(a)

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter.

(b)

Words used in the present tense shall include the future tense; words in the singular number include the plural; and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise.

(c)

The words shall, must, and will are mandatory in nature, establishing an obligation or duty to comply with the particular provision.

(d)

For any term or use not defined herein, the latest edition of Webster's Dictionary shall be used.

(e)

The Director of Planning, or other administrative official as designated by the City Manager, has the final authority to determine the interpretation or usage of terms used in this Ordinance. Appeals of the administrator's decisions shall follow Section 2.03.

(f)

Definitions.

1)

Accessory Building (Multi-Family or Nonresidential) - A detached structure that is clearly incidental and subordinate to the main building or use and that is lesser in height than the main building, conforms to the minimum exterior construction standards for the main building, and is architecturally compatible in design to the principal structure.

2)

Accessory Building (Residential) Less Than seven hundred (700) Square Feet - A detached structure that is clearly incidental and subordinate to the main building or use and that is lesser in height than the main building. Accessory buildings include garages, storage sheds, gazebos, cabanas, storm shelters, and similar structures. An accessory building may be used for hobbies insofar as such activities are an accessory use only and are not offensive by reason of odor, noise, or manner of operation. Residential accessory buildings cannot be used for commercial or business purposes. If the structure exceeds five hundred (500) square feet in floor area, then the accessory building shall conform to the minimum exterior construction standards for the main building.

3)

Accessory Building (Residential) Greater Than or Equal to seven hundred (700) Square Feet - The same definition as Accessory Building (Residential) Less than seven hundred (700) square feet, except the size equals or exceeds seven hundred (700) square feet in floor area.

4)

Accessory Building Used as a Dwelling Unit - A detached structure that is clearly incidental and subordinate to the main building or use, is lesser in height than the main building, and is used for human habitation. If the structure exceeds five hundred (500) square feet in floor area, then the accessory building shall conform to the minimum exterior construction standards for the main building. If the structure exceeds seven hundred (700) square feet in floor area, then a Specific Use Permit (SUP) is required for approval. This shall include the floor area of all accessory dwelling unit and attached garage equaling seven hundred (700) square feet or larger.

5)

Accessory Use - A use customarily incidental, appropriately compatible, and subordinate to the principal use of land or building(s) and located upon the same lot therewith.

6)

Adult Daycare Facility - A facility with a current license from the Texas Department of Aging and Disability Services that provides services under an adult daycare program on a daily or regular basis, but not overnight to four (4) or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.

7)

Airport - A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, or various accommodations for passengers.

8)

Alley - 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.

9)

Alternative Financial Services - A payday advance/loan business or a motor vehicle title loan business. This does not include state or federally chartered banks, community development financial institutions, savings and loans, credit unions, or regulated lenders licensed in accordance with Chapter 342 of the Texas Finance Code, unless that regulated lender also offers services as a credit service organization or a credit access business under Chapter 393 of the Texas Finance Code.

10)

Ambulance Service - A facility for the dispatch, indoor storage, and provisioning of emergency medical care vehicles.

11)

Amusement, Indoor - An 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, gun range, health club, arcade, or billiard parlor.

12)

Amusement, Outdoor - An 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 drive-in theater, merry-go-round, golf driving range, archery range, and miniature golf course.

13)

Animal Hospital or Kennel, Indoor Pens - An establishment with indoor pens in which more than two (2) domesticated animals are examined, medically treated, housed, groomed, bred, boarded, trained, or sold for commercial purposes.

14)

Animal Hospital or Kennel, Outdoor Pens - An establishment with outdoor pens in which more than two (2) domesticated animals are examined, medically treated, housed, groomed, bred, boarded, trained, or sold for commercial purposes.

15)

Animal Pound - A facility owned, operated, or maintained by a public body or non-profit organization used to house or contain stray, homeless, abandoned, or unwanted animals that are subject to impoundment in accordance with this Ordinance, the City Code, or State law.

16)

Animal Production Facility - A facility for the slaughtering or processing of animals, which may include the refining of their byproducts.

17)

Antenna Support Structure - An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennas or microwave reflectors.

18)

Antenna, Non-Commercial - An antenna or antenna support structure used for the purpose of transmission, retransmission, or reception of radio, television, electromagnetic, or microwave signals for private or personal amateur use and not for the purpose of operating a business or for financial gain. A satellite dish antenna not exceeding six (6) feet in diameter shall also be considered as a non-commercial antenna.

19)

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

20)

Appliance, Major - Non-portable equipment used for domestic functions, including but not limited to washers, dryers, refrigerators, freezers, and stoves.

21)

Appliance Rental, Service or Repair - A retail establishment engaged in the rental, service or repair of small or major appliances. The maintenance and rehabilitation of appliances customarily used in the home. This definition includes, but is not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, and hair dryers.

22)

Appliance, Small - A portable device or instrument used for domestic functions, including but not limited to vacuum cleaners, televisions, toasters, hairdryers, mixers, fans, radios, and food processors.

23)

Art Gallery or Museum - An institution or facility for the collection, display, and distribution of objects of art or science that is open to the public.

24)

Auto Leasing and Rental - Rental of automobiles, motorcycles, vans, light trucks, or other light load vehicles, including incidental parking and provisioning of vehicles for rent or lease.

25)

Auto Parking Lot, Commercial - An area, structure, or parking garage designed for the parking of motor vehicles.

26)

Auto Parking Lot, Trucks and Trailers - An area or structure designed for the parking of Heavy Load Vehicles.

27)

Auto Parts and Accessory Sales - The use of any building or other premises for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreation vehicles.

28)

Auto Racing or Go-Cart Track - A facility consisting of a paved, dirt, or gravel raceway used primarily for the sport of motorized vehicle racing or for recreation. The track may include associated seating, concession areas, suites, and parking facilities.

29)

Auto Repair, Major - General repair or reconditioning of engines, air-conditioning systems, or transmissions for motorcycles, motor vehicles; wrecker service; collision services, including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rustproofing; those uses listed under Auto Repair, Minor; and other similar auto related uses.

30)

Auto Repair, Minor or Automotive Care Center - Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for motorcycles or motor vehicles except Heavy Load Vehicles, but not including any operation named under Auto Repair, Major or any other similar use. No retail fuel sales occur on-site. Vehicles which are inoperative or are being repaired may not remain parked outside for a period greater than forty-eight (48) hours.

31)

Auto Sales, New - Retail sales of new Automobiles or Light Load Vehicles. This definition may include, as a minor part of the business, the sale of used Automobiles or Light Load Vehicles.

32)

Auto Sales, Used - Retail sales or the offering for sale of used Automobiles or Light Load Vehicles. Outdoor display or storage may be permissible in accordance with the respective definitions and Use Regulations for Outside Display and Outside Storage.

33)

Auto Storage or Auto Auction - The storage or impoundment of operable automobiles on a lot or tract for the purpose of holding such vehicles for sale or distribution. The subject lot or tract must be paved in accordance with the City's parking lot paving requirement.

34)

Auto Wrecking Yard - Any lot or tract upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.

35)

Automobile or Auto - A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people.

36)

Awning - A structure hung from the surface of a building, designed to provide protection from sun, rain, wind and other climatological conditions or to provide decoration to the building façade. An awning is typically composed of canvas, fabric, or other similar lightweight material supported and shaped by a metal or wood frame. An awning shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

37)

Bail Bond Agency - An establishment in which a bail bond surety provides bond services as regulated and licensed under the Texas Occupations Code.

38)

Bakery, Commercial - A manufacturing facility for the production and distribution of baked goods and confectioneries to retail outlets.

39)

Bakery, Retail - An establishment primarily engaged in the retail sale of baked products for off-site consumption. The products may be prepared either on- or off-site.

40)

Bank or Credit Union - An establishment for the custody, loan, exchange, or issue of money, the extension of credit, or facilitating the transmission of funds.

41)

Batch Plant - A facility engaged in the manufacture, sorting, grading, mixing, or storage of concrete, cement, hydrated lime, or a combination of these or similar products, including any apparatus incidental to such activities. The facility may be used permanently or on a temporary basis in accordance with Section 38.1.

42)

Basement or Cellar - A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (½) 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.

43)

Bed and Breakfast Inn - Any dwelling occupied as a permanent residence by an owner or renter that provides sleeping and lodging accommodations and serves or offers breakfast for guests in return for compensation at a daily or weekly rate. Guest accommodations are limited to five (5) or fewer total rooms, as contained within the dwelling or on-site Accessory Building Used as a Dwelling Unit.

