ACCESS EASEMENT, PRIVATE COMMON. An area created by plat or separate instrument filed with the office of the county clerk other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of providing free passage of vehicles.
ACCESSORY BUILDINGS. As follows.
(1) ACCESSORY BUILDING, HABITABLE. A subordinate building on the same premises as a principal building for exclusive use for accessory uses as defined in “Accessory Uses,” containing habitable space for living, sleeping or eating.
(2) ACCESSORY BUILDING, NON-HABITABLE. A subordinate building on the same premises with a principal building for exclusive use for accessory uses as defined in “Accessory Uses,” including, but not limited to, private workshops and storage sheds located on residential lots.
ACCESSORY USE. A use which is clearly incidental to the use of the principal building or the primary use of the property and which is located on the same premises as the primary use.
ACCIDENTAL POTENTIAL ZONE I (APZ-I ). The rectangular area beyond the clear zone which still has a measurable potential for aircraft accidents relative to the clear zone and is 3,000 feet in width by 5,000 feet in length.
ACCIDENT POTENTIAL ZONE II (APZ-II). The rectangular area beyond the APZ-I which has a measurable potential for aircraft accidents relative to APZ-I or the clear zone and is 3,000 feet in width by 7,000 feet in length.
ACHROMATIC. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, ACHROMATIC is colorless or lacking in saturation or hue. The term includes, but is not limited to, grays, tans and earth tones. The term does not include black or any bold coloration that attracts attention.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” or “specified anatomical areas” as defined herein.
ADULT BOOKSTORE AND ADULT VIDEO STORE. A commercial establishment that as one of its principal business operations offers for sale or rental for any form of consideration one or more of the following:
(1) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” or “specified anatomical areas;” or
(2) Instruments, devices or paraphernalia, which are designed for use in connection with “specified sexual activities.” This does not include items used for conception control or for protection from sexually transmitted diseases.
ADULT ENTERTAINMENT CABARET. A nightclub, bar, lounge or similar commercial establishment that provides or features to customers live performances by employees or entertainment personnel which is intended to provide sexual stimulation or sexual gratification to customers and are distinguished or characterized by any one or more of the following:
(1) An emphasis on the exposure of “specified anatomical areas;”
(2) An emphasis on “specified sexual activities;”
(3) An emphasis on “semi-nudity,” “nudity,” “state of semi-nudity” “state of nudity” or “simulated nudity;” or
(4) A combination of any of the above.
ADULT MOTEL. A hotel, motel or similar commercial establishment that rents or otherwise permits a room to be occupied by the public in exchange for any form of consideration, that:
(1) Offers accommodations to the public, tenant or occupier of the room for any television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” and/or “specified anatomical areas;” and has a sign visible from the public right-of-way or otherwise advertises the availability of this type of adult accommodations to the public;
(2) Offers a sleeping room(s) for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment which regularly features non-live performances or entertainment such as films, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities and/or “specified anatomical areas.”
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or features live performances which are distinguished or characterized by an emphasis on the exposure of “specified anatomical areas” or by an emphasis on “specified sexual activities.”
AD VALOREM TAX LIMITATION. For purposes of the Historic Preservation Ordinance, AD VALOREM TAX LIMITATION means a program established by law under which the total amount of taxes that may be assessed by the City would be capped or frozen based on actual taxes paid in a qualifying year. For purposes of determining taxes to be paid in a qualifying year, other applicable property tax exemptions, such as a homestead exemption, will be applied but the historic site tax exemption would not.
ADVERSE EFFECT. For purposes of the Historic Preservation Ordinance, ADVERSE EFFECT means a direct or indirect effect on the significance or integrity of a historic property that is or would be caused by an action. An indirect effect may be caused by an action but may occur later in time or farther removed in distance but is still reasonably foreseeable.
AICUZ. The air installation compatible use zone report of the Department of Defense.
AIRPORT. The Fort Worth Alliance Airport, Dallas-Fort Worth International Airport, Fort Worth Meacham International Airport, Naval Air Station Fort Worth Joint Reserve Base and Fort Worth Spinks Airport located in Tarrant, Dallas, Denton, Johnson and Tarrant Counties.
AIRPORT ELEVATION. The elevation as established in the most current approved airport layout plan set.
AIRPORT HAZARD. Any structure, tree, installation, electronic and/or visual interference, or use of land or water which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.
AIRPORT HAZARD AREA. Any area of land or water under the imaginary surfaces as established in 14 C.F.R. Part 77, “Objects Affecting Navigable Space – Imaginary Surfaces” upon which an airport hazard might be established if not prevented as provided in § 4.405.
AIRPORT HEIGHT CONTROL AREA. The space between the earth’s surface and the imaginary surfaces as established in 14 C.F.R. Part 77, “Objects Affecting Navigable Space – Imaginary Surfaces.”
AIRPORT LAYOUT PLAN. A graphic representation of the current and future airport facilities as determined from the review of the aviation forecasts, facility requirements and alternatives analysis.
ALLEY. A right-of-way that affords only a secondary means of access to adjacent property.
AMUSEMENT REDEMPTION MACHINE.
(1) Any electronic, electromechanical or mechanical contrivance, including sweepstake machines, designed, made and adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill affords the user, in additional to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys or novelties, or a representation of a value redeemable for those items and is in compliance with Tex. Penal Code § 47.01(4)(b).
(2) AMUSEMENT REDEMPTION MACHINE does not include:
a. A machine that awards the user non-cash merchandise prizes, toys or novelties solely and directly from the machine, including claw, crane or similar machines; nor
b. A machine from which the opportunity to receive non-cash merchandise prizes, toys or novelties, or a representation of value redeemable for those items, varies depending upon the user’s ability to throw, roll, flip, toss, hit or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Tex. Business and Commerce Code § 43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise.
ANTENNA. Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, excluding satellite dish antennas and antennas accessory to residential uses. ANTENNAS ANCILLARY TO RESIDENTIAL USES shall mean television antennas and amateur radio equipment not used for commercial purposes, including ham radio and CB equipment.
APARTMENT. A room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of one family or group of individuals living together as a single housekeeping unit.
APPLICANT.
(1) For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, APPLICANT is:
a. A person in whose name a specialized certificate of occupancy to operate a sexually oriented business will be issued;
b. Each individual who signs an application for a sexually oriented business as required by this section;
c. Each individual who is an officer of a sexually oriented business for which a specialized certificate of occupancy application is made, regardless of whether the individual’s name or signature appears on the application;
d. Each individual who has a 20% or greater ownership interest in a sexually oriented business for which a specialized certificate of occupancy application is made, regardless of whether the individual’s name appears on the application; and
e. Each individual who exercises substantial de facto control over a sexually oriented business for which a specialized certificate of occupancy application is made, regardless of whether the individual’s name or signature appears on the application.
(2) For purposes of the Historic Preservation Ordinance, an APPLICANT is a property owner, or a designated and duly authorized representative or agent of the property owner, that submits an application pursuant to the Historic Preservation Ordinance; provided, however, that when the city submits an application, it is not necessary for it to be the property owner.
AQUAPONICS. The combination of aquaculture (farming of aquatic species) and hydroponics (plants) to grow food crops or ornamental crops and aquatic species together in a recirculation system without discharge or exchange of water.
ARCHEOLOGY. The science or study of the material remains of past life or activities and physical site, location or context in which they are found, as delineated in the Department of the Interior’s Archaeological Resources Protection Act of 1979.
ASSISTED LIVING FACILITY. A facility providing responsible adult supervision of or assistance with routine living functions of an individual in instances where the individual’s condition necessitates that supervision or assistance.
AUTOMOBILE. All passenger cars, as well as light-duty trucks, vans and sport utility vehicles.
AUTOMOBILE SALES AREA. An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars or sale or keeping of used car parts or junk on the premises is allowed.
AWNING/CANOPY. A wall mounted, cantilevered structure providing shade and cover from the sun.
BALCONY. A cantilevered platform projecting from the wall of an upper-story of a building with a railing along its outer edge, often with access from a door or window.
BASEMENT. A story below the first story as hereinafter defined. See also STORY.
BASE-YEAR TAXABLE VALUE. For purposes of the Historic Preservation Ordinance, the BASE-YEAR TAXABLE VALUE means the taxable value of a structure, and the land necessary for access to and use of the structure, on the city's certified appraisal roll as of December 31 of the year prior to the date upon which the HPO determines that an application for a historic site tax exemption is complete. For avoidance of doubt and consistent with state law, "taxable value" as used herein means a property's appraised value less all applicable property tax exemptions.
BED AND BREAKFAST HOME. A property with an existing structure as of December 1, 1993, that is designed for and occupied as a one-family residence providing overnight accommodations to transient guests. The structure serves as the primary residence or homestead of its owner-operator with the bed and breakfast home considered to be an accessory use and not the primary use of the property. The person who owns the property must also be the operator of the establishment.
BED AND BREAKFAST INN. A property providing overnight accommodations to guests operated by an owner and/or operator, with premises being a commercial enterprise. This term excludes any bed and breakfast home.
BELT COURSE. A horizontal course of brick or stone flush with or projecting beyond the face of a building.
BICYCLE PARKING SPACE. Parking accommodation for one bicycle to a city approved bicycle rack.
BICYCLE RACK. The city approved fixture that parks at least two bicycles and includes at least a four feet wide by six feet long dimension.
BIORETENTION AREA. Structural stormwater areas, including dry and wet swales, which capture and treat runoff using soils and vegetation in shallow basins or landscaped areas.
BLOCK. A piece or parcel of land entirely surrounded by highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the director of public works shall determine the outline of the BLOCK.
BOARDING HOME FACILITY. An establishment that:
(1) Furnishes, in one or more buildings, lodging to three or more elderly and/or disabled persons who are unrelated to the owner of the establishment by blood or marriage; and
(2) Provides community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-administration of medication to persons/residents who are capable of feeding, dressing, moving, selfevacuating, bathing and attending to other personal needs or maintenance without assistance; and
(3) Does not provide personal care services to persons/residents.
BUILDING. A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.
BUILDING FACADE. The face of a building that delineates the edge of conditioned floor space.
BUILDING, HEIGHT OF. See § 6.100.
BUILDING PERMIT. Authorization given by the City of Fort Worth to erect, construct, renovate, maintain or conduct any other specified activity on any building or structure, or on any installations or facilities therein. The term BUILDING PERMIT shall include, but not be limited to, building permits, electrical permits, mechanical permits and plumbing permits.
CALIPER. The diameter of a tree, measured at a point six inches above the ground line if the resulting measurement is no more than four inches. If the resulting measurement is more than four inches, the measurement is made at a point 12 inches above the ground line.
