Abutting.Having adjoining or common boundaries.
Accessory building.A building for a use which is subordinate in area, extent, or purpose to the use of the principal building, such a use is customarily found in connection with the main building.
Accessory use.An accessory use is one which:
(1) Is subordinate to and serves a principal use;
(2) Is subordinate in area to the principal use served; and
(3) Is located on the same lot as the principal use (see section 6500).
Addition.Any construction which increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.
Administrative appeals.An appeal of the interpretation of an administrative decision of the building official to the Board of Adjustment (see section 7400).
Adult entertainment and sexually oriented commercial establishments.Specifically defined as adult bookstores, adult motion picture theaters, businesses or enterprises which offer nude human modeling for a consideration, and businesses or enterprises that offer for consideration, physical contact between persons when one or more of such persons are nude or seminude, as defined in section 5500.
Agent of owner.Any person who can show certified or written proof that he is acting for the property owner.
Agricultural usesincludes farming, stabling animals, raising animals, excluding hogs, and keeping animals in kennels.
AICUZ.Air Installation Compatible Use Zone.
Airport.The Sheppard Air Force Base/Wichita Falls Regional Airport and/or Kickapoo Downtown Airport. (Pertains to airport zoning.)
Airport elevation.The established elevation of the highest point on the usable landing area measured in feet from mean sea level. This elevation has been established at the Sheppard Air Force Base/Wichita Falls Regional Airport as 1,015 feet above mean sea level. The elevation for Kickapoo Airport has been established at 998 feet above mean sea level.
Airport hazard.Any structure, tree or use of land which obstructs the airspace required for the flights of aircraft or which obstructs or interferes with the control or tracking and/or data acquisition in the landing, taking off or flight at an airport or at any installation or facility relating to flight and tracking and/or data acquisition of the flight craft; or which is hazardous, interfering with, or obstructing such landing, taking off or flight of aircraft; or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.
Airport hazard area.Any area of land or water upon which an airport hazard might be established if not prevented as provided herein.
Alley.A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
Alteration.Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in relative position of buildings or structures on a site, or substantial change in appearance of any building or structure.
Antenna.An attachment to a tower or other structure used to transmit, receive, reflect or is otherwise associated with wireless communications.
Approach surface.A surface longitudinally centered on the airport centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth under section 6400. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
Art gallery/museum.An institution for the collection, display and distribution of objects of art, history and science.
Automobile sales and services.The use of any building, land area or other premises for the display, rental or sale of new or used automobiles, including any warranty repair work and other repair service conducted as an accessory use.
Automobile service station.Any building, land area or other premises or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories.
Automotive repair services.Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including wheel and brake shops, body and fender shops, and similar repair and service activities, but excluding dismantling or salvage.
Awning.A roof-like cover, temporary in nature, extending from the wall of the building/structure, over an area to provide shade and/or shelter. The awning shall be entirely supported by the exterior wall of the building, with no independent means of support.
Base zoning.Zoning districts in existence as approved by City Council.
Basic industry and manufacturing.A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions.
Board of Adjustment.An officially constituted body whose principal duties are to grant variances from the strict application of this zoning ordinance. (See section 7800.)
Boardinghouse.A dwelling, or part thereof, in which lodging is provided by the owner or operator to more than three boarders.
Boat sales and services.The uses of any building, land area or other premises for the display and sale of new or used boats, including any warranty repair work and other repair service as conducted as an accessory use.
Buffer areas.A strip of land identified on a site plan or by zoning ordinance, established to protect one type of land use from another land use which is incompatible. Buffer area zones may be zoned or shown on a site plan. Normally, a buffer zone is landscaped and kept in open space uses.
Buffering.Separating one use from another to shield or block noise, lights, or other nuisances.
Building.Any structure designed, built, or intended for the shelter or enclosure of persons, animals, chattels, or movable property of any kind, or for an accessory use. When separated by an absolute fire separation, each portion of such structure so separated shall be deemed a separate building. This definition shall include the structures wholly or partly enclosed with an exterior wall.
Building line.A line parallel or approximately parallel to the street line at a specified distance, marking the minimum distance from the street line that a building may be erected. For existing buildings, the building line shall be the exterior wall or omitted wall line which is closest to the street. (See section 4200.)
Bus station.Any premises for the transient housing or parking of motor-driven buses and the unloading and loading of passengers.
Car wash.A building or portion thereof containing facilities for washing automobiles.
Carport.A roofed space, one story in height, covered with a flat or hipped roof and ordinarily used as a shelter under which vehicles are parked.
Cemetery.A place dedicated to and used and intended to be used for the permanent interment of the human dead. It may be a mausoleum for vault or crypt interment, crematory, or combination.