44)

Block - A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

45)

Blockface - One side of a street between two consecutive features intersecting that street.

46)

Boarding House or Home - Per Chapter 260 of the Health and Safety Code, an establishment that furnishes, in one or more buildings, lodging to three (3) or more persons with disabilities or elderly persons who are unrelated to the owner of the establishment by blood or marriage and provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication, but does not provide personal care services..

47)

Boat Sales - A retail sales and service use in which marine goods are rented or sold primarily for use on various watercraft. Examples of goods sold include boats, personal watercraft, navigational instruments, marine hardware and paints, nautical publications, nautical clothing, or marine engines.

48)

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

49)

Building Height - 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 to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.

50)

Building Line - A line parallel, or approximately parallel, to any property line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected (See Article IX).

51)

Building, Main or Primary - A building in which the principal use of the property on which it is situated is conducted. In a residential district, any dwelling shall be deemed to be a main building on the property on which it is situated.

52)

Building Materials and Hardware Sales, Indoor - Materials, tools, and hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a home improvement center.

53)

Building Materials and Hardware Sales, Outdoor - Materials, tools, and hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales outside the main building.

54)

Building Official - The inspector or administrative official charged with responsibility for oversight, enforcement, and interpretation of the Building Code.

55)

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

56)

Cabinet or Upholstery Shop - A furniture fabrication facility used to create cabinets or upholster other furniture.

57)

Canopy - A roof-like structure which is supported by the building to which it is attached, and which is generally open on two or more sides. A canopy shall have a minimum clearance of eight (8) feet above any sidewalk/pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

58)

Car Wash - A facility used to wash motorcycles, automobiles, or other Light Load Vehicles.

59)

Caretaker's or Guard's Residence - A dwelling located on a premises and occupied only by a caretaker or guard employed on the premises.

60)

Carport - A structure open on a minimum of two sides designed or used to shelter not more than three vehicles and not to exceed twenty-four feet on its longest dimension.

61)

Cemetery or Mausoleum - Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematoria, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

62)

Cemetery, Animal - Same as Cemetery or Mausoleum, except limited to the burial of dead animals.

63)

Certificate of Occupancy (CO) - An official certificate issued by the City through the Building Official that indicates a building, structure, or use has been constructed or will be used in conformance with the zoning ordinance, building codes, and all other applicable municipal codes; may be referred to as an Occupancy Permit.

64)

Chemical Plant - An industrial plant that processes chemicals, usually on a large scale, to create new materials via the chemical or biological transformation and or separation of materials.

65)

Child Advocacy Center - An establishment that provides charitable, benevolent, and educational services to abused children and their families between the hours of 8:00 a.m. until 5:00 p.m.

66)

Child Daycare Center - A commercial institution or place of business designed for the care or training of six (6) or more unrelated children under fourteen (14) years of age for less than twenty-four (24) hours a day.

67)

Church, Rectory, or Temple - A facility or area for people to gather together for public worship, religious training, or other religious activities including a church, temple, mosque, synagogue, convent, monastery, or other structure, together with its accessory structures, including a parsonage or rectory. This use does not include home meetings or other religious activities conducted in a privately occupied residence. Accessory uses may include meeting rooms and childcare provided for persons while they are attending assembly functions. Schools and other child care services are not accessory uses and shall require approval as separate principal uses.

68)

City Council - The governing body of the City of Waxahachie, Texas.

69)

Clinic, Dental, Medical, or Chiropractic - A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight and that no emergency bay exists for the transportation of patients to or from the facility by emergency medical professionals.

70)

College or University - An accredited academic institution of higher learning recognized by the State and covering a program or series of programs of academic study.

71)

Community Home - A place 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 by not more than two (2) persons as licensed by the Texas Department of Mental Health and Substance Abuse (also see Chapter 123 of the Texas Local Government Code).

72)

Comprehensive Plan - Document(s) adopted by the City that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas, functions, and services of the City.

73)

Convenience Store - A small retail store engaged in selling groceries and retail sales of non-food items or prepared foods, hot and cold beverages, packaged beverages, or a combination of these items. Drive-through or drive-up services are prohibited. Gasoline Sales, Outside Storage, or Outside Display uses are prohibited unless specifically identified and approved under the SUP.

74)

Copy or Print Shop - An establishment that reproduces, in printed or graphic form, individual orders from an individual, business, profession, service, industry, or governmental organization and occupies less than four thousand (4,000) square feet. Reproduced materials may include trophies and awards, engraved items, binding services for books or magazines, or publishing.

75)

Country Club, Private - A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts, and similar recreational or service uses available only to members and their guests.

76)

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

77)

Crematorium - A furnace or establishment for the incineration of corpses.

78)

Custom Personal Service Shop - A business, other than those defined elsewhere, that provides services but not goods. This definition includes, but is not limited to tailoring, dressmaking, shoe shining or repair, needlework or weaving shop, barber or hairdresser establishments, and beauty shops, including associated incidental services or accessory retail sales of products related to the services provided.

79)

Data Center - A Data Center is a structure that houses a large grouping of network computer servers typically used by businesses, governments, and organizations for remote storage, processing, and distribution of large amounts of data. This definition may include additional electrical substation requirements to be considered and allowed as a component of the primary Data Center use.

80)

Day Camp for Children - A facility arranged and conducted for the organized recreation and instruction of children including primarily outdoor activities on a daytime or overnight basis.

81)

Density - The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres or net acre.

82)

Dormitory - A building intended or used principally for sleeping accommodations where such building is related to a College or University or other academic or public institution.

83)

Drive-Through Establishment - An establishment where customers are able to order and purchase goods or services from their motor vehicles via a drive-through lane or service window, whether operated from a separate structure or as part of the main building.

84)

Dry Cleaning Establishment, Off-Site - A facility for the collection; delivery; or pickup of clothing and laundry to be processed, altered, cleaned, dyed, or pressed utilizing liquid solvents of all Classes at an off-site location.

85)

Dry Cleaning Establishment, On-Site - A facility for the collection; delivery; pickup; or on-premises processing, alterations, cleaning, dyeing, pressing of clothing and laundry utilizing liquid solvents of all Classes.

86)

Dwelling or Residence - Any building or portion thereof, which is designed or used as living quarters for one or more families.

87)

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

88)

Educational Facility - A building or any portion thereof, which is lawfully used in whole or in part for public or private education, including but not limited to a childcare center, college or university, kindergarten school, or public or parochial primary or secondary school.

89)

Electrical Generating Plant - An electrical energy generating facility that generates electrical power from sources other than wind or solar for the purpose of providing electricity to the electrical distribution system or transmission grid.

90)

Equipment Sales, New or Used - Establishments engaged in the sale of tools, construction equipment, agricultural equipment, or similar industrial equipment.

91)

Event Center - A building or part of a building, in which facilities are provided and used for such purposes as a meeting, gathering, or assembly of persons for civic, educational, political, religious, or social events, including weddings and receptions, and may include a banquet hall. Such facility shall not host any activity that could be considered a sexually oriented business as defined by the City of Waxahachie's Code of Ordinances. Also, such facility may include an on-site kitchen/catering facility.

a)

This definition shall not include a business whose primary use constitutes a microbrewery, restaurant, retail stores & shops, tavern, winery. An event center use shall be considered as an accessory use when the primary function of a business constitutes one (1) of the aforementioned land uses.

92)

Fairgrounds, Rodeo Grounds, or Exhibition Area - An area wherein buildings, structures, and land are used for the exhibition of livestock, farm products, rodeo events, etc.

93)

Family - One or more persons related by blood, marriage, or adoption; or a group not to exceed four (4) persons not all related by blood, marriage, adoption, or guardianship; occupying a dwelling unit.

94)

Family Home (Child Care) - A facility that regularly provides care in the caretaker's own residence for not more than six (6) children under fourteen (14) years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed twelve (12) at any given time. No outside employment is allowed at the facility. This facility shall conform to Chapter 42 of the Human Resources Code of the State of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.

95)

Farm, Ranch, Garden, or Orchard - An area used for growing usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

96)

Feed and Grain Store - An establishment for the selling of corn, grain, and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.