CAMPUS DEVELOPMENT. A campus development is defined as a unified group of buildings and/or facilities located on a contiguous parcel(s) and operated as a place of worship, school or hospital.
CARE FACILITY. An institutional use of a building or property whereby a publicly or privately funded program enables persons to receive medical, psychological, emotional or other rehabilitative care as an out-patient or live-in patient. This definition does not include those institutional uses provided for elsewhere in this ordinance, nor does it include foster care programs or community homes.
CARPORT/PORTE COCHERE, PRIVATE. An open-sided extension of the roof of the principal building, or an accessory open-sided detached building/structure on the same lot, used for the shelter or storage of occupant owned motor vehicles as an accessory use only.
CARPORT, PRIVATE. An accessory open-sided detached building/structure on the same lot, used for the shelter or storage of occupant owned motor vehicles as an accessory use only.
CAR WASH. A facility for the washing or steam cleaning of vehicles as follows:
(1) SELF-SERVICE. Facilities where a vehicle may be manually washed, sprayed, dried or vacuumed by its owner or operator with equipment provided by the facility. Typically, no employees will be on-site at the facility.
(2) AUTOMATED-SERVICE. Facilities where a vehicle is driven by the owner or operator through an automated tunnel for washing and drying but the owner or operator vacuums the vehicle with equipment provided by the facility. Minimal staff will be on-site at the facility.
(3) FULL-SERVICE. Facilities where operating functions are performed entirely by the facility with the use of washing, waxing, drying, and vacuuming equipment supplemented with manual detailing. Employees will be on site at the facility.
CERTIFICATE OF APPROPRIATENESS. For the purposes of the Historic Preservation Ordinance, a Certificate of Appropriateness is a signed and dated document evidencing the approval of the historic and cultural landmarks commission or the historic preservation officer, as appropriate, for work proposed by an owner or applicant of a historic property.
CERTIFIED LOCAL GOVERNMENT PROGRAM. A local, state, and federal government partnership to empower local communities to better protect historic properties by identifying local priorities, meeting recognized historic preservation standards and providing access to financial and technical services to further the identification, evaluation, designation and protection of buildings, sites, districts, structures, and objects.
CHIEF OF POLICE or CHIEF. The chief of the Fort Worth police department or a designee or any employee(s) of the police department assigned by him or her to perform the duties prescribed in this article.
CITY ENFORCEMENT PERSONNEL. An authorized representative of any of the following departments or divisions:
(1) Department of planning and development;
(2) Code compliance;
(3) Health department;
(4) Fire department;
(5) Police department; and
(6) Marshal’s office.
CITY FORESTER. For the purpose of tree preservation, that person or persons designated by the director of planning and development to provide administrative review and approval of urban forestry plans/permits (urban forestry compliance section).
CIVIC CLUB. See LODGE.
CLEAR ZONE (CZ). The trapezoidal area lying immediately beyond the end of the runway and outward along the extended runway center line for a distance of 3,000 feet. Dimensions are 1,500 feet in width at the runway threshold and 2,284 feet in width at its outer edge. The CLEAR ZONE represents the highest potential for aircraft accidents.
CLINIC. Offices for one or more health practitioners engaged in treating the sick or injured on an outpatient basis.
CLUSTER SUBDIVISION. A grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land area than required for isolated individual lots, with the additional area in the cluster subdivision being devoted to open space, recreation space, car spaces and access facilities in addition to required yards.
CO-LOCATION. Placement of an antenna on an existing telecommunication tower, stealth telecommunication tower, transmission tower, building, light or utility pole or water tower or other structure, where the antenna are located on the existing structure.
COMMERCIAL COPY. A message displayed on a sign which relates solely to the economic interests of the advertiser and its audience; a message pertaining to price and product advertising, goods and services.
COMMERCIAL/INSTITUTIONAL USE.
(1) For the purpose of the landscape provisions of § 6.301, the following uses are considered to be commercial/institutional:
a. Any use allowed by right in the commercial districts, including public and private schools and places of worship;
b. Private recreation facilities in manufactured housing subdivisions in the “MH” district;
c. Principal and special exception uses in the “CF” district; and
d. The following uses, which are permitted only in “PD” districts: halfway houses, gambling facilities or other operations featuring games of chance (including bingo parlors), and horse, dog and automotive racing.
(2) Uses subject to the unified residential development provisions set out in § 6.506 are not included.
COMMERCIAL MULTI-UNIT CENTER. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, COMMERCIAL MULTI-UNIT CENTER is a building or structure (including a shopping mall or strip shopping center) containing three or more separate premises, each of which is offered by lease or otherwise for separate occupancy or control and each of which occupies an enclosed area having its own door or entranceway opening onto public property, a public way or a common area.
COMMERCIAL PRINT CENTER. A commercial establishment open to the general public that is primarily involved in the electronic duplication of graphic and printed materials for personal or business use, and which also provides other products and services including, but not limited to, photocopying, electrostatic printing, laser printing, word processing services, computer generated graphics, computer aided design services, video imaging and reproduction services, on-site computer rental and on-site teleconferencing. Offset printing, or similar printing processes, shall not be permitted.
COMMERCIALLY MANUFACTURED VEHICLE. A mobile vending unit originally manufactured as a mobile food vehicle to be used for the preparation of food which was manufactured by a person regularly in the business of manufacturing mobile food vehicles for sale. Commercially manufactured shall not include any vehicle that is converted or retrofitted to be a mobile food vehicle.
COMMUNITY CENTER. A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the City of Fort Worth, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the city.
COMMUNITY GARDEN. A shared garden space managed by a public or nonprofit organization, a neighborhood association, person or group of individuals in the community, to grow plants and harvest food or ornamental crops for use by those cultivating the land and their households.
COMMUNITY HOME. A community-based residential home as defined by the Community Homes for Disabled Persons Location Act, Tex. Human Resources Code, Chapter 123. Not more than six persons with disabilities and two supervisors may reside in the community home at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another.
COMPLETE APPLICATION. For purposes of the Historic Preservation Ordinance, a COMPLETE APPLICATION is an application that contains all information required by the Historic Preservation Ordinance and all that is necessary to fully support the sufficiency of a request, including, without limitation, a full description and illustration of the nature and scope of a request, and which must include the signature of the applicant verifying the information provided.
CONVICTION. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, CONVICTION is a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state of foreign nation that has not been reversed, vacated or pardoned. CONVICTION includes disposition of charges against a person by probation.
COOKING EQUIPMENT. A stove, range or other such appliances, which requires a 220V or gas connection that is used, designed or intended to be used for the cooking and preparing of food.
CORNICE. A projecting shelf along the top of a wall, along the exterior trim at the meeting of a roof and wall, or at the uppermost division of an entablature.
COTTAGE INDUSTRY. Small scale assembly and light manufacturing of commodities (including electronics) fully enclosed within the building without producing any noise, noxious odors, gas, or other pollutants. This category shall include workshops and studios for cottage industries such as pottery, glass-blowing, metal working, screen printing, weaving.
COURTYARD. An open unoccupied space other than a yard, on the same lot with a building and which is bounded on three or more sides by the building.
CRITICAL ROOT ZONE. Area around the trunk of the tree that is equal to a radius of one foot per inch diameter measured at breast height (DBH) - four and one-half feet.
CULTURAL MOTIF. For purposes of the Historic Preservation Ordinance, CULTURAL MOTIF is a recurrent architectural element or dominant style found in the design of a building.
CUSTOMER. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, a CUSTOMER is any person who:
(1) Enters the premises and patronizes a sexually oriented business, whether or not in exchange for the payment of an admission fee or any other form of consideration, gratuity or as a guest of a member; or
(2) Purchases, rents or otherwise partakes of any sexually oriented merchandise, goods, entertainment or other services while on the premises.
DATA CENTER.
Real and personal property consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, as a service to persons other than the company operating the data center, data and transaction processing services, outsource information technology services and computer equipment colocation services, or, used primarily to provide, to a single user, including the user's affiliates, customers, lessees, vendors and other persons authorized by the user, data and transaction processing services.
DAY CARE CENTER. A facility that provides non-medical care and supervision for more than six children, elderly persons or persons with physical and/or mental disabilities. This definition does not include those uses defined as a community home.
DECKING. The surface material that forms the floor of the structure.
DEMOLITION. For the purpose of the Historic Preservation Ordinance, an act or process which destroys a site or structure in its entirety, or which destroys a part of a site or structure and permanently impairs its structural, historic or architectural integrity.
DEMOLITION BY NEGLECT. For purposes of the Historic Preservation Ordinance, DEMOLITION BY NEGLECT is the consistent failure to maintain a structure that causes, or is a substantial contributing factor of, the deterioration of building materials to such an extent that the structure is no longer safe or its rehabilitation is no longer feasible, ultimately leading to its demolition.
DEVELOPMENT PLAN. For the purposes of Chapter 4, § 4.202, Manufactured Home (“MH”) District, a graphic representation, drawn to scale, in a horizontal plane, delineating the outline of land included in the plan and all proposed use locations, with accurate dimensions indicating the relation of each use to that adjoining and to the boundary of the property.
DIAMETER AT BREAST HEIGHT OF AN EXISTING TREE (DBH). That measurement of the size/diameter of a tree as determined by measuring at four and one-half feet above the soil level. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus one-half the diameter of each additional trunk.
DIAMETER OF AN EXISTING TREE. That measurement of the size/diameter of a tree as determined by measuring at four and one-half feet above ground. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus half the diameter of each additional trunk.
DISMANTLED VEHICLE. A vehicle that has, intentionally or unintentionally, one or more significant parts removed. A SIGNIFICANT PART is any part that is need to safely operate the vehicle, including, but not limited to, a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel or transmission. A vehicle can be considered dismantled under this definition whether or not it is in an operative condition.
DISPLAY AREA/FACE. That area made available by a sign structure for the purpose of displaying an advertising message, such area to exclude nonstructural trim.
DISRUPTIVE ACTIVITY. Any permanent change to existing surface conditions including clearing, grading, trenching, boring and similar activities. DISRUPTIVE ACTIVITY will not include normal mowing or removal of trees less than six inches in diameter.
DOCK, PIER OR BOATHOUSE (OR ANY COMBINATION). A structure that permits the landing and mooring of vessels, including the anchoring system, cables, floats, electrical, plumbing and any other related components or materials installed in conjunction with the construction, maintenance or use of the dock for the landing and mooring of vessels, but excluding the walkway.
DRIVE-IN RESTAURANT OR BUSINESS. A restaurant or business that provides car service and/or a drive-through window, either exclusively or in conjunction with walk-in service.