Centerline.A line extending through the midpoint of each end of a runway.
Centerline, streets or alleys.A line erected midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular, the centerline shall be determined by the city engineer.
Change of use.The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, name, or management.
Clinic.An institution or station for the examination and treatment of ill and afflicted outpatients by a physician or group of physicians.
Club.A building or portion of a building, together with the grounds and related facilities, used primarily by an association, its members, and their guests for social, fraternal, or recreational purposes. (This definition does not include private clubs as defined by the Texas Alcoholic Beverage Code; see section 5400.)
Coin-operated amusement machine.Any machine or device of any kind or character which is operated by coins, tokens, slugs, bills, credit or debit cards, for the purpose of dispensing or affording amusement, skill, pleasure, or redemption as allowed by state law. This definition shall include, but not be limited to, arcade games, video arcade games, pinball machines, and billiard tables with or without coin operation. This definition does not include service coin-operated machines such as pay toilets and pay telephones, food or beverage vending machines, or an amusement machine designed primarily for the entertainment of a child.
Coin-operated amusement machines establishment.An establishment where 50 percent or more of the gross floor area accessible to patrons is dedicated to the use and operation of coin-operated amusement machines, as defined herein. This definition shall include, but not be limited to, arcades, pool halls, and similar facilities.
College and university.An academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study.
Co-location.To affix additional antennas on an existing tower that may include the placement of support ground equipment.
Common open space.A parcel or parcels of land, or an area of water or combination of land and water within a site designed and intended for the use and enjoyment of a defined group of residents and owners (e.g., of a planned development project). Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners. (See section 4450.)
Communications tower.Includes all structures and accessory facilities relating to transmitting, receiving, reflecting or any other event or action associated with the use of the radio frequency spectrum or other frequencies associated with wireless communications. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay facilities, telephone transmission facilities, and private and commercial mobile radio service facilities. A communications tower may include, but is not limited to, any of the following structures, singularly or in concert:
(2) Stealth towers, where a tower is concealed within another structure.
(3) A cylindrical steel structure, sometimes referred to as monopole, similar in appearance to a light pole, used to support antennas.
Community residential center.A publicly or privately operated use providing housing and care for individuals legally confined. Such use is historically described to include, but not limited to, prisons, jails, boot camps and similar uses.
Compatible land use.Includes any use of land adjacent to an airport that will protect the owners, occupants or users of the land from levels of noise or vibrations created by the operations of the airport, including the taking off and landing of aircraft, that may endanger the health, safety or welfare of the owners, occupants or users of the land and protect airport users from airport hazards.
Comprehensive plan.A comprehensive long-range plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations and proposals for the community’s population, economy, housing, transportation, community facilities and land use.
Condominium.A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
Conical surface.A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
Contiguous.Next to, abutting, or touching and having a boundary, or portion thereof, which is coterminous. (See “abutting”.)
Convalescent services.A use providing bed care and in-patient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services, and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease.
Convenience store.A retail establishment in which goods requiring no processing are normally bought in small lots in which accumulation and checkout time is minimal. Gasoline may be sold as an accessory use.
Convention center.A building or portion thereof designed to accommodate the assembly of large numbers of people.
Cul-de-sac.A turnaround at the end of a dead-end street.
Curb.A stone or concrete boundary usually marking the edge of the roadway or paved area.
Curb cut.The opening along the curbline at which point vehicles may enter or leave the roadway.
Day care center, limited.A facility or use of a building or portion thereof that provides care for less than 24 hours a day for six or fewer individuals. Care for an additional six individuals may be provided if the facility qualifies as a registered family home or group day care home as permitted by the Texas Department of Human Resources. This term includes nursery schools, preschools, day care centers for children or adults and similar uses but excludes public and private primary and/or secondary educational facilities. (Note: If facility is operated as a home occupation, see section 5100 for additional restrictions.)
Deed.A legal document conveying ownership of real property.
Density.The relationship of dwelling units or rooms to the area of the lot or tract upon which a residential structure is located or erected.
Discontinuance of use.To cease or discontinue a use or activity, excluding temporary or short-term interruptions to a use or activity during periods of restoring, remodeling, maintaining, or otherwise improving a facility, or normal, seasonal cessation of a use, or other temporary cessation resulting from a change of use.
Donation box.Any box, container, building, enclosed trailer, or other receptacle that is intended for use as a collection point for donated clothing or other donated household materials. See Exh. A: Donation boxes; Zoning Districts Map, following section
3610.