97)

Flea Market or Farmers Market - An outdoor or partially indoor premises where the main use is the sale of new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects, or equipment, in small quantities, in broken stalls, lots, or parcels, not in bulk, for the use or consumption by the immediate purchaser in a building, open air, or partly enclosed booths or stalls not within a wholly enclosed building. The term Flea Market includes Custom Personal Service Shops, food services establishments, produce stands, retail services establishments, and auction establishments. This definition does not include wholesale sales establishments, rental services establishments, retail sidewalk sales, garage sales, or arts and crafts shows or sales held by non-profit organizations.

98)

Floodplain - An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the Flood Insurance Rate Map (FIRM) of the City of Waxahachie.

99)

Floor Area - The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways. This definition is for primary structures. Accessory building floor area shall be calculated as an accumulation of all outside wall area whether conditioned space or otherwise.

100)

Floor Area Ratio (FAR) - The floor area of a main building or buildings on a lot, divided by the lot area (See Article IX).

101)

Food Manufacturing or Processing Plant - A facility used for the preparation, processing, or canning and packaging of food products. Sales of products may be permitted as an incidental use, not to exceed ten (10) percent of all business.

102)

Franchised Private Utility (Not Listed) - A utility such as one distributing heat, chilled water, closed circuit television, or similar service and requiring a franchise to operate in the City of Waxahachie.

103)

Fraternal Organization - An organized group having a restricted membership and specific purpose related to the welfare of the members, e.g., Elks, IOOF, Masons, Knights of Columbus, or a labor union.

104)

Fraternity or Sorority House - A facility, dwelling, or area used as a meeting or gathering place and which facility, dwelling, or area maintains sleeping accommodations for its members.

105)

Funeral Home or Mortuary - A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

106)

Furniture Manufacture and Refinishing Shop - A facility engaged in manufacturing or finishing furniture.

107)

Garage, Private - An accessory building enclosed on at least three (3) sides, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."

108)

Garage Accessory Dwelling - A residential dwelling unit attached to or over a garage but not attached to the main residential structure.

109)

Gasoline Sales - A retail establishment selling gasoline that does not include or offer any automobile repair services.

110)

Golf Course - A tract of land laid out for playing a game of golf and improved with tees, greens, fairways, hazards, and which may include a clubhouse(s). This definition does not include driving ranges, miniature golf courses, or recreational activities performed by property owner within their premises.

111)

Greenhouse, Nursery, Florist or Garden Shop - A retail business whose principal activity is the selling of flowers, live plants or other items related to the planting, maintenance, or harvesting of plants, shrubs, trees, packaged fertilizers, soils, related chemicals, or other nursery goods, or landscaping, and may include outside storage, growing, or display of such items.

112)

Hauling, Storage, or Motor Freight Terminal - A company using, or a facility housing, trucks or other Heavy Load Vehicles that transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.

113)

Heating and Air Conditioning Sales - A retail or wholesale establishment engaged in the sales of heating, ventilation, and air conditioning (HVAC) equipment.

114)

Heavy Load Vehicle - A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of greater than eleven thousand (11,000) pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term Truck shall be construed to mean Heavy Load Vehicle unless specifically stated otherwise.

115)

Heavy Machinery and Equipment, Rental, Sales or Storage - A building or open area used for the display, sale, rental, or storage of materials, construction equipment, heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

116)

Helistop - A pad or other designated area not developed in conjunction with an Airport that is intended to be used as a helicopter landing area.

117)

Home for Aged, Residence (Assisted Living) - This term shall mean a place where assisted or supervised living and care services are provided to elderly persons. Meals, lodging, laundry service, and limited nursing care or aid means nurses and other persons providing occasional assistance to the residents and are available on an "as needed" or "on call" basis (but not full-time individual care) for limited individual treatment or personal care assistance. Assisted care shall not mean full-time care provided to persons permanently confined to a bed.

118)

Home Occupation - An occupation or activity carried on by the inhabitant(s) of a dwelling that is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation use shall not change the residential character of the property or the neighborhood and shall be conducted entirely within the main building. The teaching of swimming in a private swimming pool is not prohibited, provided a Specific Use Permit specifying the operating conditions and standards, and limiting the number of students and operating times, is obtained.

119)

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.

120)

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.

121)

Household Care Facility - A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to Art. 4442c-4 (Personal Care Facility Licensing Act) V.A.C.S. (Tex.) and Art. 101 1n (Community Homes for Disabled Persons Location Act) V.A.C.S. (Tex.) as they presently exist or may be amended in the future.

122)

Housing for the Elderly/Senior Apartments (also termed Independent Living Center or Congregate Housing) - A development providing self-contained dwelling units specifically designed for the needs of the elderly. Units may be rented or owner-occupied. To qualify as retirement housing, a minimum of eighty (80) percent of the total units shall have a household head of fifty-five (55) years of age or greater. No long-term or permanent skilled nursing care or related services are provided.

123)

HUD Code Manufactured Home - Per Chapter 1201 of the Occupations Code, a structure constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development that is built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation what the structure is connected to the required utilities, is transportable in one or more sections, and in the travelling mode, at least eight (8) body feet in width or at least forty (40) body feet in length or, when erected on site, at least three hundred twenty (320) square feet; and includes the plumbing, heating, air conditioning, and electrical systems of the home.

124)

HUD Code Manufactured Home Display or Sales - The offering for sale, storage, or display of new or used trailers or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

125)

HUD Code Manufactured Home Park - A parcel of land not less than five (5) acres nor greater than twenty-five (25) acres which has been designed, improved, or intended to be used or rented for occupancy by one or more HUD Code Manufactured Homes in designated spaces.

126)

Incidental Use - Any use different from the primary use but which compliments or supplements the primary use. Incidental means an area that constitutes not more than fifteen (15) percent of the area devoted to the main use.

127)

Institution for Alcoholic, Narcotic, or Psychiatric Patients - An institution, e.g., hospital, offering resident or outpatient treatment to alcoholic, narcotic, or psychiatric patients.

128)

Institution of Religious or Philanthropic Nature - Institutions sponsored or operated by organizations established for religious or philanthropic purposes including orphanages, homes for children, homes for aged, training, educational, recreational and multi-purpose facilities, places of residence, meeting establishments, and offices directly related to the institution or parent organization.

129)

Jail or Prison - A building used for incarceration of prisoners.

130)

Juvenile Detention Center - A public facility or institution exclusively for the incarceration of people under twenty-one (21) years of age awaiting trial or sentencing or serving a court-imposed sentence.

131)

Kindergarten or Nursery School, Private - An establishment where more than three (3) children are housed for care or training during the day or portion thereof.

132)

Kiosk - A small, freestanding, one-story accessory structure having a maximum floor area of three hundred fifty (350) square feet and used for commercial purposes, such as automatic teller machines (ATM) or the posting of temporary information or posters, notices, or announcements. Any occupied kiosk must have a minimum floor area of twenty-five (25) square feet.

133)

Laboratory, Medical or Dental - A facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, or any other diagnostic test generally recognized in the dental or healthcare industry.

134)

Laboratory, Scientific or Research - A facility for scientific laboratory research in technology-intensive fields such as biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, films, heat transfer, or radiation research facilities.

135)

Landfill - A tract, lot, or any part thereof, which is used for the disposal of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, construction waste, any other nontoxic waste material, or any combination of these by abandonment, dumping, burial, burning, or other means.

136)

Landscape - the following definitions pertain specifically to the landscaping requirements:

a)

Buffer yard - A unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

b)

Building Footprint - The area of the building in contact with the ground.

c)

Caliper - Diameter of the trunk measured at DBH.

d)

Canopy Tree - A perennial woody plant, single or multiple trunk, contributing to the uppermost spreading branchy layer of a forest and may be commonly referred to as shade trees.

e)

Diameter at Breast Height or DBH - Measured at 4.5' above ground level.

f)

Ground Cover - Low growing, dense spreading plants typically planted from containers.

g)

Interior Landscape Area - The area of the lot remaining after subtracting out the area included in the required buffer yards.

h)

Landscape Administrator - The City Manager or designated representative.

i)

Landscape Architect - A person registered as a Landscape Architect in the State of Texas pursuant to state law.

j)

Landscape Area - An area which is covered by living grass, ground cover, or other plant materials.

k)

Lawn Grasses - Thin bladed surface growing plants typically planted from seed, sprigs or plugs.

l)

Licensed Irrigator - A person duly licensed by the State of Texas to design and install irrigation systems.

m)

Owner - Any person who has a legal or equitable interest in real property, including a tenant or person in control of any premises upon which landscaping is required to be placed under this Ordinance.

n)

Permeable Pavement - A paving material that permits water penetration.

o)

Right-of-Way Parkway - That area within the public right-of-way (ROW) between the back of curb or edge of pavement and the right-of-way line.

p)

Seasonal Color - Landscape areas used for annual and perennial flowers intended to maintain year-round color accents.

q)

Shrubs - Plants which grow vertically in a multi-branched growth pattern.

r)

Understory or Accent Trees - Small evergreen or deciduous perennial woody plants which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics.