DRIVEWAY. Any hard surface parking area that provides access to private property from the right-of-way to the required off-site parking behind the building line. A RESIDENTIAL DRIVEWAY may consist of compacted gravel base confined by a border.
DRY SWALE. A system that consists of an open conveyance channel with a filter bed of permeable soils that overlay an under drain system. Flow passes into and is detained in the main portion of the channel where it is filtered through the soil bed. Runoff is collected by a perforated pipe and gravel under drain system to the outlet.
DWELLING, MULTIFAMILY. One or more buildings containing or aggregating three or more one-family dwelling units.
DWELLING, ONE-FAMILY. A building designed exclusively for residential occupancy by not more than one family.
DWELLING, TWO-FAMILY. A building designed exclusively for residential occupancy by two families.
DWELLING UNIT. A building, or any portion thereof, containing a complete set of independent living facilities for occupancy and use by one family, including permanent provisions for living, sleeping, eating, sanitation and cooking within a kitchen for the exclusive use of the occupants whose intent is to habitat the dwelling unit.
DWELLING UNIT, ACCESSORY. Non-rented or leased living facilities within a detached building located on the same lot, parcel or tract of the primary dwelling unit for use or occupancy by temporary guests or a member of the family of the main dwelling unit, which does not contain cooking equipment.
EMERGENCY ACCESS EASEMENT. An area created by plat or separate instrument filed with the office of the county clerk other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of providing free passage of service and emergency vehicles.
EMPLOYEE.
(1) For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses,
EMPLOYEE is any person who renders any service whatsoever to the customers of a sexually oriented business or who works on the premises of a sexually oriented business that receives any form of compensation, including tips or gratuities, from the operator, manager, customers, other employees or entertainment personnel and in exchange therefore:
a. Renders any work, service, performance or exhibition whatsoever, directly or indirectly, to or for a customer; or
b. Renders any other support service whatsoever, directly or indirectly, for or on behalf of the furtherance of the business operations.
(2) EMPLOYEE includes, but is not necessarily limited to, bartenders, cashiers, dancers, disc jockeys, escorts, hosts, hostesses, models, masseurs, outcall persons, strippers, models, waiters, waitresses or other persons working on or about the premises.
EMPLOYMENT CENTER. For the purposes of § 4.305, an EMPLOYMENT CENTER is a distinct cluster of economic activities that employ at least 30,000 people, have interrelated or complementary land uses and can be identified by distinct geographic boundaries. EMPLOYMENT CENTERS may include one large employer or a conglomeration of employers.
ENDANGERED. For the purpose of the Historic Preservation Ordinance, threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources and/or impending demolition.
ENTERTAINMENT. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, any variety of live or non-live performances, services, exhibitions or displays by entertainment personnel which are distinguished or characterized by an emphasis on matters exhibiting, depicting or engaging in “specified sexual activities” or while exposing “specified anatomical areas,” or which provide sexual gratification or sexual stimulation to customers.
ENTERTAINMENT PERSONNEL. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, any person, including persons traditionally regarded as “independent contractors,” who receives any form of compensation, including tips or gratuities, from the operator, customers, employees or other entertainment personnel and in exchange therefore:
(1) Renders any live entertainment, service, performance, exhibition or display whatsoever, directly or indirectly, to or for a customer or the furtherance of the business operation; and
(2) Shall include but is not necessarily limited to bartenders, cashiers, dancers, disc jockeys, escorts, hosts, hostesses, models, masseurs, out call-persons, strippers, models, waiters, waitresses or other persons working on or about the premises.
ESCORT. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, ESCORT is a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, ESCORT AGENCY is a commercial venture that furnishes, or offers to furnish, or advertises to furnish escorts for a fee, commission, tip or other consideration.
ESTABLISHMENT. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, ESTABLISHMENT is:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
EVENT CENTER OR RENTAL HALL An establishment that is leased on a temporary basis before the event by individuals or groups who reserve the facility to accommodate private functions, including but not limited to banquets, weddings, anniversaries, receptions, business organizational meetings, and other similar functions, to which the general public is not admitted and for which no admission charge is imposed. Such establishments may include kitchen facilities for the preparation of food and areas for dancing, dining and other entertainment activities that customarily occur in association with banquets, weddings or receptions. An event center does not include a game room, bar, pool hall, dance hall, night club or concert hall.
EXTERIOR ARCHITECTURAL FEATURE. The architectural style, design, general arrangement and components of all of the outer surfaces of a building or structure, as distinguished from the interior surfaces enclosed by such outer surfaces. Such exterior architectural feature shall include, by way of example but not by limitation, the kind, color, texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building or structure.
EXTERIOR PORTION. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, EXTERIOR PORTION is any part of the physical structure of an enterprise, including, but not limited to, a wall, veneer, door, fence, roof, roof covering or window, which is visible from any public way or public property.
FACADE. The faces or elevations of a building visible from a public way or space; usually limited to the front face of a building in an urban environment.
FAMILY. Any individual or two or more persons related by blood, adoption, marriage or guardianship, or not more than five unrelated persons operating as a single housekeeping unit and expressly excluding lodging, boarding, fraternity, and sorority houses.
FARMERS’ MARKET. An outdoor marketplace for the distribution and sale of food products directly to consumers that are grown, made and offered for sale by the producing farmers and including unique products and goods created and sold by local artisans, not to include mass produced products.
FBC ADMINISTRATOR. The
Development Services Director
or designee responsible for the day-to-day administration of the Stockyards Form Based Code and Design Guidelines.
FEEDING PEN, ACCESSORY. An area used for feeding of livestock as an accessory use only to farming and ranching activities.
FEEDING PEN, COMMERCIAL. An area where livestock are confined and are fed in any quantity or in any manner other than grazing on growing herbage, for any purpose other than as a normal accessory use to farming and ranching activities. Pasturing of livestock on growing herbage, including rental of grazing land for pasturing, shall not be considered as a COMMERCIAL FEEDING PEN use.
FENESTRATION. The design, proportioning and disposition of windows and other exterior openings of a building.
FLOOD. A general and temporary condition of partial or complete inundation, by water or mud, of lands not normally inundated and that are used or usable by man.
FLOOD, 50-YEAR. A flood having an average frequency of occurrence of once in 50 years although such flood may occur in any year. A 50-YEAR FLOOD is determined by statistical analysis of stream flow records, and rainfall and run-off characteristics in the watershed.
FLOOD, INTERMEDIATE REGIONAL. A flood having an average frequency of occurrence of once in 100 years although such flood may occur in any year. An INTERMEDIATE REGIONAL FLOOD is determined by statistical analysis of stream flow records, and rainfall and run-off characteristics in the watershed.
FLOODPLAIN. Land which has a history of flood or is subject to recurrent flooding as determined by the City of Fort Worth public works department.
FLOOR AREA. The sum total of the area of all buildings on the unified residential development site excluding utility rooms and mechanical rooms, measured between the outer perimeter walls of the buildings, provided that space in a building or structure used for parking of motor vehicles shall not be computed in the floor area. Courtyards or balconies open to the sky and roofs which are utilized for recreation, etc., shall not be counted in the FLOOR AREA but shall be a part of the recreational space.
FOOD, NON-POTENTIALLY HAZARDOUS. Food products that are not potentially hazardous, such as popcorn, pretzels and nuts, and as further defined in Chapter 16, Health and Sanitation of the city code of the City of Fort Worth.
FOOD, POTENTIALLY HAZARDOUS. Natural or synthetic food products that require temperature control as further defined in Chapter 16, Health and Sanitation of the city code of the City of Fort Worth.
FOOTCANDLE. Unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), and measurable with an illuminance meter, a.k.a., light meter.
FORECOURT. An open area at grade, or within 30 inches of grade, that serves as an open space, plaza or dining area.
FRATERNITY OR SORORITY HOUSE. A building containing the general facilities and sleeping rooms for members of a fraternity or sorority.
FRESH WATER FRACTURE PONDS. A pit used for the collection and storage of fresh water for the purpose of fracture stimulation of gas wells.
FRIEZE. The horizontal part of a classical entablature, often decorated with sculpture in low relief.
FRONTAGE. All the property adjacent to one side of a street between two intersecting streets, measured along the street line.
FULL CUTOFF. Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp’s intensity is emitted at or above an angle ten degrees below that horizontal plane, at all lateral angles around the fixture.
FULLY SHIELDED. Attribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles.
GALLERY. A covered passage extending along the outside wall of a building supported by arches or columns that is open on three sides.
GAMBLING DEVICE. Any electronic, electro- mechanical or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker or similar electronic, electromechanical or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits.
GAME ROOM. A building, facility or other place where one or more amusement redemption machines are present.
GARAGE, PRIVATE. Space in a principal building, or an accessory building on the same lot, used for the shelter or storage of occupant owned motor vehicles as an accessory use only.
GARAGE, PUBLIC. A building other than a private or storage garage used for the care or repair of self-propelled vehicles or where such vehicles are kept for remuneration, hire or sale.
GARAGE, STORAGE. A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
GARAGE, TERRACE. A private garage placed in front of the building line due to the steep topography of the lot.
GLARE. Excessive brightness in the field of view that is sufficiently greater than the brightness to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety or welfare.
GROSS FLOOR AREA. For any building shall be measured by taking the outside dimensions of the building at each floor level, except that portion of the basement used only for utilities or storage, and any areas within the building used for off-street parking.
GROUP HOME I. A family based facility which contains not more than 15 residents and three supervisory personnel and which provides 24-hour care in a protected living arrangement for the mentally and/or physically impaired, developmentally disabled or victims of abuse or neglect. This classification includes congregate living facilities for the elderly, maternity homes, emergency shelters during crisis intervention for victims of crime, abuse or neglect, and residential services licensed by the Texas commission on alcohol and drug abuse, but not primarily for criminal rehabilitation.
GROUP HOME II. Same definition as group home I except that there is no limit on number of residents.
HALFWAY HOUSE. A facility providing for the housing and rehabilitation or training of adults on probation, parole, early or pre-release or any other form of executive, judicial or administrative release from a penal institution, including without limitation community residential facilities established in accordance with Tex. Code of Criminal Procedure Ann. Art. 42.18, as amended from time to time. HALFWAY HOUSE includes facilities which provide in-patient treatment for chemical dependency to persons on probation, parole, early or pre-release or any other form of executive, judicial or administrative release from a penal institution if such persons are ordered to obtain such treatment for chemical dependency as a condition of release. For purposes of this definition, an adult is a person age 18 or over.