Drive-through/drive-in use.An establishment which by design, physical facilities, or service, encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
Driveway.A permanently surfaced (asphalt, similar surfaces, or other previously approved similar surface) area providing vehicular access between a street and an off-street parking or loading area.
Dwelling, duplex or two-family.A building containing two dwelling units joined at one or more sides by a party wall, roof or abutting separate walls, each having a single front entrance and being otherwise indistinguishable from a one-family dwelling in exterior appearance.
Dwelling, multifamily.A building containing three or more dwelling units. The term includes cooperative apartments, condominiums, and the like. For the purpose of these regulations, regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods less than one week shall be considered a hotel.
Dwelling unit.A residential unit other than a mobile home providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, and cooking.
Dwelling, zero lot line.A dwelling which is located on a lot where the building limit line on one side is zero. (See section 5200.)
Easement.A privilege or right of use or enjoyment granted on, above, under, or across a particular tract of land by the owner.
Eaves.The lower borders of a roof that overhang the wall.
Exterminating service.Services related to the eradication and control of rodents, insects, and other pests with incidental storage on lots other than where the service is rendered.
Fabrication and assembly.The manufacturing from standardized parts of a distinct object differing from the individual components.
Facade.The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
Factory-built house.A dwelling unit that is constructed and assembled at a factory and transported to the building’s site and placed on a prebuilt foundation.
Family.Any number of individuals related by blood, marriage or adoption; or any number of individuals not related by blood, marriage or adoption living together and who meet the indicias for a functional and factual family equivalent.
Fence.A structure erected to enclose and screen areas of property.
Fence, privacy.A fence constructed of masonry and/or wood having a minimum height of six feet.
Firearm.Any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.
Flea market.A collection or group of outdoor stalls, booths, tables or other similar arrangement, used by individual vendors, for the display and sale of various items of new or used merchandise. The hours of operation for flea markets shall be limited to no earlier than 6:00 a.m. and no later than 12:00 midnight. All merchandise for sale shall be displayed in an approved all-weather structure, or may be temporarily displayed in the open air for a period not to exceed 72 consecutive hours.
Floor area.The total square footage of all floors in the building measured to the outside faces of exterior walls or to the line of an omitted wall, whichever includes the largest area.
Floor area ratio.The ratio between the total square feet of floor area and the total square feet of land in the lot.
Fraternity or sorority house.A dwelling or dwelling unit maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an academic or professional college, university or other institution of higher learning.
Freight hauling.Establishments engaged in undertaking the transportation of goods from shippers to receivers for a fee.
Front yard, residential.An area defined as the area across a lot bounded by the front lot line, the front yard line, and the side lot lines.
Frontage, streets.The length of all property on one side of a street between two intersecting streets measured along the line of the street, or if the street is a dead end, then the length of all property abutting on one side between an intersecting street and the end of the dead-end street.
Funeral home.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.
Garage sales.Periodic sale of used merchandise conducted at a residence. (See section
5130.)
Grade.The average elevation of the highest and lowest elevation measured at the finished surface of the ground at any of the exterior corners of the building or structure.
Habitable.Housing units that have windows and doors installed, do not have holes in the exterior sides, roof or flooring of the unit, are not boarded up, and meet the city’s minimum housing standards, as may be amended.
Habitable space.Those spaces within the exterior walls of a dwelling which are intended for living purposes which include sleeping, eating, cooking, recreation, or a combination thereof, excluding areas in any accessory structure attached to any dwelling (i.e., garage, storm shelter, unfinished basement).
Hazard to air navigation.An obstruction determined to have an adverse effect on the safe and efficient utilization of the navigable airspace.
Hazardous material.Includes, but is not limited to, inorganic mineral acids of sulphur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal, tar acids such as phenol and cresols and their salts; and all radioactive materials.
Heavy machinery sales and service.A building or open area, other than a public parking area or right-of-way used for the display, sale, rental and storage of heavy equipment.
Height.For the purpose of determining the height limits in all zones set forth in this provision and shown in the AICUZ study, zoning ordinance or maps, the datum shall be mean sea level elevation unless otherwise specified. (Pertains to airport zoning.)
Historic district.A geographically definable area which possesses significant concentration, linkage, or continuity of buildings, structures, sites, areas, or land, which in turn are united by architectural, historical, archaeological, or cultural importance or significance.
Homeowners’ association.An incorporated nonprofit organization operating under recorded land agreements through which:
(1) Each lot owner in a planned development or other described land area is automatically a member; and
(2) Each lot is automatically subject to a charge for a proportionate share of expenses for the organization’s activities, such as maintaining common property.
Horizontal surface.A plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zones.
Hospital.A legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients.