137)

Landscape Sales - A service business providing assistance planting or maintaining living trees, shrubs, ground cover, fences, and other similar natural or decorative features.

138)

Landscaping - Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls, or fences, but excluding paving.

139)

Laundromat - A service facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

140)

Light Load Vehicle - A self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) not greater than eleven thousand (11,000) pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles less than thirty-two (32) feet in length, campers, and other similar vehicles. Light Load Vehicles does not include Automobiles and motorcycles.

141)

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

142)

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

143)

Lot - Platted land, as specified in Section 212 of the Texas Local Government Code or the City's Subdivision Ordinance, occupied or intended to be occupied by one main building and the required parking, or a group of main buildings, and accessory building and uses, including such open spaces as are required by the Ordinance, and other laws or ordinances, and having its principal frontage on a public street or officially approved place (see Article IX).

144)

Lot Area - The total area, measured on a horizontal plane, included within lot lines(see Article IX).

145)

Lot, Corner - A property lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five (135) degrees (see Article IX).

146)

Lot Coverage - The area covered by all buildings, dwellings, or structures located thereon, including the area covered by all overhanging roofs.

147)

Lot Depth - The mean horizontal distance between the front and rear lot lines(see Article IX).

148)

Lot, Double Frontage - A property with Lot Frontage on two (2) non-intersecting streets, as distinguished from a corner lot (see Article IX).

149)

Lot, Flag - A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five (35) feet in width at the street right-of-way.

150)

Lot Frontage - That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a Corner Lot.

151)

Lot, Interior - A lot other than a Corner Lot.

152)

Lot Line, Front - The boundary line of the lot abutting a street that constitutes a street right-of-way line. Where two or more lot lines abut streets, all lots lines shall be defined as Front Lot Lines; the owner shall have a choice in designating which front lot line shall determine assignment of the address for the lot and which way the building(s) shall face, unless otherwise restricted by provisions in this Ordinance (see Article IX).

153)

Lot, Key - A corner lot whose exterior side is adjacent to the front yard of another lot.

154)

Lot Line, Rear - The lot line farthest from and most parallel to the Front Lot Line. For triangular lots, the point opposite the Front Lot Line shall be considered the Rear Lot Line and have a value of zero (see Article IX).

155)

Lot Line, Side - Any lot line not the front or rear lot line.

156)

Lot Lines or Property Lines - The lines bounding a lot, tract, or other property, as defined herein. While the term Lot Line may be used to determine frontage, setbacks, or buildable area for all defined property, only those properties identified on a legal plat shall be defined as a Lot.

157)

Lot of Record - Any property that is part of a subdivision, the plat of which has been prepared and approved in accordance with the Subdivision Ordinance, and which has been recorded in the office of the County Clerk of Ellis County in accordance with the Subdivision Ordinance or before April 10, 1969.

158)

Lot Width - The horizontal distance measured between side lot lines and measured along the front lot line (see Article IX).

159)

Machine Shop or Welding Shop - An industrialized facility where welding or other metalwork activities are conducted for the public.

160)

Main Building - The building or buildings on a lot which are occupied by the primary use.

161)

Manufacturing - The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials such as oils, plastics, or resins.

a)

Light Manufacturing - Establishments engaged in the on-site production of goods primarily by hand, within enclosed structures, and involving the use of hand tools or the use of mechanical equipment commonly associated with residential or commercial uses, such as a single kiln.

b)

Medium Manufacturing - The processing and manufacturing of materials or products predominately from extracted or raw materials. These activities do not necessitate the storage of large volumes of highly flammable, toxic, or explosive materials needed for the manufacturing process. For Use Chart purposes, any processing; manufacturing; raw material, chemical, finished product, or similar storage; or machining that occurs outside an enclosed building is considered Outdoor, i.e., if those steps or materials are not fully contained within a structure, then the Outdoor definition applies.

c)

Heavy Manufacturing - An establishment engaged in manufacturing, assembly, fabrication, packaging, smelting, refining, or other industrial processing of products primarily from extracted or raw materials. Any manufacturing use that does not meet the criteria of Light Manufacturing or Medium Manufacturing is considered Heavy Manufacturing. For Use Chart purposes, any processing; manufacturing; raw material, chemical, finished product, or similar storage; or machining that occurs outside an enclosed building is considered Outdoor, i.e., if those steps or materials are not fully contained within a structure, then the Outdoor definition applies.

162)

Masonry Construction - Exterior construction materials including brick, stone, granite, marble, decorative concrete block or tile, stucco, and other built up or tilt panels as defined and constructed in accordance with Section 5.01 of this Ordinance and below.

a)

Hard-fired brick or kiln fired clay or slate material(s). This definition can include concrete brick if it is to the same ASTM standard for construction as typical hard-fired clay brick; severe weather grade; minimum thickness of three (3) inches when applied as a veneer. Hard-fired brick does not include unfired or underfired clay, sand or shale brick;

b)

Stone, which includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all-weather stone that is customarily used in exterior building construction. This definition may also include cast- or manufactured-stone product, provided that such product yields a highly textured, stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance-free. Natural or man-made stone shall have a minimum thickness of three and five-eighths inches when applied as a veneer;

c)

Decorative concrete block that is comprised of a highly textured finish, such as split-face, indented, hammered, fluted, ribbed, or similar architectural finish. The coloration shall be integral to the masonry material and shall not be painted on. The minimum thickness shall be three and five-eighths inches when applied as a veneer. This definition does not include lightweight or featherweight concrete block or cinder block units. Decorative concrete block does not qualify as "masonry construction" in the CA zoning district;

d)

Concrete pre-cast or tilt-wall panels are only allowed if constructed with a highly textured, architectural finish that is at least as textured in appearance and physically as face brick or stone. The panels can be brick-like or stone-like in appearance; however, the coloration shall be integral to the masonry material and shall not be painted on. The panels shall not include smooth, un-textured, or inadequately textured finishes. Concrete pre-cast or tilt-wall panels do not qualify as "masonry construction" in the CA zoning district;

e)

Glass blocks or tiles that are of the type customarily used in exterior building construction and are not highly reflective or have a mirror-like finish. The glass blocks or tiles shall not comprise more than thirty (30) percent of any exterior wall surface, nor more than twenty (20) percent of the building's total exterior on all wall surfaces combined. Glass blocks or tiles do not qualify as "masonry construction" in the CA zoning district; and

f)

Stucco, if applied in accordance with industry standards, shall qualify as brick or masonry. The Director of Planning must review the proposed installation method at the time of building permit application. The proposed method of installation shall be stated on the building plans. The approved installation method shall be a condition of building permit issuance.

163)

Massage - Touching, stroking, kneading, stretching, friction, percussion, and vibration, and includes holding, positioning, causing movement of the soft tissues, and applying manual touch and pressure to the body, but excludes an osseous tissue manipulation or adjustment.

164)

Massage Establishment - Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by State law. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

165)

Massage Parlor - Any business offering massages by a person who is not a Massage Therapist.

166)

Medical Appliance Fitting or Retail Sales - A facility offering fitting and sales of various medical appliances designed to perform a therapeutic or corrective function.

167)

Medical Facilities:

a)

Freestanding Emergency Medical Care Facility - A facility that is structurally separate and distinct from a hospital and which receives an individual and provides emergency care. Emergency care is defined as health care services provided in a freestanding emergency medical care facility to evaluate and stabilize a medical condition of a recent onset and severity, including severe pain, psychiatric disturbances, or symptoms of substance abuse, that would lead a prudent layperson possessing an average knowledge of medicine and health to believe that the person's condition, sickness, or injury is of such a nature that failure to get immediate medical care could result in:

i)

Placing the person's health in serious jeopardy

ii)

Serious impairment to bodily functions

iii)

Serious dysfunction of a bodily organ or part

iv)

Serious disfigurement

v)

Or in the case of a pregnant woman, serious jeopardy to the health of the woman or fetus.

b)

Public Health Center - 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. These facilities provide exclusively out-patient services, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors. Emergency bays for the transportation of patients to or from the facility by emergency medical professionals may be present.

c)

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

d)

Urgent Care Center - A medical clinic with expanded hours that is specially equipped to diagnose and treat a broad spectrum of non-life and limb threatening illnesses and injuries. Urgent care centers are enhanced by on-site radiology and laboratory services and operate in a location distinct from a freestanding or hospital-based emergency department. Care is rendered under the medical direction of an allopathic or osteopathic physician. Urgent care centers accept unscheduled, walk-in patients seeking medical attention during all posted hours of operation.