HARD-SURFACE (PARKING). Any porous or non porous surface suitable for the function of driving and parking of vehicles; nonporous surfaces are typically asphalt and concrete.
HEIGHT. For the purpose of determining the height limits in the airport/airfield overlay districts and shown on the airport height control map, the datum shall be measured in mean sea level elevation unless otherwise specified.
HIGHWAY I-30 AND/OR I-35. For the purpose of Chapter 5, Article 2, Sexually Oriented Business, HIGHWAY I-35 AND/OR I-30 shall mean any property located within 300 feet of the right-of-way line of the prospective interstate highway. Measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the right-of-way line of the highway to the nearest property line of the property sought to be used, or used, as a sexually oriented business.
HISTORIC CONTEXT. For purposes of the Historic Preservation Ordinance, HISTORIC CONTEXT means information about historic trends and properties grouped by an important theme in the prehistory or history of Fort Worth, the State of Texas, or the United States during a particular period of time.
HISTORIC PROPERTY. For purpose of the Historic Preservation Ordinance, a HISTORIC PROPERTY is a building, site, structure, or object designated or pending designation as highly significant endangered, historic and cultural landmark (either individually or within a historic and cultural landmarks district), or demolition delay.
HISTORIC PROPERTY, CONTRIBUTING. For purposes of the Historic Preservation Ordinance, a CONTRIBUTING HISTORIC PROPERTY is a building, site, structure, or object that adds to the historic significance of a designated historic property.
HISTORIC PROPERTY, NON-CONTRIBUTING. For purposes of the Historic Preservation Ordinance, a NON-CONTRIBUTING HISTORIC PROPERTY is a building, site, structure, or object that does not add to the historic significance of a designated historic property and which is designated as a non-contributing resource in the design standards and guidelines for such district if such design standards and guidelines exist. Such designation is meant to provide greater latitude for utilization of the historic property; however, all modifications must conform to the applicable design standards and guidelines.
HOBBY. An accessory use carried on by the occupant of the premises in a shop, studio or other workroom, purely for personal enjoyment, amusement or recreation; provided that the articles produced or constructed in said shop, studio or workroom are not sold either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.
HOME OCCUPATION. An accessory use of a dwelling unit for gainful employment that is conducted by a member of the family residing in the dwelling which is clearly customary, incidental and a subordinate secondary use of the dwelling unit as a residence and does not alter the exterior of the property or affect the residential character of the neighborhood.
HOME SCHOOL. A private school as defined in the Tex. Education Code § 21.033, which is taught by a parent or parents, legal guardian or other designated adult member of the household in which the student resides.
HOSPICE. Temporary residence for patients and their families receiving medical or psychological care from licensed institution. May include family counseling, group therapy, psychiatric treatment and training of family members by authorized practitioners in the provision of a caring environment for supplying the physical and emotional needs of the ill and their families.
HOSPITAL, GENERAL. An institution providing in-patient medical or surgical care for the acutely sick or injured, who are generally confined for relatively short periods of time. Included as an integral part of the institutions are such related facilities as laboratories, out-patient departments, educational facilities, food services and staff offices.
HOSPITAL, LONG-TERM. An institution providing in-patient medical treatment of an intensive and specialized nature for the chronically ill, who are generally confined for periods of time exceeding 30 days. LONG-TERM HOSPITALS include homes for alcoholic, narcotic or psychiatric patients, and institutions for patients with a contagious disease, such as tuberculosis sanitariums.
HOTEL. One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. This definition shall include hotels, extended stay hotels, motels and inns.
ILLUMINANCE. Quantity of light, measured in footcandles.
INDOOR AMUSEMENT. A privately established and operated facility that provides indoor amusement opportunities for a fee, including, but not limited to, an arcade or pool hall, but not a bar or similar facility that serves alcohol, or a dance hall, night club, concert hall, or event center or rental hall or sexually oriented business that is otherwise categorized.
INDOOR RECREATION. A privately established and operated facility that provides indoor recreational opportunities for a fee, including, but not limited to, roller, ice skating and hockey rinks; batting cages, gymnasium or indoor arena, basketball, handball and tennis courts, but not for any use involving animals.
INDUSTRIALIZED HOUSING. Residential structure that is designed for the occupancy of one or more families; constructed in one or more modular components built at a location other than the permanent site or using two or more International Standards Organization (ISO) shipping containers; and designed to be used as a permanent residential structure when the module or modular component is transported to the permanent site and erected or installed on a permanent foundation system; and meets the building, plumbing, electrical and mechanical requirements and standards as set out in state law.
(1) Any use allowed by right in the industrial districts, with the exception of commercial/institutional uses, as defined in this chapter; and
(2) All uses permitted only in a “PD” planned development district with the exception of halfway houses, gambling facilities or other operations featuring games of chance (including bingo parlors) and horse, dog and automotive racing.
INFILL HOUSING. Any detached single-family dwelling developed, reconstructed or enlarged by more than 50% of the original structure five years or more following final plat of the property.
INTERESTED PARTY. For the purpose of the Historic Preservation Ordinance, an INTERESTED PARTY is a person who has an interest in a matter that is the subject of a public hearing or administrative decision. A person has an interest if the person:
(1) Is the applicant or the record owner of property that is the subject of a public hearing or administrative decision;
(2) Is a designee of a registered neighborhood association that has an interest within the historic district;
(3) An adjacent property owner located in the same historic district; or
(4) Is an organization committed to preserving the City of Fort Worth’s historic identity with demonstrated experience in historic preservation.
KENNEL.
(1) Any building, lot or premises where four or more dogs or cats (at least eight weeks of age) are kept. This shall not include residentially zoned premises or premises which are used for residential purposes, at which the occupant is keeping his or her own dogs or cats; or
(2) Any building, lot or premises where dogs or cats are kept or housed, for which remuneration is received.
KINDERGARTEN. A facility providing educational care for pre-school age children. See DAY CARE CENTER.
KITCHEN. Any room or portion of a room containing cooking equipment and facilities for the refrigeration, preparation, cooking of food, and washing of cooking and eating utensils and used or intend or designed for cooking and preparing food. The installation of a 220V or gas connection in any room or portion of a room that is used or intended to be used as cooking equipment for the preparation of food shall be considered a kitchen.
LAKEFRONT PROPERTY LINE. The property line that borders the waters of Lake Worth as shown on the final plat of record or survey for the property.
LANDMARK. For the purpose of the Historic Preservation Ordinance, a structure or property which is of value in preserving the historical, cultural, architectural or archeological heritage, or an outstanding example of design or a site closely related to an important personage, act or event in history. Such structures or property should be preserved and restored to their historical character and should be protected from modifications which detract from their historical significance.
LANDSCAPE AREA. Area of required landscaping provided in conformance with Chapter 6, Article 3.
LANDSCAPE PLAN. A plan illustrating bufferyard features and landscaping required per Chapter 6, Article 3 of the zoning ordinance, and to illustrate trees along arterial streets required per § 31-103(b) of the subdivision ordinance. Buffer yards are required along common property lines of one- or two-family districts adjacent to nonresidential districts for which certain trees may be credited. In addition, LANDSCAPE PLANS are required for commercial, industrial and manufactured home uses to include shrubs and sod (all references to trees have been removed from the landscaping requirements per Ord. 17367). Trees are required along arterial streets for residential subdivisions of three lots or more.
LARGE ANIMALS. For purposes of § 5.307, LARGE ANIMALS shall be any equine animal including, but not limited to, a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, any species of the bovine family; including, but not limited to, any cow, calf, steer or bull, any llama, sheep, ram, ewe, lamb; any goat, billy, nanny or kid; or an emu, ostrich or rhea.
LIFT COMPRESSOR. A device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well.
LINE COMPRESSOR. A device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline.
LIVE/WORK SPACE. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant.
LODGE. An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on club policies and business.
LODGING HOUSE. A dwelling with at least one common exterior entrance where separate sleeping rooms are available for rent for a period of 30 consecutive days or longer to persons for compensation, pursuant to previous arrangements, and excluding hotels or motels. The owner, agent or rental manager may or may not reside within the dwelling.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this ordinance, and having its principal frontage upon a street or officially approved place.
LOT, ARTIFICIAL. For the purposes of § 6.301(b), portion of a one acre or larger tract that contains the area to be developed as an individual project and that encompasses all improvements, including parking, related to the project.
LOT, CORNER. A lot situated at the junction of two or more streets.
LOT COVERAGE. The total lot area covered by the foundation of the main structure, attached and detached garages, carports, porte cocheres, accessory detached habitable areas, porches, patios and entry areas compared to the total site area. Any portion of the foundation not covered by roof is not considered in lot area calculations. Sheds, arbors, cantilevered (unsupported) upper story areas, eave overhangs and uncovered patios are not considered in lot coverage calculations.
LOT DEPTH. The average horizontal distance from the front street line to the rear line.
LOT, INTERIOR. A lot, the side line of which does not abut on any street.
LOT LINES. The lines bounding a lot as defined herein.
LOT, MANUFACTURED HOME. A plot of land within a manufactured home park or recreational vehicle park as indicated on the development plan, which is designed to accommodate one manufactured home or recreational vehicle respectively.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk.
LOT, THROUGH. A lot, other than a corner lot, having frontage on two or more streets.
Through Lot
LOT WIDTH. The mean horizontal distance between side lines measured at right angles to the depth.
LUMEN. The light-output rating of a lamp (light bulb).
MANUFACTURED HOME or MANUFACTURED HOUSING. Includes the terms HUD-Code manufactured home and mobile home, and collectively means and refers to both and shall include one or more International Standards Organization (ISO) shipping containers.
MANUFACTURED HOME, HUD-CODE. A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. § 3282.8(g).
MANUFACTURED HOME PARK. A unified development of lots arranged on a tract of land under common ownership, which has been planned and improved for the placement of two or more manufactured homes for non-transient occupancy. For purposes of this definition only, a LOT means a plot of ground within a manufactured home park which is designed to accommodate one manufactured home.
MANUFACTURED HOME SUBDIVISION. A unified development of lots for the placement of one manufactured home per platted lot for non-transient occupancy, established for the purpose of having individually owned lots.
MANUFACTURED HOME USE. For the purpose of the landscape provisions set out in Chapter 6, Article 3, MANUFACTURED HOME USE shall include manufactured home parks and recreational vehicle parks allowed by right in the “MH” manufactured home district.
MASSAGE. Any method by which a person utilizes his or her hands, feet or an instrument for treating the superficial parts of a customer’s body for medical, hygienic, exercise, entertainment, relaxation or stimulation purposes by rubbing, stroking, kneading, tapping, pounding or vibrating.