Hotel.An establishment where lodging is provided for compensation other than in dwelling units. Unless otherwise specified by district regulations, hotels may serve meals to both occupants and others. For purposes of these regulations, the term “hotel” shall be construed to include a motel.
Household care facility.A dwelling unit which provides residence and care, 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. 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.
Imaginary surface.Includes an approach or departure zone or surface, transition, conical or horizontal zones or surfaces as defined herein.
Indoor sports and recreation.Uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, and indoor racquetball courts. See section
5905 for coin-operated amusement machines establishment regulations.
Industrial park.A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
In-fill housing.Housing installed or built on a lot which may have been previously occupied by another structure, and/or which may be located within an area occupied by other housing units.
Instrument runway.Existing or planned runway(s) of at least 4,000 feet for which there is or is planned to be an instrument landing procedure published by a defense agency of the federal government or by the Federal Aviation Administration.
Kennel.Any premises, except where accessory to an agricultural use, where six or more dogs, cats, or other domesticated pets are kept. (See chapter
14, Wichita Falls Code of Ordinances.)
Landfill.An area of land used for solid waste disposal in which refuse is buried underground between layers of dirt or fill material.
Landing area.The surface area of the airport used for landing, take-off or taxiing of aircraft.
Landowner.The legal or beneficial owner or owners of the land. The holder of an option or a purchase contract by other persons having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this ordinance.
Landscape.An expanse of natural scenery or the addition of lawns, trees, plants, and other natural and decorative features to land.
Land use.A description of how land is occupied or utilized.
Land use plan.A plan showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes.
Library, public.A collection in which literary, musical, artistic or reference materials (books, manuscripts, films) are kept for use by the general public.
Light manufacturing.A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and accessory storage, sales and distribution of such products, but excluding basic industrial processing.
Loading space.An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.
Local street.A street which is intended primarily to serve traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.
Lot.A parcel of land described and recorded as a lot in the records of the county, or in the event any lot or lots of land acreage as recorded are subdivided or cut up into smaller or different parcels of land, or in the event any parcel of such lot or lots of land acreage is used for the purpose of placing on any such parcel a principal building and its accessory buildings, each such parcel of land shall become a separate lot for the purposes of this ordinance, and the boundaries of each such lot shall be determined and defined so as to contain sufficient area to include the principal building and its accessory buildings to be erected thereon and the open spaces required under this ordinance.
Lot area.The square foot area of a lot within the bounding property lines and exclusive of dedicated streets and alleys. (See section 4100.)
Lot, corner.A lot situated at the junction of two or more streets.
Lot coverage.That portion of the lot that is covered by buildings and structures.
Lot depth.The horizontal distance measured from the front lot line to the rear lot line.
Lot frontage.The length of the front lot line measured at the street right-of-way line.
Lot line.A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
Lot width.The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
Lumberyard.A site used for the storage, wholesale, and limited retail sales of lumber. This does not include business enterprises which sell home improvement supplies and lumber on a predominantly retail basis.
Manufactured housing.Refers to a HUD-code manufactured home constructed on or after June 15, 1976, according to rules of the U.S. Department of Housing and Urban Development established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (Act), and which is further defined and referenced under Texas Occupations Code sec. 1201.001 et seq. This term does not include those situations where the housing unit has been modified or provide[d] openings or a pass-through not originally provided by the factory where the housing unit is subject to construction and safety inspection for HUD-code compliance; nor has received inspection and approval of such modifications by an inspector certified under the Act to perform such inspections. Housing units so modified without such inspections shall thereafter be subject to applicable city building codes which may thereafter apply to the entire unit.
Manufactured housing park.A parcel of land, under single ownership, on which two or more manufactured homes or mobile homes in the aggregate are located and occupied as permanent dwelling units; and which may or may not allow for temporary use vehicles.
Manufactured housing subdivision.An area of not less than four acres so designated for the purpose of subdividing land into residential lots to be sold for the use of manufactured housing.
Marquee.Any hood, canopy, awning or permanent construction which projects from a wall of a building, usually above an entrance.
Medical office.An office of one or more medical doctors, dentists or similar members of the medical profession.
Metes and bounds.A method of describing the boundaries of land by directions and distances from a known point of reference.
Mine.(1) A cavity in the earth from which minerals and ores are extracted;
(2) The act of removing minerals and ores.
Mining and excavation.The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. This term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine site or as part of a mining activity.
Mini-warehouse.A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. (See “self-storage facility”.)
Mixed use development.The development of a tract of land or building or structure with two or more different uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment, in a compact urban form.
Mobile home.A structure other than a site-built house or manufactured home constructed prior to June 15, 1976. This term shall not be interpreted to include modular housing as defined and regulated by the state as industrialized housing, travel trailers, motorized homes or other such units designed or intended as temporary and/or recreational housing units.