168)

Metal Recycling Center - A building or facility in which recyclable metal materials are collected, processed, or baled in preparation for shipment to others who will use those materials to manufacture or create new products. This definition does not include Wrecking Yards.

169)

Micro-Brewery - A facility in which beer, ale, or malt liquor(s) are brewed, fermented, or distilled for distribution and consumption, and which possesses a Brewer's Permit or Brewpub License from the State of Texas. Tasting rooms or other open spaces designated for the consumption of products produced on-site are permitted on the premises.

170)

Minimum Dwelling Unit Area or DUA - Areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.

171)

Mini-Warehouse or Self-Storage Facility - Small individual storage units for rent or lease, restricted solely to the storage of items within a building or group of buildings. The conduct of sales, business, or any other activity within the individual storage units, other than storage, is prohibited. Outside Storage and Outside Display uses are prohibited unless identified and approved under an SUP.

172)

Mobile Home - Per Chapter 1201 of the Occupations Code, a structure constructed before June 15, 1976, built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation what the structure is connected to the required utilities, transportable in one or more sections, and in the travelling mode, at least eight (8) body feet in width or at least forty (40) body feet in length or, when erected on site, at least three hundred twenty (320) square feet; and includes the plumbing, heating, air conditioning, and electrical systems of the home.

173)

Mobile Home Park - A parcel of land not less than five (5) acres nor greater than twenty-five (25) acres which has been designed, improved, or intended to be used or rented for occupancy by one or more Mobile Homes in designated spaces.

174)

Model Home - A dwelling in a developing subdivision that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

175)

Modular Prefabricated Structure or Modular Home - Means a structure or building module as defined, under the jurisdiction and control of the Texas Commission and Department of Licensing and Regulation 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 component.

176)

Motel or Hotel - A facility, other than a Bed and Breakfast Inn, offering temporary accommodations to the public in the form of rooms designed for the overnight lodging of guests for an established fee on a daily rate. Additional on-site services, such as restaurants, meeting rooms, room cleaning service, and recreational facilities may be included in the definition if incidental to the main use of Motel of Hotel. A hotel is distinguished from a motel chiefly in that in hotels, the doors to each room are inside the building.

177)

Motorcycle - A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. This definition includes motorbikes, ATVs, motor scooters, mopeds, and similar vehicles

178)

Multiple-Family Dwelling or Apartment - Three (3) or more dwelling units on a single lot designed to be occupied by three (3) or more families living independently of one another, exclusive of a Motel or Hotel or a Bed and Breakfast Inn.

179)

Nonconforming Use - A building, structure, or use of land lawfully occupied at the time of permitting, but which does not conform to the current use regulations of the district in which it is situated.

180)

Noxious Uses - Any use not already defined herein that could potentially create a problem to the environment due to emissions, visual quality, odor, noise, hazard or similar factors.

181)

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

182)

Office, Professional and Administrative - A room, group of rooms, or building used for conducting the affairs of a business, profession, service industry, or government, but excluding Medical Clinics.

183)

Officially Approved Place of Access - Access, other than a dedicated street, to a property which is approved by the City of Waxahachie.

184)

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.

185)

Outside Display - Outside temporary display of finished goods specifically intended for retail sale, but not displayed outside overnight.

186)

Outside Storage - Overnight, permanent, or continuous keeping, displaying, or storing of any goods, materials, merchandise, or equipment outside a building on a lot or tract for more than twenty-four (24) hours. Also referred to as open storage.

187)

Package Store - An establishment engaged in retail sale of alcoholic beverages for consumption off the premises. These establishments derive more than seventy-five (75) percent of their gross revenues from the sale of alcohol.

188)

Parcel or Tract - Any unplatted or portion of an unplatted tract of land.

189)

Park or Playground, Private - A recreation facility, recreation center, or park not owned or operated by a public agency such as a City or School District and available to the general public.

190)

Parking Space - See Section 5.02.

191)

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

192)

Pawn Shop - An establishment where money is loaned on the security of personal property pledged in the keeping of the owners or pawnbrokers. Retail sales of primarily used items may also take place.

193)

Pet Shop and Grooming - A retail establishment offering small animals, fish, or birds for sale as pets and where such creatures are housed within the building, including the grooming of dogs, cats, or other animals.

194)

Pharmacy - A retail establishment substantially devoted to the sale of pharmaceutical items, supplies, and equipment, to include prescription drugs, nonprescription medicines, cosmetics, and related items.

195)

Place of Assembly - Any building or portion thereof, which is lawfully used as a meeting or gathering place for persons attending private or public civic, social or recreational events, including but not limited to a civic club, community center, church, country club, day camp or care for children, or recreation center.

196)

Planned Development (PD) Zoning District - A specialized zoning district that is applicable to the subject area defined in the PD ordinance and comprised of both a Concept Plan and Detailed Site Plan, in accordance with Section 7.02

197)

Planning and Zoning Commission - A board, appointed by the City Council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the City Council. Also referred to as The Commission or P&Z.

198)

Plat - A plan of a subdivision of land creating building lots and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Waxahachie and approved by the City of Waxahachie and recorded in the plat records of Ellis County.

199)

Playfield or Stadium, Public - An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, football field, or stadium which may be lighted for nighttime play.

200)

Portable Building Sales - An establishment which displays and sells Portable Storage Structures capable of being carried and transported to another location, but not including mobile homes.

201)

Portable Storage Structure or Temporary Building - Any container, storage unit, shed-light container, temporary building, or any other pre—manufactured accessory structure that is not originally manufactured or constructed at its use site and that complies with the development standards in Article V, other than a permitted accessory building or shed complying with all building codes and land use requirements.

202)

Premises - Land together with any buildings or structures situated thereon.

203)

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

204)

Private Club - An establishment providing social facilities, dining facilities, or both that may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of Title 3, Chapter 32, Vernon's Texas Codes Annotated, Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

205)

Private Recreation Facility - A facility operated for the exclusive use of private residents, members of the club, or neighborhood groups and their guests, but not the general public.

206)

Public Building, Shop, or Yard of a Local, State, or Federal Agency - Facilities other than those considered under the Municipally-Owned Facilities and Uses definition required by branches of Local, State, or Federal Agencies for service to an area such as Highway Department yard, City Service Center, or Experiment Station.

207)

Public Community Center - A building or complex of buildings that house cultural, recreational, athletic, or entertainment facilities owned or operated by a governmental or non-profit agency.

208)

Public Display - The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others or from any portion of the premises where items and material other than sexually oriented media are offered for sale or rent to the public.

209)

Public or Private Utility Shop or Storage - A facility designed to serve the needs of a public or private utility

210)

Railroad Track - A public or private right-of-way on which tracks for trains are constructed.

211)

Railroad Freight Depot - A rail facility for freight pick-up or distribution that may include intermodal distribution facilities for truck or shipping transport.

212)

Recreational Vehicle (RV) - A portable or mobile living unit used for temporary human occupancy away from the place of permanent residence of the occupants and which is self-propelled (motorized). See Heavy Load Vehicle.

213)

Recreational Vehicle (RV) Park - An area or commercial campground for RVs and similar vehicles or trailers to reside, park, rent, or lease on a temporary basis.

214)

Recreational Vehicle (RV) Sales - Display or sales of portable or mobile living units used for temporary human occupancy away from the place of permanent residence of the occupants, including both self-propelled or motorized RVs and travel trailers.

215)

Rehabilitation Care Facility or Halfway House - A facility for the housing, rehabilitation and/or training of six (6) or more persons, who are on probation or parole or are pre-released inmates from correctional institutions or other persons found guilty of criminal offenses; or for the housing, rehabilitation, training, counseling or treatment of six (6) or more persons for alcohol chemical or drug abuse and/or dependencies. This definition shall not include a hospital licensed by the State of Texas or a state licensed physician's office which office does not have facilities for patients to stay overnight.