MASSAGE PARLOR/BATH. Any commercial business, unrelated to a sexually oriented business operation, which provides massage treatment of a non-sexual nature by a licensed masseuse as a primary service.
MASSAGE THERAPY/SPA. Any medical or therapeutic practice unrelated to a sexually oriented business operation operated by or employing licensed psychologist, physicians, physical therapists, registered nurses, chiropractors, licensed practitioners or athletic trainers engaged in the practice of healing arts and the treatment of disease, ailments and disorders of the body.
MINIMUM BUILDING STANDARD CODE. That article of the city code so designated.
MINI-WAREHOUSE. A building or group of buildings containing individual compartmentalized storage units for the inside storage of a customer’s goods or wares, where no unit exceeds 1,000 square feet in floor area.
MIXED USE. Structure or project containing residential and nonresidential uses.
MOBILE HOME. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems.
MOBILE VENDING UNIT. A vehicle establishment that is designed to be readily moveable and from which merchandise is sold or food is sold or served. The term includes, but is not limited to, a commercially manufactured vehicle.
MOBILE VENDOR, FRESH MARKET. A licensed mobile vending unit that sells nonhazardous, fresh fruits and vegetables. Any product that is cut and processed shall follow Division 4 of the Health Code. No less than 75% of the products for sale shall be produce and any additional product shall be nonhazardous, packaged food.
MOBILE VENDOR FOOD COURT. A primary land use located on one or more platted lots where two or more mobile vending units congregate to offer food or beverages for sale to the public, functioning as a single business and may provide restrooms, tables, play areas, a permanent structure for alcohol sales and other outdoor entertainment open to the customers of all vendors.
MOTOR VEHICLE JUNK YARD or STORAGE YARD. Any business and any place of storage or deposit which displays, or in or upon which there are displayed, to view from a public right-of-way, two or more registered or unregistered motor vehicles which are unfit for reconditioning for use on the public highways, or used parts of motor vehicles, or old iron, metal, glass, paper, cordage or other waste, or discarded or secondhand material which has been a part or intended to be a part of any motor vehicle, the sum of which parts or material shall be equal in bulk to two or more motor vehicles, but excluding vehicles in operable condition specially adapted or constructed for racing or operation on privately owned drag strips or raceways, vehicles retained by the owner for antique collection purposes rather than for salvage or for transportation, and vehicles stored as the property of a member of the Armed Forces of the United States who is on active duty assignment outside the continental and territorial limits of the United States.
MULLION. A vertical strip that divides windows and doors.
MULTIFAMILY DISTRICT. The term multifamily district shall refer collectively to the “CR, “C,” “D,” “DHR1” and “DHR2” districts. The term also includes any “PD” districts that include multifamily uses.
NAS FW JRB. The Naval Air Station Fort Worth Joint Reserve Base.
NATIONAL REGISTER OF HISTORIC PLACES. The official federal list of buildings, districts, and sites (including structures and objects) significant in American history and culture, architecture, archeology, and engineering maintained by the National Park Service and administered on a state-wide basis of the Texas Historical Commission. Restrictions on these properties exist only when there is an undertaking that uses federal funds or that requires a federal permit or license.
NEIGHBORHOOD RECREATION CENTER. A privately established and operated facility located in a residential subdivision that provides recreational opportunities for residents of the subdivision and their guests.
NET LAND AREA. For the purposes of § 6.506, all of the privately owned property embraced within the outer perimeter property lines, not including dedicated public streets. Dedicated rights-of-way for open space, drainage or access, approved private streets or dedicated easements which can be used by the land occupants for private purposes shall be included in net land area. Where land is dedicated for future opening or widening of a public street such land shall not be computed as net land area.
NET SITE AREA. For the purposes of Chapter 6, Article 3, Landscaping and Buffers, the area used to calculate landscape requirements. This area is calculated as follows:
(1) For undeveloped sites. All areas of a site except:
a. The footprint of proposed buildings and other proposed structures; and
b. Any bufferyard areas required by Chapter 6, Article 3.
(2) For developed sites. All areas of a site except:
a. The footprint of existing buildings and structures;
b. The footprint of proposed buildings and structures;
c. Existing parking lots not in excess of 10% over the number of required parking spaces and paved access areas; and
d. Any bufferyard areas required by Chapter 6, Article 3.
NONCOMMERCIAL COPY. A message displayed on a sign that pertains to political, social or ideological issues.
NONCONFORMING USE, BUILDING OR YARD. A use, building or yard that does not (by reason of design, use or dimensions) conform to the regulations that apply in the district where the use, building or yard is situated. These uses, buildings or yards were legally in existence at the time the ordinance was passed to make them nonconforming. A use, building or yard established after the passage of an ordinance that does not conform to the ordinance regulations of the district in which it is situated shall be considered to be illegal.
NONRESIDENTIAL DISTRICT. The term NONRESIDENTIAL DISTRICT shall refer collectively to the districts listed in §§ 4.100(c) and (d), as well as the “EP,” “OM” and “IP” districts.
NOXIOUS. An element creating an impact that may interfere with the enjoyment and use of property, including smoke, odors, noise, vibration, glare or heat.
NUDE MODELING BUSINESS. Any establishment where an employee or entertainment personnel performs a massage or “specified sexual activities” while appearing in a “state of nudity,” “simulated nudity” or while displaying “specified anatomical areas,” and is also provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted to customers.
NUDE MODELING STUDIO. Any establishment where an employee or entertainment personnel appears in a “state of nudity,” “simulated nudity” or displays “specified anatomical areas,” and is also provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted to customers.
NUDITY or a STATE OF NUDITY.
(1) Appearing while any of the following portions of the human body are less than completely and opaquely covered:
a. The appearance of a bare buttock, vulva, anus, anal cleft, pubic region, pubic hair, male genitals, female genitals or female breast; or
b. A state of dress which fails to completely and opaquely cover a buttock, vulva, anus, anal cleft, pubic region, pubic hair, male genitals, female genitals or any part of the female breast or breasts that is situated below a point immediately above the top of the areola of the female breast.
(2) For purposes of this definition, body paint, body dyes, tattoos, liquid latex, whether wet or dried and other similar substances shall not be considered an opaque covering.
NUDITY, SIMULATED. A state of dress in which any artificial device of covering is worn on a person and exposed to view so as to simulate an actual “state of nudity.”
NURSING AND CARE HOME. An institution providing meals and resident care and services for persons who are generally admitted for periods of time exceeding 30 days. Such service includes custodial or attendant care, and may or may not provide for routine and regular medical and nursing services. NURSING AND CARE HOMES include homes for the aged, and convalescent and rest homes.
OBJECT. For purposes of the Historic Preservation Ordinance, an OBJECT is a construction that is primarily artistic in nature or relatively small in scale and simply constructed that is affixed to property or immovable.
OFF-STREET. Off the right-of-way of a street or place.
ONE- AND TWO-FAMILY DISTRICTS. Collectively, the “A-2.5A,” “A-43,” “A-21,” “A-10,” “A-7.5,” “A-5,” “AR,” “B,” “R1” and “R2” districts.
OPEN SPACE. For the purposes of calculating open space for unified residential developments in accordance with § 6.506, the net land area minus all building footprints, parking areas, access drives and fenced patios. OPEN SPACE must be open to the sky and cannot be paved, except for necessary sidewalks, active recreation areas and patios that are adjacent to dwelling units and not enclosed by a fence.
OPERATED or CAUSED TO BE OPERATED. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, OPERATED or CAUSED TO BE OPERATED is to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or operator of the business.
(1) The person(s) in whose name a valid specialized certificate of occupancy has been issued for a sexually oriented business pursuant to the city’s comprehensive zoning ordinance, Appendix A of this code;
(2) Each individual listed as an applicant on the application for a sexually oriented business specialized certificate of occupancy;
(3) Each individual who is an officer of a sexually oriented business for which a specialized certificate of occupancy has been issued, regardless of whether the individual’s name or signature appears on the application;
(4) Each individual who has a 20% or greater ownership interest in a sexually oriented business for which a specialized certificate of occupancy has been issued, regardless of whether the individual’s name appears on the application;
(5) Each individual who exercises substantial de facto control over a sexually oriented business for which a specialized certificate of occupancy has been issued, regardless of whether the individual’s name or signature appears on the application;
(6) The person(s) in whose a name a specialized certificate would be required in order to lawfully operate a sexually oriented business pursuant to the city’s comprehensive zoning ordinance, Appendix A of this code;
(7) Any individual who is in control of the operations of a sexually oriented business, either on an hourly basis, daily basis, weekly basis or shift basis or any combination thereof; or
(8) The person(s) who operates or causes to be operated any form of sexually oriented business, which is subject to regulation pursuant to the city’s comprehensive zoning ordinance.
OUTCALL BUSINESS. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, OUTCALL BUSINESS is a commercial venture that provides employees or entertainment personnel who, in exchange for a fee, commission, tip or other consideration, goes to the location requested by the customer and while there:
(1) Privately models lingerie or other intimate wearing apparel;
(2) Privately performs a strip tease;
(3) Privately performs a semi-nude or nude modeling session; or
(4) Bathes or massages the customer; and
(5) But shall not include persons otherwise engaged in legitimate, non-sexually oriented activities or services such as licensed private nurses, licensed physical therapists, aides for the elderly or handicapped, social secretaries or similar persons whose business or service relationship with their patron is not characterized by sexually oriented activities.
OUTDOOR STORAGE. Outdoor storage of any inert material or goods that would not be a nuisance or offensive due to odor, fire, health or other restriction of city code, and excluding trash, junk, garbage, salvaged waste or materials.
PARKING AREA, PUBLIC. An open area other than a street, alley or place used for the temporary parking of more than four self-propelled vehicles and available for public use whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE. A space set aside for the sole purpose of parking a vehicle on a temporary basis.
PARKING, TANDEM. Parking spaces arranged one behind another, for example, in a driveway.
PARKWAY. The area of public right-of-way located between the curb or edge of pavement and the property line.
PASTURE LAND. For purposes of calculating the required square footage of land for each animal in § 5.307, Large Animals, of Chapter 5, Supplemental Use Standards, PASTURE LAND shall be the designated open space, excluding any residential structures and accessory structures unrelated to the keeping of large animals.
PAWN SHOP. A shop that lends money in exchange for valuable personal property as security. This definition includes the sale of such securities after repossession and the sale of new merchandise generally found in retail stores.
PERSON. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, any individual, proprietorship, partnership, corporation, association or other legal entity.
