circulation to various sections of the city and carries high volume. See Thoroughfare Plan.
b. 
STREET, COLLECTOR:
A street which primarily provides circulation within neighborhoods, to carry traffic from local streets to arterial or major thoroughfare streets, or to carry traffic through or adjacent to commercial or industrial areas. See Thoroughfare Plan.
c. 
STREET, CUL-DE-SAC:
A local street with only one street outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
d. 
STREET, LOCAL:
A street designed primarily for access to abutting residential property. A local street does not include roadways that carry through traffic, but will generally be intersected frequently by collector streets.
e. 
STREET, RESIDENTIAL LANE:
A street which, by its design, discourages through traffic and which may afford the only vehicular access to lots abutting thereon, which lots shall be restricted to residential use as set forth for only certain zoning districts in the zoning ordinance and its amending ordinances.
STREET LINE -
A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line.
STRUCTURAL ALTERATIONS -
Any change in the supporting member of a building, such as a bearing wall, column, beam or girder.
STRUCTURE -
(Same as Building)
SWIMMING POOL (COMMERCIAL) -
A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.
SWIMMING POOL, (PRIVATE) -
A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located and fenced in accordance with the regulations of the City of Troy. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.
TELEPHONE EXCHANGE -
Switching relay and transmitting equipment, but not including public business facilities, storage or repair facilities.
TEMPORARY FIELD OR CONSTRUCTION OFFICE -
A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.
THOROUGHFARE PLAN/MAJOR STREET PLAN -
A general graphic presentation, accompanied by written text, describing the proposed arrangement of various classes of streets in the city at some future date. A thoroughfare plan is a component of the City’s adopted Comprehensive Plan.
TOWNHOUSE -
A structure on an individual lot, which is one of a series of three (3) or more dwelling units designed for single-family occupancy, which dwelling units are structurally connected or immediately adjacent to and abutting each other between individual dwelling units. A condominium apartment (as defined in V.T.C.A., Property Code, Section 81) in a condominium structure may be considered a townhouse if no other dwelling unit or use of any kind exists immediately above or below it. Any project including three or more such condominiums or townhouses shall be considered a “Townhouse Project.”
UPHOLSTERY SHOP -
A business establishment engaged in the installation of soft covering material such as fabric and underlayment for furniture and other objects. Except however, with respect to motor vehicles, it shall only include interior upholstering. In no event shall an upholstery shop include the manufacture or building of furniture or other objects.
USE OR LAND USE -
The activity or function that actually takes place or is intended to take place on a lot.
USE PERMITTED BY RIGHT -
A use which the zoning ordinance designates as a permitted use within a particular district and under certain conditions.
UTILITIES OTHER THAN LISTED -
Any utility requiring a franchise, such as close circuit television, distribution of steam, hot or chilled water or similar service requiring the use of public streets or easements.
VARIANCE -
An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.
WRECKING YARD -
Any lot, tract, or building or structure upon which used automobiles or parts of used automobiles or other motor vehicles are stored for the primary purpose of obtaining parts for resale as an automotive or motor vehicle part.
YARD -
An open space other than a court, on the lot in which a building is situated and which is not obstructed from a point forty (40) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.
YARD, FRONT -
An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located. (See Appendix Illustration 3).
YARD, REAR -
An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated. (See Appendix Illustration 3).
YARD, SIDE -
An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line, not the rear line or a front line, shall be deemed a side yard. (See Appendix Illustrations 3 and 4)
ZONING -
The division of a municipality into districts in an effort to achieve compatible land use relationships, and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings in order to achieve that compatibility.
ZONING MAP -
The official map showing the division of the city into districts which is a part of the zoning ordinance.
ZONING, SPOT -
Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.
ZONING, STRIP -
Typically commercial and/or retail zoning proposed to accommodate commercial or retail development, fronting a portion of a major street, usually one store deep.
ZOO (PRIVATE) -
A facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.
ZOO (PUBLIC) -
A publicly owned zoo or similar facility owned and operated by the city or nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.
(Ordinance 04092012-2 adopted 4/9/12; Ordinance 2020-07-1 adopted 7/13/20; Ordinance 2015-01-1, sec. 2.0, adopted 1/12/15)