216)

Residential District - A Zoning District where the primary purpose is residential use.

217)

Residential Home for Adults with Intellectual and Developmental Disabilities - A development housing more than six (6) persons, providing self-contained dwelling units specifically designed for the needs of adults with intellectual and development disabilities (IDDs) as defined by the V.T.C.A., Health and Safety Code § 591.003 and V.T.C.A., Health and Safety Code § 614.00, who have demonstrated the ability to live semi-independently. Staff and aids providing occasional assistance to the residents and are available on an "as needed" basis (but not full-time individual care) for limited individual treatment or personal care assistance. On-site facilities can be used to provide semi-independent living services (SILS) including, but not limited to: Recreational activities, and training and assistance in living skills for both residents and qualified guests.

218)

Residential Use - Any building or portion thereof, which is lawfully used as living quarters for one or more families, including but not limited to Single-Family Dwelling, Detached; Single-Family Dwelling, Attached; Multiple-Family Dwelling or Apartment; Mobile Home; HUD Code Manufactured Home; or Modular Prefabricated Structure.

219)

Restaurant - An eating establishment where customers are served at tables or a parked car or are self-served at a counter and food is consumed on the premises, carried out, or delivered. Refer to the Drive-Through Establishment definition and associated use regulations for stipulations pertaining to the use of a drive-through window.

220)

Retail Stores and Shops - Any establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods that is not already defined herein.

221)

Room - A building or portion of a building that is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

222)

Sand, Gravel, Stone or Petroleum Extraction - The process of extracting sand, gravel, stone, or petroleum from the earth.

223)

School, Private - Any building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency, to exclude vocational schools.

224)

School, Public - Any facility licensed by the state and meeting the state requirements for any of the following: Preschool; kindergarten; elementary school; middle school; junior high school; secondary school; high school; or senior high school.

225)

School, Vocational - A school or teaching institution established to provide instruction and training in a trade, skill, service, or art that is owned and operated privately and that does not offer a complete educational curriculum.

226)

Screen Printing Shop - Facilities engaged in the printing technique of screen printing to create designs, pictures, or patterns on clothing, canvas, or other substrates. This definition is intended to include the ancillary activities typically associated with screen printing such as the graphic design space or incidental retail space.

227)

Screened - Shielded, concealed, and effectively hidden from view to a person standing at ground level on an abutting site by a fence, wall, hedge, berm, or similar architectural or landscape feature.

228)

Sign Definitions - the following definitions apply exclusively to signs:

a)

Alter: To change the size, shape, outline, intent, or type of sign.

b)

Attach: To stick, tack, nail, or otherwise affix a sign to any object or to paint, stencil, write, or otherwise mark on an object.

c)

Attached Sign: A sign permanently anchored or moored to a structure.

d)

Banner: A type of portable sign that is generally constructed of lightweight plastic, fabric or a similar non-rigid material, and that is mounted/tethered to a pole(s), building or other structure at one or more edges.

e)

Billboard Sign: A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service and/or product not principally located or primarily manufactured or sold on the premises upon which the sign is located (i.e., off-premises).

f)

Canopy Sign: A sign placed upon or an integral part of the face of a canopy.

g)

Construction Sign: A temporary, accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator and/or mortgagee engaged in the design, construction and/or improvement of the premises upon which the sign is located.

h)

Development Signs: A temporary, accessory sign identifying the name and general nature of the development project that is being constructed on the premises upon which the sign is located.

i)

Dilapidated or Deteriorated Condition: Dilapidated or deteriorated condition shall include instances where:

j)

Elements of the surface or background can be seen, as viewed from a normal viewing distance (i.e., the intended viewing distance), to have portions of the finished material or paint flaked, broken off, missing and/or otherwise not in harmony with the rest of the surface; or

k)

The structural support or frame members are visibly bent, broken, dented or torn; or

l)

The sign panel is visibly cracked or, in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or

m)

The sign and/or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown by high winds or from the failure of a structural support); or

n)

The message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or

o)

The sign and/or its elements are not in compliance with the requirements of the National Electrical Code, the City's Electrical Code, and/or the current Building Code of the City of Waxahachie.

p)

Directional Sign (On-Site): A sign designated specifically for the purpose of directing or providing guidance to vehicular and/or pedestrian traffic on private property.

q)

Directory or Informational Sign (On-Site): A sign used for the purpose of directing vehicular or pedestrian traffic to specific occupants or businesses on private property, i.e., within shopping centers, industrial parks, retail districts, office complexes, or commercial sites.

r)

Electronic Message Sign: Any sign with fixed or changing display(s) or message(s) composed of lights, internal illumination, or a series of light emitting diodes that may be changed through electronic means.

s)

Erect: To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure.

t)

Face Panel or Surface: A surface(s) of the sign upon, against or through which the message is displayed or illustrated on the sign.

u)

Flag: A fabric, banner or bunting containing distinctive colors, patterns, words and/or insignia which is used as a symbol for a government, political subdivision or some other professional, religious, educational or nonprofit entity, provided that such device is displayed for noncommercial (i.e., not-for-profit) purposes.

v)

Framework: A support structure which meets all existing wind and load requirements as stated in applicable Waxahachie codes and ordinances, and which is designed to secure a banner or an interchangeable sign on any or all sides.

w)

Garage Sale Sign: Any temporary, promotional sign for the occasional, but not on-going, sale of personal household goods, typically displayed in a residential area or on the property of a non-profit organization.

x)

Identification Sign: A sign used to identify the name of a retail shopping center, a business park, or an industrial, commercial, or office center.

y)

Illegal Conforming Sign: A sign erected within the City that meets current sign regulations but does not have a required permit.

z)

Illegal Nonconforming Sign: A sign erected within the City that does not meet current sign regulations and does not have a required permit.

aa)

Illegal Sign: A sign that was erected in violation of any regulation applicable at the time of erection of such sign. Any sign which does not comply with the provisions of the City of Waxahachie's sign regulations.

bb)

Inflatable Sign: A portable, hollow sign expanded or enlarged by the use of air or gas.

cc)

Informational Sign: A sign that directs or regulates pedestrians or vehicles and includes sign copy of a general directive or informational nature such as no parking, handicapper parking, loading area, self-service, and rest rooms; which bears no advertising matter other than of an informational nature for the identification of streets, parks, historical events, areas of interest, or other attractions.

dd)

Institutional Sign: A sign, which by symbol or name, identifies a permitted institutional use and may also provide the announcement of services or activities to be held therein.

ee)

Kiosk Sign: Multi-user directional or location sign, on- or off-premises, containing individual panels of a prescribed size for that particular kiosk, with each panel to contain an individual business logo, name or message, and, when appropriate, a directional arrow and/or distance indicator to the advertised business.

ff)

Legal Sign: A sign that, when erected, has met all Waxahachie codes and ordinances pertaining to signs, including this Section of the Zoning Ordinance.

gg)

Logo: A formalized design or insignia (i.e., symbol) of a company or product, which is commonly used in advertising to identify that company or product.

hh)

Menu Board: A sign that is used to list items, dishes, meals, or specialties to be served.

ii)

Model Home Sign: A small sign that is used to temporarily identify a model home.

jj)

Monument Sign: A freestanding sign supported by an internal structural framework.

kk)

Name Plate: A sign showing only the name and address of the owner or occupant of the premises upon which it is erected or placed.

ll)

Neon Sign: A sign or advertising device formed from neon (or other gaseous, such as argon) lamps/tubing.

mm)

Nonconforming Sign: A sign that was lawfully installed in compliance with all City codes and ordinances that were applicable at the time of installation, but that does not comply with the provisions of this Section of the Zoning Ordinance (and/or other codes or ordinances) of the City of Waxahachie.

nn)

Noncombustible Material: Any material which will not ignite at or below a temperature of one thousand two hundred (1,200) degrees Fahrenheit and will not continue to burn or glow at that temperature, and which would have a flame spread of twenty-five (25) feet or less.

oo)

Non-Structural Trim: A retainer, batten, capping, nailing strip, latticing, platform or other similar trim component which is attached to the sign or its structure.

pp)

Obsolete Sign: A sign which no longer serves a bona fide use or purpose.

qq)

Off-Premises Sign: A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service and/or product not principally located or primarily manufactured or sold on the premises upon which the sign is located.

rr)