Motel.A building or group of buildings developed as an integral unit in which there are:
(1) Guest rooms for living or sleeping accommodations which are primarily for transient occupancy and which may be rented on a daily basis;
(2) Desk or lobby service, telephone, maid, linen room, and similar services; and
(3) Individual entrances from outside the building(s) to serve each individual living or sleeping unit.
Motor vehicle salvage yard.Any outdoor storage yard used for the deposit of dismantled or junked motor vehicles or any outdoor storage yard used for the deposit of any discarded material which has been a part of or is intended to be a part of any motor vehicle.
Neighborhood.A contiguous area containing residences which are of similar size, age, and construction style and sharing a common street system. Neighborhoods are defined by major streets, natural boundaries, subdivision boundaries or zoning districts.
Noise.Any undesired audible sound.
Nonconforming development.A parcel of land, improvement or use that was lawful prior to the enactment of this ordinance, effective May 23, 1985, or any amendment thereto, but that does not conform to the provisions of this ordinance except for the provisions of section 6100.
Nonconforming parcel.A parcel of land that is not in conformance with the Code of Ordinances or is not in conformance with provisions contained in this ordinance. Nonconformity may include lot size, frontage or lot width, or other conditions related to the area or width of a parcel or development of the parcel. This definition shall not be interpreted to mean a parcel which was established contrary to regulations contained under appendix
A of the Code of Ordinances, or within this ordinance since the rezoning of property or since zoning was enacted in the city unless a variance to such regulations has been lawfully obtained. Such a parcel developed contrary to regulations in the Code of Ordinances shall be an illegal parcel.
Nonconforming site elements.Site elements are those elements which are ancillary to a use, structure or parcel which include, but are not limited to parking number and layout, provision of required handicapped parking, landscaping and irrigation, signage, free-standing or attached canopies or awnings, ingress and egress points and curb cut location(s), site circulation patterns compatible with the use and/or mixture of uses, outdoor lighting, and similar elements, features or provisions.
Nonconforming structure.A structure which is not in compliance with this ordinance as it relates to lot coverage, height, setback and other provisions which are intended to regulate the size, location or other element relating to the structure or placement of a structure. This definition shall not be interpreted to include building codes.
Nonconforming use.With respect to any provision of this appendix other than airport zoning, a legal use which is not a permitted use in that zoning district and which existed prior to the enactment of zoning within the city or a rezoning within a zoning district. The term “nonconforming use” may also apply to nonconformance with regulations which apply to parking, landscaping and signage requirements as applied to the current use which is in itself nonconforming. This definition shall not be interpreted to mean a use which was established since the rezoning of property or since zoning was enacted in the city, and is not permitted in that zoning district, not authorized by a conditional use permit, or which has not obtained a waiver of this ordinance from the city council, such use is an illegal use.
Nonconforming use.Only with respect to airport zoning, any structure or use of land which was inconsistent with these provisions on October 31, 1982, or amendments thereto. (Pertains to airport zoning.)
Nonprecision instrument runway.A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been planned or approved.
Nuisance.An interference with the enjoyment and use of property.
Nursery.Land used to raise and store flowers, trees, shrubs and plants for sale, which may also contain a structure for maintenance of the property.
Obstruction.With respect to any provision of this appendix other than airport zoning, any dam, wall, wharf, embankment, levy, dike, pile, abutment, projection, excavation, channel, rectification, bridge, culvert, conduit, building, wire, fence, rock-, gravel-, refuse-filled structure, which may impede, retard or change the direction of the flow of water, either itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life and property.
Obstruction.Only with respect to airport zoning, any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in this provision. (Pertains to airport zoning.)
Office.A room, studio, suite, or building or any part thereof in which a person provides professional services. This definition shall not include business and personal services. Additionally, this definition shall not include offices which are related to and accessory to other on-site uses. An office shall not involve on-site manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods and products; or the sale and delivery of any materials, goods or products which are physically located on the premises. Furthermore, an office shall not be used as a place of congregation for work off the premises.
Off-street parking space.A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
Open space.Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
Open space ratio.Total area of open space divided by the total site area in which the open space is located.
Openings for light and air.Any window, window wall, or glass located in the building, but not including doors which are used only for ingress and egress.
Outdoor display.An area on public sidewalks used for display incidental and accessory to a primary use on the same lot and in close proximity of the primary use building or lease space. Outdoor display areas shall abut and be contiguous or align in-front of the primary use selling such merchandise. An encroachment agreement is required for outdoor display on public sidewalks (see sections 3980–3986).