PILASTER. A shallow rectangular feature projecting from a wall, having a capital and a base and architecturally treated as a column.
PLACE OF WORSHIP. A building in which persons regularly assemble for religious worship.
PLANT, ADAPTED. A plant originally found in other parts of the nation or world that thrives in the North Central Texas area.
PLANT, GROUPING. A collection of native and or adapted plants united in a group.
PLANT, NATIVE. A plant that lives or grows naturally in a particular region without direct or indirect human intervention.
POLE SIGN. A detached sign which is supported by one or more poles in or upon the ground.
PORCH. A raised structure attached to a building, forming a covered entrance to a doorway.
POROUS SURFACE (PARKING). A parking surface constructed of materials that permit water to enter the ground by virtue of their nature or by large spaces in the material, such as pre-cast and mold in-place concrete blocks, concrete grids, interlocking bricks and plastic mats with hollow rings, hexagonal cells or porous concrete.
PORTE COCHERE, PRIVATE. A roofed structure located on the same lot, which extends from the roof of the principal building and over an adjacent driveway that is designed to let vehicles pass from the street to an interior courtyard and used for the shelter of those getting in and out of vehicles.
PREMISES.
(1) A single tract or platted lot.
(2) In addition, multiple adjacent tracts or platted lots under common ownership will be deemed to be a
SINGLE PREMISES if they meet the following requirements:
a. Lots or tracts are not separated by intervening streets, alleys, utility or railroad rights-of-way or other interruption;
b. Property contains a single primary use; and
c. Property is not used for one- or two-family residential purposes.
(3) Tracts or platted lots that are at cross corners or that are connected by narrow strips of land too small to serve as emergency access easements shall not be considered to be adjacent.
PRESERVATION. For purposes of the Historic Site Tax Exemption, PRESERVATION means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of the exterior of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
PRESERVED TREE. Any healthy tree retained for the purpose of meeting the requirements under § 6.302.
PRIMARY STREET. The principal frontage for a building site, as defined during site plan review by the
development services director
or designee.
PRINCIPAL BUILDING/PRIMARY STRUCTURE. A structure in which the primary use of the property is conducted.
PRINCIPAL BUSINESS OPERATION. For the purposes of determining whether a business is subject to regulation pursuant to Chapter 5, Article 2, Sexually Oriented Businesses, PRINCIPAL BUSINESS OPERATION shall mean and include any non-live, sexually oriented retail sale or rental business activity as defined herein which amounts to 35% or more of the total business operation at a particular location. The 35% criteria may be determined by percentages of floor space utilized, inventory of items for sale or rental, display areas, presentation time of entertainment or performances, or gross revenue of the business as measured over any continuous 90-day period. However, the 35% criteria shall not apply to any sexually oriented business featuring or offering any form of live performances, entertainment, modeling or other live activity, as all such live activity is subject to regulation as a “sexually oriented business.”
PRIVATE SCHOOL. For the purposes of Chapter 5, Article 1, Home Occupations, PRIVATE SCHOOL shall mean a non-public school facility located in a dwelling unit that provides students their primary education in math, reading, spelling, grammar, good citizenship and other academic instruction by someone other than the student’s parent, legal guardian or an adult member of the household in which the student resides.
PRODUCTION AREA. Raised beds and rows; not to include buildings or structures, including structures that involve the growing of crops.
PRODUCTION UNIT. For purposes of a site plan, a production unit shall include all property, contiguous or noncontiguous, that is used for toward the production of agricultural crops. Uses may include direct production of the land, accessory structures such as greenhouses, storage buildings, and tanks, and storage of other equipment as appropriate and allowed in the zoning district. A land use CO will be required for each noncontiguous lot.
PROJECTED FRONT YARD. See § 6.101(f).
PROTECTED TREE. Any tree listed in Table A, § 6.302.
PROTECTIVE MEASURES. Protective fencing surrounding the critical root zone and bark protection to ensure that all prohibited activities in the critical root zone are prevented, including for trees on adjacent properties. In addition, appropriate construction methods as outlined in § 6.302 of the zoning ordinance, “Landscaping and Buffers” shall be followed.
PUBLIC PARK. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, a PUBLIC PARK is any land area dedicated to and/or maintained by the city for traditional park-like recreational purposes, but shall not include:
(1) Privately-owned amusement parks; or
(2) Privately-owned or privately-managed golf courses.
PUBLIC OPEN SPACE EASEMENT (P.O.S.E.). See § 5.305.
PUBLIC PROJECT. Capital improvement project that includes a disruptive activity that will prevent the surface from being restored to its original condition. PUBLIC PROJECTS shall specifically exclude utilities regulated by the public utility commission or the railroad commission.
QUOIN. A differentiated exterior angle or corner of a masonry wall, or one of the stones or bricks forming such an angle, usually differentiated from adjoining surfaces by material, texture, color, size or projection.
RECLAMATION. The process of restoring an area affected by surface mining operations to its original or other substantially beneficial condition considering past and possible future uses of the area and the surrounding topography.
RECONSTRUCTION. For purposes of the Historic Site Tax Exemption, RECONSTRUCTION means the act or process of depicting, by means of new construction, the form, features, and detailing of the exterior of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
RECREATIONAL SPACE. For the purposes of § 6.506, outdoor space which is made available and maintained in a suitable condition to afford occupants space for passive and active recreational pursuits to the exclusion of all other uses and/or recreation rooms or buildings available to all occupants of the development.
RECREATIONAL VEHICLE.
(1) A vehicle which is
a. Built on a single chassis;
b. Four hundred square feet or less when measured at the largest horizontal projections;
c. Self-propelled or permanently towable by motor vehicle or light duty truck;
d. Designed primarily not for use as permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use; and
e. Required by Texas law to have a valid vehicle registration when traveling upon public streets.
(2) RECREATIONAL VEHICLE shall not include a manufactured home.
RECREATIONAL VEHICLE PARK. A unified development on a tract of land under common ownership designed primarily for transient service, on which recreational vehicles of the general public are parked or situated.
REGULARLY. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, offering, featuring, promoting or advertising a happening, occurrence or activity on a recurring basis or at fixed intervals, or as a customary and regular aspect of the business.
(1) A residence, structure or building used for human habitation, other than the person’s habitation;
(2) A restaurant, café or eating establishment; or
(3) A church, school, hospital, convalescent home or nursing home.
REHABILITATION. For purposes of the Historic Site Tax Exemption, REHABILITATION is the act or process of making possible a compatible use for a property through exterior repair or alterations while preserving those portions or features that convey its historical, cultural, or architectural values.
RELIGIOUS INSTITUTION. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, a building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
RELOCATION, ALTERNATIVES. For purposes of the Historic Preservation Ordinance, ALTERNATIVES when referring to relocation refers to options other than the proposed relocation that may be a practical means of saving a historic property from demolition.
RELOCATION, INTERIM AND LONG-TERM PROTECTION. For purposes of the Historic Preservation Ordinance, INTERIM AND LONG-TERM PROTECTION when referring to relocation means effective planning and protective measures initiated before relocation that address the methods, scope, scale, and timeline of a relocation and rehabilitation of a historic property.
RELOCATION, RARITY. For purposes of the Historic Preservation Ordinance, RARITY when referring to relocation means a historic property that is one of the older structures in a historic district or has a design that has a distinctive character that is rare in Fort Worth.
RELOCATION, SETTING OF THE EXISTING AND RECIPIENT SITE. For purposes of the Historic Preservation Ordinance, SETTING OF THE EXISTING AND RECIPIENT SITE when referring to relocation means the physical environment of a historic property (and its recipient site) that illustrates the character of the place. Integrity of setting remains when the surroundings of a place to navigation have not been subjected to radical change.
RELOCATION, STREETSCAPE INTEGRITY. For purposes of the Historic Preservation Ordinance, STREETSCAPE INTEGRITY when referring to relocation, streetscape integrity refers to the effect of reinforcing the intactness of a streetscape through the relocation of similar historic properties.
RELOCATION, STRUCTURAL INTEGRITY. For purposes of the Historic Preservation Ordinance, STRUCTURAL INTEGRITY when referring to relocation refers to the effect on the structural soundness of a historic property or other nearby historic properties due to relocation.
RENT or SUBRENT. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, the act of permitting a room or other portion of the premises to be occupied in exchange for any form of consideration.
REPAIR AND MAINTENANCE, ORDINARY. For the purposes of the Historic Preservation Ordinance, any work, the purpose and effect of which is to correct any deterioration or decay of or damage to a structure or property, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage, using the same materials or those materials available which are as close as possible to the original and all of which must comply with applicable codes and ordinances. ORDINARY REPAIR AND MAINTENANCE does not include a
change in design, material or outward appearance, but does include in-kind replacement or repair.
RESIDENTIAL DISTRICT. Collectively, the districts listed in § 4.100(b), as well as the “DHR1,” “DHR2,” “MH,” “MU-1” and “MU-2” districts and “PD” planned development districts that allow residential uses.
RESTAURANT. A place which is regularly open in a bona fide manner; which is used and kept open for the service of food to customers for compensation; which has suitable seating for guests; which has suitable facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or night and the serving of food is the primary business of such place, and which may, as an accessory use, provide patrons with space for dancing or permit patrons to dance. Includes restaurants legally authorized (by duly issued permits from the city and state) to sell alcoholic beverages for
consumption on the premises; provided however that gross receipts for alcoholic beverages shall not exceed 50% of the total gross receipts.
RESTAURANT, DRIVE-IN. Any restaurant providing car service.
RESTORATION. For the purposes of the Historic Site Tax Exemption, RESTORATION means the act or process of accurately depicting the form, features, and character of the exterior of a historic property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.
RETAIL SALES, GENERAL. A facility for the retail sale of merchandise, including without limitation bicycle sales or repairs; bird store; Christmas tree sales; cigar or tobacco store; confectionery store; craft or novelty store; department store; dry goods or notions store; electronic media sales or servicing; florist shop; fur storage or sales; gasoline sales; gift shop; hardware, paint or wallpaper store; jewelry store; musical instruments, sales and supplies; optical goods sales; pet shop; piano store; and variety store.
RETAIL SMOKE SHOP. A store that derives 90% or more of its gross annual sales from the sale of tobacco, cigarettes, smoking and electronic smoking devices, or related products and accessories and does not sell alcoholic beverages for onsite consumption.
ROOMER or LODGER. A person occupying any room or group of rooms used or intended to be used for living, sleeping, but not for cooking or eating purposes and paying compensation for said rooms or group of rooms by prearrangement for a week or more at a time to an owner or operator who is not related by blood, adoption or marriage to such person. Any person occupying such room or group of rooms and paying such compensation without prearrangement or for less than a week at a time shall be classed for purposes of this ordinance not as a ROOMER or LODGER, but as a guest of a commercial lodging establishment (bed and breakfast home or inn, hotel or motel).