On-Premises Sign: A sign identifying or advertising a business, person or activity on the premises, and which is installed and maintained on the same premises as the business, person or activity it advertises.

ss)

Person: A person, firm, partnership, association, corporation, company or organization of any kind.

tt)

Pole or Pylon Sign: A freestanding sign, i.e., independent of any structure or building, supported by a pole(s) having no guys or braces to the ground or to any other structure.

uu)

Political Sign: A sign identifying and urging support for a particular election issue, political party, or candidate for public office.

vv)

Portable Sign: A sign that is not permanently affixed to a structure or the ground.

ww)

Primary Systems: A portion of the system of connected main highways located in this State that is designated officially by the State Highway and Public Transportation Commission and approved pursuant to Title 23, United States Code.

xx)

Private Premises: A dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited/vacant. A private premises shall include any yard, ground, lawn, walk, driveway, porch, steps or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.

yy)

Projecting Sign: A sign that projects from a building and has one end attached to a building or other permanent structure.

zz)

Projecting Structure: A covered structure of a permanent nature that is constructed of approved building materials, specifically excluding canvas or fabric material, e.g., an awning, and where such structure is an integral part of the main building or is permanently attached to a main building and does not extend over public property. A projecting structure is defined to include marquee and fixed canopy types of structures. A projecting structure shall have a minimum clearance of eight (8) feet above any sidewalk or other pedestrian travel surface, and fourteen (14) feet above any vehicular parking or circulation surface.

aaa)

Promotional Flags or Pennants: A type of temporary sign that is generally constructed of lightweight plastic, fabric, or a similar material, which is mounted or tethered to a pole(s), building, or other structure by rope, wire, string, or similar device usually in series, i.e., more than one on a string, and that is designed to move or flutter in the wind to attract attention.

bbb)

Promotional Signage: A type of temporary signage that is typically used for, but not limited to, special events and promotions or temporary signage used for business grand openings.

ccc)

Property Line: The line denoting the limits of legal ownership of property.

ddd)

Public Place: Any and all streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

eee)

Real Estate Sign: A temporary accessory sign pertaining to the sale or rental of property, and which advertises property only for a use for which it is legally zoned.

fff)

Rear Wall: A wall with no main entrances or store fronts, and which does not face the front of the lot. A building may have a maximum of one rear wall either in a single wall segment or in several segments which are more or less parallel to one another or which follow the curvature of the overall building.

ggg)

Roof Line: The height which is defined by the intersection of the roof of the building and the wall of the building with the following exception: for mansard-type roofs having two (2) slopes, the "roof line" shall be defined as the top of the lower slope of the roof. For mansard-type roofs having parapet walls, the "roof line" shall be the top of the parapet.

hhh)

Roof Sign: A sign erected upon or above a roof or parapet of a building or structure.

iii)

Sandwich Board Sign: A portable sign consisting of two (2) panels of equal size, which are hinged at the top and placed on the ground or pavement so as to be self-supporting.

jjj)

Searchlights: A powerful light or lights equipped with a reflector to produce a bright beam or beams to announce, direct attention to, or advertise business.

kkk)

Setback: The horizontal distance between a sign and the front, rear or side property line, as measured from that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane projecting vertically from the front, rear or side property line.

lll)

Sign: In General for this Ordinance, a sign is any name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light, or insignia, as well as any structure supporting any of the same, affixed directly or indirectly to or upon any building, window, door, or outdoor structure, or erected or maintained upon a piece of land, which directs attention to any object, product, service, place, activity, person, institution, organization, or business. Any interior illuminated or moving sign or light which is visible from the exterior may be determined as being erected on the exterior of the building or structure. See Section 5.08 to find stipulations pertaining to each particular type of sign.

mmm)

Sign Area: The area (i.e., square footage) of a sign made up of letters, words or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary straight lines drawn around the entire copy or grouping of such letters, words or symbols. Double-faced signs shall be calculated as the area of one side only. Three-dimensional or multi-faceted signs shall be calculated as the maximum area visible from any single direction at any point in time. Signs may be V-shaped, not to exceed a forty-five (45) degree angle, and can have only two sign faces (i.e., one sign face, or panel, in each of two different directions only; the sign cannot have sign panels in three different directions).

nnn)

Sign Copy: Any graphic, word, numeral, symbol, insignia, text, sample, model, device, or combination thereof included on a sign that is primarily intended to advertise, identify, or notify.

ooo)

Structure Trim: The molding, battens, capping, nailing strips, latticing, and platforms which are attached to the sign structure.

ppp)

Unified-Lot Sign: A multi-tenant monument sign placed on one of two or more contiguous lots instead of the same lot.

qqq)

Vehicle: For the purpose of this Section, "vehicle" shall mean any automobile, truck, camper, tractor, van, trailer or any other device capable of being transported, and shall be considered a "vehicle" in both moving and stationary modes, irrespective of its state or repair or its physical condition.

rrr)

Wall Sign: A sign attached to or painted upon a wall surface with the sign facing parallel to and not more than twelve (12) inches from the wall surface.

sss)

Window Sign: A sign painted or affixed to the interior or exterior of a window or placed immediately behind a windowpane so as to attract the attention of persons outside the building, excluding merchandise in a window display.

229)

Single-Family Dwelling, Attached (Townhouse or Townhome) - A structure that has two (2) or more single-family dwelling units erected in a row as a single building on adjoining lots, each unit separated from the adjoining unit(s) by a fire wall.

230)

Single-Family Dwelling, Detached - A dwelling designed and constructed as a freestanding structure for occupancy by one (1) 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 (1) family.

231)

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

232)

Small Engine Repair Shop - A facility used for the repair of lawn mowers, chain saws, lawn equipment, and other similar small machines.

233)

Small Wind System - A wind-driven energy system that converts wind energy into electricity through the use of and consisting of a wind turbine, a tower, and associated control or conversion electronics. The small wind system cannot exceed ten (10) kW and are only allowed on lots or parcels equal to or greater than two (2) acres in size. For lots larger than two (2) acres, one (1) tower or unit may be installed per every two (2) acres. Each tower must meet a separation distance requirement equal to at least one hundred ten (110) percent of the tower height from any other tower, all current or future property lines, and any occupied building.

234)

Solar Panel Farm - A solar-driven energy system that converts solar energy into electricity through photovoltaic panels that are supported by posts, wherein the solar panel system is the principal use of the property as it produces energy to be distributed into the electric utility grid. The maximum overall height of the system shall not exceed twelve (12) feet, and the system must meet building setback requirements of the zoning district.

235)

Solar Panel System, Large In-Ground - A solar-driven energy system that converts solar energy into electricity through photovoltaic panels, that are supported by poles, where the system exceeds one thousand (1,000) square feet in size, permitted as an accessory structure wherein the primary use must be to reduce on-site consumption of electric utility power. The maximum overall height of the system shall not exceed eight (8) feet in residential districts, or twelve (12) feet in all other districts, and the system must meet accessory building setback requirements. In residential districts, the system must be installed the rear yard only.

236)

Solar Panel System, Rooftop - A solar-driven energy system that converts solar energy into electricity through photovoltaic panels that are installed on rooftops

237)

Solar Panel System, Small In-Ground - A solar-driven energy system that converts solar energy into electricity through photovoltaic panels, that are supported by poles, where the system is not to exceed one thousand (1,000) square feet in size, permitted as an accessory structure wherein the primary use must be to reduce on-site consumption of electric utility power. The maximum overall height of the system shall not exceed eight (8) feet in residential districts, or twelve (12) feet in all other districts, and the system must meet accessory building setbacks. In residential districts, the system must be installed in the rear yard only.

238)

Specialty Paraphernalia - A business whose primary focus includes any one or any combination of the following: The sale of cigarette papers, bongs, or other smoking accessories. This definition shall include head shops, but shall not include retail tobacco shops, or cigar or cigarette shops.

239)

Stables, Public - A stable used for the rental of stall space or for the sale or rental of horses or mules.

240)

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

241)

Storage Warehouse - A building used primarily for the storage of goods and materials, but not accessible to the general public. Up to twenty-five (25) percent of the building may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed.

242)

Story - That portion of a building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, then the space between the floor and the ceiling above. The maximum height for a story shall be twelve (12) feet. The definition of a story does not include parapets, gables, or other normal roof structures and basements or cellars when more than one-half (½) of its height is below ground surface.