Outdoor entertainment and recreation.Recreational uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and outdoor racquetball courts.
Outdoor food court.An established lot or parcel of land with facilities allowing two or more mobile food establishments to be parked on the property for the purpose of vending on that property.
Outdoor seating.Seating not enclosed, but which may include a roof, awning or other such cover.
Outdoor storage.Any material, vehicle or equipment that has been used, damaged or partially dismantled and is:
(1) Stored outside indefinitely; or
(2) Held outside as inventory for future sale, processing or use.
Such articles include, but are not limited to, inoperable motor vehicles or motor vehicle parts, appliances, boxes, crates, pipe or pipe fittings, paper, metal, tires, toys, concrete blocks, bricks, furniture, fixtures, machinery, motors, lumber, buildings or portions of buildings, building materials, barrels or clothing. |
Owner.An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.
Park.A tract of land designated and used by the public for active and passive recreation.
Parking area.Any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways and legally designated areas of public streets.
Parking facility.An area or structure devoted to the parking or storage of automobiles for a fee.
Parking space.A space for the parking of a motor vehicle within a public or private parking area.
Party wall.A common shared wall between two separate structures, buildings, or dwelling units.
Permit.Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
Permitted use.Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Person.An individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.
Planned unit development (PUD).A development of land which is planned and developed as a whole in a single development operation or programmed series of development, and which includes streets, utilities, lots or building sites, and which indicates all structures and their relationship to each other and to adjacent uses and improvements, as well as open spaces. A planned unit development may consist of dwelling units and detached, semidetached, attached or multifamily structures or any combination thereof and may also include nonresidential uses such as religious, cultural, recreational, commercial, or industrial uses, compatibly and harmoniously incorporated into the unitary design of the planned unit development. A PUD may utilize private streets with dedicated easements for access and utilities, and open spaces owned and maintained by a homeowners association, some other form of governing body or by the property owners.
Planned Unit Development - Commercial Use (PUD-CU).A PUD-CU district is primarily intended for heavy commercial uses up to heavy industrial uses. Careful consideration will be given to commercial and industrial uses, and their impacts on adjacent land uses and districts. The proposed uses will be required to meet environmental standards to protect soil, air, and water from potential adverse impacts and pollutants from the proposed uses. For a PUD-CU there shall not be a minimum acreage requirement.
Planned Unit Development - Mixed Use (PUD-MU).A PUD-MU district is primarily for medium residential to limited commercial uses offering specialized developments offering a mix of residential forms consisting of single family detached to multifamily and commercial uses convenient to servicing the residential community in a live, work, and play development. For a PUD-MU there shall be no minimum acreage requirement.
Planned Unit Development - Residential Use (PUD-RU).A PUD-RU district is primarily for the low to medium density development of unique forms of detached single-family housing utilizing individually platted lots. A PUD-RU development utilizes the total space within a development by creating common open spaces, scenic and recreational areas, and other spaces, which will compensate for the reduction of land area dedicated for the residential structure. A minimum acreage for a PUD-RU shall be a lot or designated district boundary of no smaller than 1.5 acres, not to include rights-of-way.
Plat.A “plat” shall refer to both preliminary and final plats and shall be determined by the section in which it appears.
Plat, final.A plat prepared by a licensed surveyor and submitted to the Planning and Zoning Commission for final approval which is duly acknowledged by its owners or proprietors of the land in the manner required for the acknowledgement of deeds and which is to be filed for record in the office of the county clerk of the county or counties in which the land lies.
Plat, preliminary.A tentative drawing made by a licensed surveyor for inspection purposes only, showing the entire tract of land sought to be subdivided, accurately describing all of said subdivision or addition by metes and bounds, locating the same with respect to an original corner of the original survey of which it is a part and giving the dimensions thereof of said subdivision or addition, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto.
Porch.A roofed space open on three sides, one or more stories in height.
Precision instrument runway.A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is indicated on an approved airport layout plan or other planning document.
Premises.Any lot or unplatted tract, or any combination of contiguous lots or unplatted tracts held under single ownership.
Primary surface.A surface longitudinally centered on a runway. Where the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each [end] of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed under section 6400 of appendix
B of the Code of Ordinances, for the most precise approach existing or planned for either end of that runway.
Primary use.A use which fulfills a primary function of a household, establishment, institution or other entity.
Private recreational areas, limited.Outdoor and indoor recreational areas designed to meet the needs of a residential neighborhood, and intended primarily to be used by the residents of that neighborhood.
Public right-of-way.A strip of land acquired by reservation, dedication, prescription or condemnation, and used or intended to be used as a public use.