ROWHOUSE. See TOWNHOUSE.
RPZ. The runway protection zone at the ends of the runways for the municipal airports.
RUNWAY. The paved surface of an airport designated for the landing and taking off of aircraft.
RUSTICATION. Rough masonry materials often located at the base of a classical building; the rough stones being expressive of strength and therefore, logically, required at the base.
SCHOOL. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, SCHOOL includes any of the following:
(1) Public and private, primary and secondary educational facilities providing education up through and including the twelfth grade level; and
(2) Licensed day care centers, meaning a facility licensed by the State of Texas or by the City of Fort Worth that provides care, training, education, custody, treatment or supervision for more than six children under 14 years of age, and for less than 24 hours per day.
SCREENING FENCE. A solid fence or wall constructed so that no person can see the area surrounded by the fence. (See § 5.304.)
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES. The standards established by the Secretary of the Interior and set out in 36 C.F.R. Part 68, as amended or may be amended in the future.
SECRETARY OF THE INTERIOR'S PROFESSIONAL QUALIFICATIONS STANDARDS. The standards established by the Secretary of the Interior and set out in 36 C.F.R. Part 61, Appendix A, as amended or may be amended in the future, for advising federal, state, and local agencies on professional qualifications standards for the identification, evaluation, documentation, registration, treatment, and interpretation of historic and archeological resources.
SETTING. For purposes of the Historic Preservation Ordinance, setting of a heritage structure, site, or area is defined as the immediate and extended environment that is part of, or contributes to, its significance and distinctive character. Beyond the physical and visual aspects, the setting includes interaction with the natural environment and past or present social or spiritual practices, customs, traditional knowledge, use or activities and other forms of intangible cultural heritage aspects that created and formed the space as well as the current and dynamic cultural, social, and economic context.
SEXUALLY ORIENTED BUSINESS.
(1) Any commercial venture whose operations:
a. Include the providing, featuring or offering of employees or entertainment personnel who appear on the premises while in a state of nudity or simulated nudity and provide live performances or entertainment for customers; or
b. As a “principal business operation” (35% or more) as defined herein, provide, feature or offer non-live, sexually-explicit entertainment, materials, or items for sale or rental to customers; or provide or offer a service or exhibition of materials or items which are intended to provide sexual stimulation or sexual gratification to its customers, said materials or items being distinguished by or characterized by an emphasis on subject matter depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas;” and
c. Include, but are not limited to, any form of sexually oriented business, adult arcade, adult bath, adult bookstore, adult video store, adult cabaret, adult entertainment cabaret, adult motel, adult motion picture theater, adult theater, nude modeling business, massage parlor, nude modeling studio, adult out-call establishment, escort agencies, sexually oriented encounter center or other business establishment conducting sexually oriented activity as defined or regulated herein.
(2) The term
SEXUALLY ORIENTED BUSINESS shall not be construed to regulate:
a. An otherwise lawfully operating retail business which does not offer or feature sexually explicit merchandise, material or items for sale or rental to customers as a “principal business operation” (35% or more) and does not offer or feature any form of live sexually oriented entertainment;
b. Any clothing business that offers wearing apparel for sale to customers but does not exhibit merchandise on live models;
c. A bar, nightclub or lounge or other non-sexually oriented business that occasionally promotes a swimsuit or similar contest in which the contestants do not appear “nude” or in “a state of nudity;”
d. Any medical practice operated by or employing licensed psychologists, physicians, physical therapists, registered nurses, chiropractors or athletic trainers engaged in practicing the healing arts; or
e. Any educational courses conducted at a proprietary school licensed by the State of Texas, or conducted by a private college or university which operates educational programs in which credits are transferable to a junior college, college or university licensed by the State of Texas; and where in order to participate in a class a student must enroll at least three days in advance of the class and where no more than one nude model appears before the class at any one time.
SEXUALLY ORIENTED ENCOUNTER CENTER. A commercial enterprise that, for any form of consideration or prize, offers physical activities, contact, wrestling or tumbling between male and female persons, or between persons of the same sex, when one or more of the persons is in a “state of nudity” or “simulated nudity” and the activity is intended to provide sexual stimulation or sexual gratification to its customers.
SHELTER. A facility providing temporary housing primarily to indigent, needy, homeless or transient persons and which may also provide ancillary services such as counseling and/or vocational training, bathing, dining and food preparation.
SHOOTING GALLERY. An area used for target practice by use of a firearm other than one used for or with live ammunition and for the sole purpose of amusement, games of chance or other arcade type activity.
SHOOTING RANGE. An area used for the discharge of firearms using live ammunition, including target, silhouette, skeet, trap, black powder, self-defense or similar recreational and/or professional shooting.
SHORT TERM HOME RENTAL. The rental for compensation of dwellings or accessory dwelling units for the purpose of overnight lodging for a period of not less than one night and not more than 30 consecutive days other than ongoing month-to-month tenancy granted to the same renter for the same unit as their primary residence. This is not applicable to hotels, motels, and bed and breakfasts homes or bed and breakfast inns.
SIDE STREET. The frontage that is not a primary street, as defined during site plan review by the
development services director
or designee.
SIGN.
(1) Any surface, fabric, display or visual medium, including the component parts, which bears letters or sculptured matter, including logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign. Graphics which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. The term
SIGN includes the sign structure.
(2) For the purpose of Chapter 5 Article 2, Sexually Oriented Businesses,
SIGN means any on-premises display design, pictorial or other representation that is constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that it is visible from the outside of a sexually oriented business and used to seed the attraction of the public to any goods, services or merchandise available at the sexually oriented business. The term SIGN also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.
SIGN, ANIMATED. A sign employing visible moving parts or the changing of colors.
SIGN, ATTACHED. A sign attached to, applied on or supported by, any part of a building (such as a wall, window, canopy, awning, arcade or marquee).
SIGN, CHANGEABLE COPY. An on-premises sign that is characterized by changeable copy, letters, symbols or numerals that are not permanently affixed to the structure, framing or background allowing the letters, characters or graphics to be modified from time to time manually or by electronic or mechanical devices, such as but not limited to, a bulletin board, electronic message board or projected image sign. However, an athletic scoreboard or sign located on the athletic field sign of a fence shall not be an electronic CHANGEABLE COPY SIGN. CHANGEABLE COPY SIGNS may not be used to display commercial messages relating to products or services that are not offered on the premises.
SIGN, DETACHED. A sign which is supported by structures, supports or foundations in or upon the ground and independent of support from any building.
SIGN, FLASHING. A sign or part of a sign that contains units which cause such sign or part thereof to appear to flash or blink. FLASHING SIGNS shall not include running light signs, twinkle signs or those signs having only one on-off cycle in any period exceeding six seconds.
SIGN, ILLEGAL. Any sign erected, constructed, enlarged or altered which does not conform to the provisions of the zoning ordinance, the sign code (Chapter 29 of the city code) or other applicable ordinances in effect at the time of erection, construction, enlargement or alteration.
SIGN, ILLUMINATED. Any sign illuminated in any manner by an artificial light source.
SIGN, INFLATABLE OR BALLOON. Air or gas filled balloons or similar devices used to advertise or define a fixed location.
SIGN, NONCONFORMING. A sign that was lawfully installed in compliance with all city ordinances applicable at the time of installation, but that does not comply with the current provisions of this zoning ordinance, the sign code (Chapter 29 of the city code) or other applicable ordinances.
SIGN, OFF-PREMISES. A sign which is a primary use and advertises businesses, commodities, activities, services or persons which are not usually available or present upon the premises upon which such sign is located, or which directs persons to any location not on the premises. Any sign with more than 10% of the sign devoted to such use shall be deemed to be an OFF-PREMISES SIGN.
SIGN, ON-PREMISES. A sign which advertises the business name, owner and/or commodities, activities or services offered on the premises where such sign is located and where at least 90% of the sign is devoted to the advertisement of such business name, owner, commodities, activities or services.
SIGN, PORTABLE. A sign designed, constructed or used to facilitate the placing or moving of same from one location to another.
SIGN, PUBLIC INTEREST. A sign conveying a message of interest to the public in general, including:
(1) Time and temperature signs;
(2) Signs and notices containing identification of nonprofit service clubs, religious organizations or charitable associations and containing information relating to meetings, locations, fund-raising or other nonprofit activities; and
(3) Signs relaying news messages and financial and stock market messages.
SIGN, PROJECTED IMAGE. A sign which involves a fixed and non-moving image projected on the face of a wall or structure from a distant electronic device, such that the image does not originate from the plane of the wall or structure.
SIGN, REVOLVING. A sign which revolves on, around or about a structural support. A structural support can be a pole, building or other type of support. Revolving parts within or upon a display surface shall not be construed as a REVOLVING SIGN.
SIGN, ROOF. Any sign erected, constructed or maintained on the roof of a building.
SIGN, RUNNING LIGHT OR TWINKLE. A sign with low wattage outline lighting which appears to flash. Any sign employing more than four complete on-off cycles per second shall be considered a RUNNING LIGHT OR TWINKLE SIGN.
SIGN STRUCTURE. Any structure which supports or is intended to support any sign.
SIGN, TEMPORARY. Any sign, other than a window sign, intended to be displayed for a limited period of time only, including by way of example but not of limitation, any sign, banner, pennant, valance, inflatable or balloon or advertising display constructed of cloth, canvas, light fabric, wallboard or other light materials, with or without frames or wheels.
SIGN, WINDOW. Any commercial copy located on the internal and/or external surface of a window or a glass door, or is located less than ten feet from the window or a glass door of any establishment for the purpose of being visible to and read from the outside of the building.
SIGNIFICANT OR LARGE TREE. A tree 27 inches in diameter (84.82 inches in circumference) for the entire city or 18 inches in diameter (56.55 inches in circumference) for Post Oaks and Blackjack Oaks east of Interstate Highway 35 West.
SINGLE HOUSEKEEPING UNIT. Individuals occupying a dwelling unit that have established ties and familiarity with each other; share a lease agreement, have consent of the owner to reside on the property, or own the property; jointly use common areas and interact with each other; and share the household expenses, such as rent or ownership costs, utilities, and other household and maintenance costs, or share responsibility for household activities. If the unit is rented, all residents over the age of 18 have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises.
SITE. For purposes of the Historic Preservation Ordinance, a SITE is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possess historic, cultural, or archeological value regardless of the value of any existing structure.