243)

Story, Half - 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 (⅔) of the floor area is finished off for use. A half story containing any living quarters shall be counted as a full story.

244)

Street - Any dedicated public thoroughfare that affords the principal means of access to abutting property. A street is termed a thoroughfare or collector street when the right-of-way is greater than sixty (60) feet.

245)

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

246)

Street Yard - The area between the building front line and the front property or right-of-way line.

247)

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

248)

Structure - 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. See definition of Building.

249)

Studio - A building or portion of a building used for the practice of an associated craft or skill; such as a studio for artists, photographers, or decorators, or a place to perform gymnastics, dance, drama, radio or television broadcasting, or music instruction, recording, or production.

250)

Surgical Outpatient Facility - An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.

251)

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.

252)

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, fenced and built in accordance with Ordinance No. 1688 of the City of Waxahachie Code of Ordinances. 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.

253)

Tattoo or Body Piercing Shop Primary - An establishment operated for the principal purpose of producing an indelible design, mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. This definition includes the creation or piercing of openings in the body of a person for the purpose of inserting jewelry or other decorations; however, Cosmetic and Restorative Studio (Accessory) or incidental micro-blading activities are not included under this use.

a)

Cosmetic and Restorative Studio (Accessory) - An establishment that provides permanent or semi-permanent pigmentation into the skin for eyebrows, eyeliner, lip liner/color/blend, blush, beauty marks, hair imitation, microblading or restorative tattoo services performed by licensed professionals that have been trained in the field of corrective cosmetics. Restorative services aim to restore the natural appearance of a certain area of the body or skin, such as areola repigmentation or scar camouflaging. Restorative tattoo services exclude traditional tattoo services, which are provided solely for artistic purposes. A cosmetic and restorative studio may be an accessory use to a tattoo and body piercing shop, barber, hairdresser or beauty shop.

b)

Cosmetic and Restorative Studio (Permanent) - An establishment that provides permanent or semi-permanent pigmentation into the skin for eyebrows, eyeliner, lip liner/color/blend, blush, beauty marks, hair imitation, microblading or restorative tattoo services performed by licensed professionals that have been trained in the field of corrective cosmetics. Restorative tattoo services aim to restore the natural appearance of a certain area of the body or skin, such as areola repigmentation or scar camouflaging. Restorative tattoo services exclude traditional tattoo services, which are provided solely for artistic purposes. A permanent cosmetic and restorative studio will serve as the primary use and will not be an accessory to another use.

254)

Tavern - A business engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises. Uses such as billiard parlors, dance halls, nightclubs, or live music venues may be included in this category if alcohol sales exceed forty-nine (49) percent of the gross revenue.

255)

Theater, Indoor - A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical, or live performances.

256)

Tire Installation or Repair - A retail establishment engaged in the sale, installation, or repair of tires for vehicles.

257)

Tool and Equipment Rental - A building or a portion of a building used for the display and rental of tools, light machinery, light equipment, or similar small instruments.

258)

Trailer, Hauling - A vehicle to be pulled behind Automobiles or Light Load Vehicles designed for hauling animals, produce, goods, commodities, or boats.

259)

Trailer and Heavy Load Vehicle Repair - An establishment providing major and minor repair services to heavy load vehicles, including trucks, buses, tractor trailers, or other similar vehicles.

260)

Trailer or Mobile Home Space - A plot of ground within a mobile home park, trailer court, or mobile home subdivision designed for the accommodation of one mobile home.

261)

Trailer or Truck Sales or Rental - The display sale or rental of Hauling Trailers designed to be towed by Automobiles or Light Load Vehicles, or of new or used trucks or heavy load vehicles in operable condition.

262)

Trailer, Travel or Camping - 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 or designed to be towed behind another vehicle.

263)

Truck - A light load or heavy load vehicle. See definitions for Light Load Vehicle and Heavy Load Vehicle for specific details.

264)

Truck Stop - Any building, land, area, premises, or portion thereof used for the retail dispensing or sales of fuels, lubricants, or accessories commonly utilized by Heavy Load Vehicles, but not including those uses listed under Major Automobile Repair.

265)

Two-Family Dwelling (Duplex) - Two attached dwellings in one structure on a single lot, each designed to be occupied by one family. Two or more attached dwellings on separate lots are defined under Single-Family Dwelling, Attached.

266)

Usable Open Space - An open area that is designed and intended to be used for outdoor living or recreation and meets the requirements in Article V.

267)

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

268)

Variance - An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel or property.

269)

Winery - a business which holds a winery permit from the State of Texas and which may engage in any activity authorized under Section 16.01 of the Texas Alcoholic Beverage Code except that the permit holder may sell or dispense wine under that section only if the wine is bottled in Texas and is at least seventy-five (75) percent by volume fermented juice of grapes or other fruit grown in Texas or a lesser percentage established by the commissioner of agriculture under Section 12.039 of the Agriculture Code.

270)

Yard - 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 shortest horizontal distance between the lot line and the main building shall be used (see Article IX).

271)

Yard, Front - A yard located in front of the front elevation of a building and extending across a lot between the side lot lines and being the minimum horizontal distance between the front property line and the outside wall of the main building(see Article IX).

272)

Yard, Rear - The area 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(see Article IX).

273)

Yard, Side - The area between the building and side line of the lot and extending from the front building plane to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building(see Article IX).

274)

Zoning District - A land area or zone within the City stipulating the limitations and requirements of land usage and development uniformly within the entire area.

275)

Zoning District Map - The official map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance. See Section 1.03, Zoning District Map and Section 1.04, Zoning District Boundaries.

276)

Zoo, Private - A facility housing and displaying live animals, reptiles, or birds that is privately owned and operated for a fee or for the promotion of some other enterprise.

277)

Zoo, Public - A publicly owned zoo or similar facility owned and operated by the City or a nonprofit zoological society where live animals, birds, and reptiles are domiciled and displayed.

(Ord. No. 3175, § 2, 1-21-20; Ord. No. 3374, § 2, 5-1-23; Ord. No. 3447, § 2, 1-22-24; Ord. No. 3572, § 2, 10-7-24)

(a)

Use regulations.

(i)

The use of land or buildings shall be in accordance with those listed in the following Use Charts. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the Schedule of Uses is:

• Designates use permitted in the zoning district indicated.

□ Designates use prohibited in district indicated.

S Designates use may be approved by Specific Use Permit.

(b)

(i)

Use chart organization.

1)

Residential Type Uses (Section 4.03 (a)).

2)

Education, Institutional, and Special Uses (Section 4.03 (b)).

3)

Commercial and Retail Type Uses (Section 4.03 (c)).

4)

Industrial and Utility Uses (Section 4.03 (d)).

5)

Accessory, Incidental and Sign Uses (Section 39.64.03(e)).

(ii)

Classification of New or Unlisted Uses - It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the City of Waxahachie. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the Use Charts (Sections 4.03(a) through 4.03(e)) shall be made as follows:

1)

Initiation.

a)

A person, City department, the Planning and Zoning Commission, or City Council may propose zoning amendments to regulate new and previously unlisted uses.

b)

A person requesting the addition of a new or unlisted use shall submit to the City Manager or designated representative all information necessary for the classification of the use, including but not limited to:

i)

The nature of the use and whether the use involves dwelling activity, sales, services, or processing;

ii)

The type of product sold or produced under the use;

iii)

Whether the use has enclosed or open storage and the amount and nature of the storage;

iv)

Employment typically anticipated with the use;

v)

Transportation requirements;

vi)

The nature and time of occupancy and operation of the premises;

vii)

The off-street parking and loading requirements;

viii)

The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; and

ix)

The requirements for public utilities such as sanitary sewer and water and any special public services that may be required.

2)

The City Manager or designated representative shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in Section 2.04. An amendment to this Ordinance shall be required as prescribed by Section 2.04.

3)

The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted.

4)

The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall approve or disapprove the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the use charts of the Zoning Ordinance according to Section 2.04.

5)

Standards for new and unlisted uses may be interpreted by the City Manager or designated representative as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined in Section 2.04. shall be followed for determination of the appropriate district. The decision of the City Manager or designated representative may be appealed according to the process outlined in Section 2.04.

(Ord. No. 3175, § 3, 1-21-20; Ord. No. 3374, § 2, 5-1-23; Ord. No. 3414, Exh. B, 10-16-23; Ord. No. 3447, § 2, 1-22-24; Ord. No. 3572, § 2, 10-7-24)