Recreational vehicle.A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on or towed by another vehicle. The basic entities may include, but are not limited to, a camping trailer, fifth wheel trailer, motor home, travel trailer, and truck camper.
Refinery.A building and equipment for refining metals and oil.
Religious assembly.Places of worship and activity where people gather. A property tax exemption obtained pursuant to the Property Tax Code of the state shall constitute prima facie evidence of religious use.
Repair services.Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment services use types. Typical uses include appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.
Residence.A home, abode or place where an individual is actually living at a specific point in time.
Residential character.Refers to the appearance and nature of a residential area. Specifically showing no commercial intrusion, home occupations which do not attract attention, a high degree of maintenance and yard care and limited outdoor storage.
Residential use.Shall refer to such uses as single-family attached or detached dwellings, apartment complexes, condominiums, townhouses, duplexes, mobile/manufactured homes, nursing homes, retirement communities, or similar uses characterized by the long-term occupancy of a dwelling, as opposed to uses characterized by a short-term or transient nature, such as hotels, motels, halfway houses, RV parks or other such facilities and other such uses.
Residential zoning district.Shall refer to any zoning district which, as a permitted use, allows a residential use as defined herein, but which excludes the general commercial (GC) zoning district.
Restaurant.An establishment where food and drink are prepared, served and consumed primarily within the principal building.
Restaurant, limited.A business engaged in the serving of prepared foods which are served and primarily consumed on site and is contained within an area of not more than 1,200 square feet. Such enterprises may include, but are not limited to, salad bars, sandwich shops, ice cream parlors, tearooms, and similar uses.
Restriction.A limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.
Retail warehousing.Warehousing of inventory to include, but not be limited to, appliances, parts, home furnishings, showrooms or other such areas not generally accessed by the public or where there is provided areas for the display of products or merchandise which normally require specialized equipment for moving.
Rezone.To change the zoning classification of particular lots or parcels of land.
Right-of-way.(1) A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, and other similar uses;
(2) Generally, the right of one to pass over the property of another.
Roof.The outside top covering of a building.
Runway.A defined area on an airport prepared for landing and take-off of aircraft along its length.
School, primary.Includes grades one through six and may or may not include a kindergarten.
School, secondary.Includes grades seven through 12, popularly known as junior and senior high schools.
Screening.A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
Service, business.Establishments primarily engaged in rendering services to business establishments on a fee or contract basis (e.g., janitorial, fax, lawn care, etc.).
Service, personal.Establishments primarily engaged in providing services involving the care of a person or his apparel (e.g., laundering facilities, dry cleaners, photography studio, beauty/barber shop, shoe repair, reducing salons, tailor, etc.).
Services.Establishments primarily engaged in providing services for individuals, business and government establishments and other organizations.
Setback.The minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
Setback area.Shall be the area between the property line and the minimum building setback as established by the zoning district in which the lot is located or which is according to a final plat filed for record with the county.
Setback, front.The distance extending for the full width of the lot between the front lot line and the front wall of the structure.
Setback, rear.The distance between the rear lot and the rear wall of a primary structure, and bounded on both sides by the side setbacks.
Setback, side.The distance between the side property lines and the side wall of a structure and bounded by the front setback line and rear lot line. Any lot line which is not a front or rear lot line is a side lot line. Where a lot has only three lot lines, those lot lines which do not front on a street shall be deemed as side lot lines.
Shooting range (indoor).A facility which is completely enclosed within a building or structure for the use of archery and/or discharging of firearms (i.e., handgun, pistol, rifle, shotgun) for the purposes of target practice, marksmanship training, league shooting, or temporary competitions. Designed to prevent a projectile fired from a firearm at a target from going beyond the boundaries of the area, by use of a backstop or other barrier that is designed to completely stop the projectile or prevent a potentially dangerous ricochet.
Shooting range (outdoor).A recreational facility designed and constructed for the practice of and teaching of archery and/or marksmanship and discharging of firearms using live ammunition for the purposes of target practice, silhouette, skeet and trap shooting, black powder, self-defense, temporary competitions or similar recreational and/or professional shooting.
Shopping center.A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
Sign.Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illuminations or projected images. This definition shall not include the national and state flag.
Single-family dwelling.“Single-family dwelling,” as the term is used herein, is not intended to discriminate between the various types of dwellings that may be used by a single family. This term, as used herein, shall be used to differentiate between site-built housing subject to city-adopted building codes and other housing types that could function as a single-family residence.
Site.Any plot or parcel of land or combination of contiguous lots or parcels of land.
Site plan.A plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and principal site development features, including parking, access, and landscaping and screening, and uses proposed for a specific lot or site or parcel of land.
Stable.A structure with a capacity for more than two horses or mules.
Stand.A specific area within a recreational vehicle park that is set aside for use by a recreational vehicle.
Stockyards.Stockyards and commercial feedlots shall be defined, for the purposes of this section, as confined areas for feeding and/or holding of certain animals, such as cattle, swine, sheep and goats.
Story.That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling.
Street line.A dividing line between a lot, tract, or parcel of land and a continuous street.
Structural alteration.Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
Structure.With respect to any provision of this appendix other than airport zoning, a “structure” may be a building, derrick, silo, elevator, electrical transmission tower, exhaust stack, light standard, pole or similar such use.
Structure.Only with respect to airport zoning, an object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines. (Pertains to airport zoning.)
Structure.A facility that operates a program in which a person/company:
(1) Provides alcohol-free or drug-free housing;
(2) Promotes independent living and life skills development; and
(3) Provides structured activities for recovery from substance abuse disorders in a supervised setting to a group of unrelated individuals who are:
A. Recovering from alcohol or drug addiction;
B. Receiving outpatient behavioral health services for substance abuse or addiction treatment while residing in the program's home.
Subdivision.The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.
Substantial improvements.An improvement which increases the floor area of an existing structure by more than 50 percent or represents an investment of greater than 50 percent of the present market value of the existing structure.
Supermarket.A retail establishment primarily selling food as well as other convenience and household goods.
Swimming pool.A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.
Temporary use vehicles.A travel trailer or recreational vehicle manufactured by recognized manufacturers of such vehicles, but shall exclude tent trailers and similar such units.
Townhouse.A single-family dwelling unit constructed in a series or group of not less than three contiguous units, but limited in this ordinance to a maximum of ten contiguous units.
Trailer park or court.A unified development designed to supply parking and utility connections for travel trailers, motor homes, and other transient residential trailers/vehicles.
Transitional surfaces.“Transitional surfaces” extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontal for each foot vertical from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which projects through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.
Travel trailer.A transportable, factory-built structure, which in the traveling mode is less than eight body feet in width and less than 40 body feet in length and designed as a temporary use dwelling unit.
Trucking facility.A building or area in which freight brought by a motor truck is assembled and/or stored for shipping interstate and intrastate commerce by a motor truck.
Use.The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
Utility, service.(1) Any agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service;
(2) A closely regulated private enterprise with an exclusive franchise for providing a public service.
Veterinary services.An establishment where animals and pets are admitted for examination and treatment.
Warehouse.A building used primarily for the storage of goods and materials.
(Ordinance 28-86, sec. 7, adopted 4/1/86; Ordinance 76-87, sec. 1, adopted 8/18/87; Ordinance 23-88, sec. 1, adopted 3/1/88; Ordinance 39-88, sec. 2, adopted 3/15/88; Ordinance 64-88, sec. 2, adopted 5/31/88; Ordinance 92-88, sec. 1, adopted 8/2/88; Ordinance 30-89, sec. I, adopted 5/2/89; Ordinance 27-90, sec. 7, adopted 5/1/90; Ordinance 81-90, sec. 3, adopted 12/6/90; Ordinance 31-91, sec. 1, adopted 4/2/91; Ordinance 109-92, adopted 12/1/92; Ordinance 158-93, sec. 2, adopted 12/21/93; Ordinance 74-94, sec. 2, adopted 5/17/94; Ordinance 75-96, sec. 1, adopted 6/4/96; Ordinance 95-96, secs. 1, 2, adopted 7/2/96; Ordinance 70-97, sec. 1, adopted 8/5/97; Ordinance 35-98, secs. 1, 2, adopted 4/21/98; Ordinance 66-99, sec. 1, adopted 7/20/99; Ordinance 71-2000, sec. 3, adopted 7/5/00; Ordinance 103-2000, sec. 2, adopted 10/3/00; Ordinance 32-2001, secs. 2, 3, adopted 4/3/01; Ordinance 45-2001, sec. 1, adopted 5/1/01; Ordinance 95-2001, sec. 2, adopted 10/2/01; Ordinance 96-2001, sec. 1, adopted 10/2/01; Ordinance 2-2002, sec. 1, adopted 1/3/02; Ordinance 53-2002, sec. 2, adopted 7/16/02; Ordinance 62-2003, sec. 1, adopted 7/1/03; Ordinance 78-2006, sec. 3, adopted 9/19/06; Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 43-2016 adopted 11/1/16; Ordinance 44-2016 adopted 11/1/16; Ordinance 51-2018, sec. 3, adopted 10/2/18; Ordinance 19-2019, sec. 1, adopted 6/4/19; Ordinance 30-2022 adopted 8/16/2022)