SITE, DEVELOPED. For the purpose of the landscape provisions in Chapter 6, Article 3, a premises that contains existing structures or buildings for which a building permit was required.
SITE PLAN. A plan showing the location all the protected trees by size and species that are six inches or greater on the site, the location of all easements, the location of all proposed buildings, a grading plan, if applicable; the protected trees desired to be removed, the protected trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any protected tree, and if applicable, a description on how the existing healthy protected trees proposed to be retained will be protected from damage from construction.
SITE, UNDEVELOPED. For the purposes of the landscape provisions in Chapter 6, Article 3, a premises that does not contain a structure or building for which a building permit was required.
SMALL BOX DISCOUNT STORE. A retail store with a floor area less than 10,000 square feet that offers for sale an assortment of physical goods, products or merchandise directly to the consumer, including food or beverages for off-premise consumption, household products, personal grooming and health products and other consumer good. Small box discount stores do not include retail stores that: contain a prescription pharmacy; sell gasoline or diesel fuel; primarily sell specialty food items (e.g. meat, seafood, cheese, or oils and vinegars); dedicate at least 15% of floor area or shelf space to fresh foods and vegetables.
SPATIALLY DISCRETE. For purposes of the Historic Preservation Ordinance, SPATIALLY DISCRETE means two or more historic properties separated by non-significant areas where the space between the historic properties is not related to the significance of a historic district and visual continuity is not a factor in the significance.
SPECIFIED ANATOMICAL AREAS. The following portions of the human body:
(1) Genitals, whether or not in a state of sexual arousal;
(2) Pubic region or pubic hair;
(3) Buttock(s);
(4) The portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s); or
(5) Any combination of the above.
SPECIFIED SEXUAL ACTIVITIES. Includes one or more of the following:
(1) The fondling, massaging or other erotic touching or stimulation of “specified anatomical areas” or of an erogenous zone;
(2) Normal or perverted sexual activity, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in conjunction with any of the activities above.
STABILIZATION. For the purpose of the Historic Preservation Ordinance, the act or process of applying measures designed to re-establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated structure or property while maintaining the essential form as it presently exists.
STABLE, COMMERCIAL. A structure in which livestock used for pleasure riding or driving are housed or kept for hire, including a riding track.
STABLE, PRIVATE. Space in a principal building or an accessory building on the same lot used for stabling of livestock owned by the occupants, exclusively as an accessory use.
STATE HISTORIC PRESERVATION OFFICE (SHPO). The state office responsible for administering federal historic preservation programs as defined in the National Historic Preservation Act of 1966, as amended and or may be amended in the future. The Executive Director of the Texas Historical Commission serves as the SHPO for the State of Texas.
STEALTH TELECOMMUNICATION TOWER. A facility that is designed in such a way that the facility is not readily recognizable as telecommunication tower or telecommunication equipment. STEALTH FACILITIES may include, but are not limited to, totally enclosed antennas; wireless facilities that replicate, duplicate or simulate the construction of common structures such as flagpoles, monopoles with totally enclosed antennas or light poles and that serve as a function of the use(s) of the site; and camouflaged wireless facilities that are constructed to blend into the surrounding environment.
STOOP. A small raised platform that serves as an entrance to a building.
STORE, GENERAL MERCHANDISE. A retail facility offering a variety of merchandise, including, but not limited to, the following: food, beverages, clothing, automotive supplies, personal hygiene items, toys, sports equipment, books, electronic equipment and household items. Does not include retail facilities specifically listed in the retail sales and service section of the nonresidential use table in § 4.803.
STORE, HOME IMPROVEMENT. A retail facility the primary focus of which is to offer a variety of merchandise for home improvement, including, but not limited to, building materials and supplies, appliances, plants, gardening supplies and home furnishings. Does not include retail facilities specifically listed in the retail sales and service section of the nonresidential use table in § 4.803.
STORE, LARGE RETAIL. A store for the retail sale of merchandise with a footprint exceeding 50,000 square feet, including without limitation a general merchandise store, home improvement store, antique shop, appliance sales or supply store, new or used clothing store, new or used furniture store, greenhouse or plant nursery, grocery store, pawn shop or facility for general retail sales. A LARGE RETAIL STORE that sells to members only or that also offers merchandise at wholesale is not excluded from this definition.
STORY. That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A TOP STORY ATTIC is a half story when the main line of the eaves is not above the middle of the interior height of said story. The FIRST STORY is the highest story having its interior floor surface not more than four feet above the curb level, or the average elevation of the finished grade along the front of the building were it set back from the street.
STREET. A public or private thoroughfare which affords principal means of access to adjacent property.
STREET, LIMITED LOCAL. As defined in the City of Fort Worth plan commission rules and regulations, § 403(b), Street Design: Limited Local Streets, a street not more than 600 feet in length ending in a cul-de-sac and serving no more than 25 dwelling units; a loop-type street not more than 1,600 feet in length having at least one 90-degree bend and serving no more than 80 dwelling units; or a street not more than 800 feet in length serving no more than 45 dwelling units.
STRUCTURE. Anything constructed or erected with a foundation for habitable or nonhabitable purposes, which requires location on the ground, or attached to something having a location on the ground. For signage, this includes but is not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls, sidewalks and curbs.
STRUCTURE FOR THE PURPOSES OF § 4.405 STRUCTURES. An object permanently or temporarily constructed or installed by humans, including, but without limitation, buildings as measured at its highest peak, towers, spires, architectural features, smokestacks and overhead transmission lines.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in exterior walls.
STRUCTURAL SOIL. An artificially engineered medium that meets or exceeds road bearing-load requirements for structurally sound pavement design and installation while supporting tree growth, remaining root penetrable and encouraging deep root growth away from the pavement surface. Examples include C.U. Structural Soil, Permatill and Utelite E-Soil.
SUBSTANTIAL TREATMENT. For purposes of the Historic Preservation Ordinance, SUBSTANTIAL TREATMENT means treatment at a cost that equals or exceeds the greater of (i) $3,000.00 or (ii) 20% of the appraised value of a structure as of the year prior the year in which a historic site tax exemption application is deemed complete as determined by the HPO.
TELECOMMUNICATION TOWER. A facility, including self-supporting lattice towers, guy towers or monopole towers, but not including stealth telecommunication towers, designed to support one or more antennas and to contain ancillary facilities designed and used for the purpose of transmitting, receiving and relaying voice, data and other similar signals to or from various wireless communication devices. For purposes of this definition, amateur radio transmission facilities not used for commercial purposes and facilities used exclusively for the transmission of television and radio signals are not TELECOMMUNICATION TOWERS.
TEMPORARY GUEST. A nonpaying guest of the occupants of the primary residence who does not utilize an accessory dwelling unit or primary residence as an address for any purposes and whose stay does not exceed more than 14 days in a consecutive 30-day period. A roomer or lodger shall not be considered a TEMPORARY GUEST.
TEMPORARY IRRIGATION. An irrigation system that is used to establish native and adaptive plant species and is removed after one year of establishment period.
TERMINAL, MOTOR FREIGHT. The use of property or buildings for the temporary parking of motor freight vehicles or trucks of common carriers, during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight.
TOWNHOUSE or ROWHOUSE. A one-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roof, and each dwelling being located on a separately platted lot. A townhome in the urban residential, low intensity mixed-use, low intensity mixed-use greenfield, high intensity mixed-use and high intensity mixed-use greenfield districts shall be defined as a development containing three or more attached dwelling units consolidated into a single structure.
TRANSFER OF OWNERSHIP OR CONTROL. For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possession the ownership or control.
TRANSIENT OR SHORT TERM RESIDENT. Individuals occupying a dwelling unit, including rental of a home or room, for a period of less than 30 days. The definition also includes the usage of property for a daily or weekly rental as a commercial business.
TRANSMISSION TOWER. A tower and ancillary support equipment providing transmissions via radio, TV infrared or other similar means of signal transmission between towers and receivers.
TREATMENT. For purposes of the Historic Site Tax Exemption, TREATMENT means rehabilitation, preservation, reconstruction, restoration or any combination of those activities as they are defined in this zoning ordinance. Treatment also includes "treated".
TREE. Any object of natural growth.
TREE REMOVAL. The cutting, destroying, removing, moving, poisoning, banding, marking or effectively destroying through damaging, any tree six inches or greater in diameter, regardless of species, situated on property regulated by the zoning ordinance without first obtaining an urban forestry plan/permit from the city forester.
TREE REMOVAL PERMIT. A permit required for the removal of a single tree as required under § 6.302.
TUTOR/PRIVATE EDUCATION CLASSES. For the purposes of Chapter 5, Article 1, Home Occupations, TUTOR/PRIVATE EDUCATION CLASSES shall mean a person or persons employed to provide, in a dwelling unit, additional, specialized or remedial instruction to another, which supplements the person’s core education.
UNIFIED RESIDENTIAL DEVELOPMENT. A grouping of residential structures developed in accordance with the unified residential development provisions of § 6.506 on a tract of land under single ownership or unified control, such as a homeowner’s association, as opposed to development of one dwelling on one lot of record.
URBAN AGRICULTURE/URBAN GARDEN/URBAN FARM. A public or private, for profit or nonprofit agricultural operation consisting of the planting and harvesting of crops, the raising of fowl, and beekeeping. This does not include the raising of large animals for production except as allowed in the Land Use Charts, per § 5.146 Supplemental Standards.
URBAN FORESTRY PERMIT. A permit required under § 6.302 for the removal of more than one tree or the construction of new structures on properties greater than one acre for where a building permit is required.
URBAN FORESTRY PLAN. A plan showing the location of existing canopy coverage and any trees that are classified as large or significant as per § 6.302(g)(3). on the site, the location of all easements, the location of all proposed buildings, a grading plan, if applicable; the trees desired to be removed, the trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any tree, and if applicable, a description on how the existing healthy trees proposed to be retained will be protected from damage from construction.
URBAN MANOR HOUSE. A building with two to five attached dwelling units consolidated in a single structure. A manor house is located on a single lot and must contain common walls. Dwelling units within a building may be situated either wholly or partially over or under other dwelling units.
VENDOR, CERTIFICATE OF OCCUPANCY. For the purposes of § 5.406, a VENDOR CERTIFICATE OF OCCUPANCY shall include a determination of the location of the vendor for verification of the proper zoning, verification that the safety code requirements are met and submission of a letter from the property owner, all applicable code compliance department permits and sales tax registration.
VENDOR, DOOR-TO-DOOR. A person who travels by foot or vehicle from door-to-door, house-to-house, building-to-building or place-to-place, within the city, for the purpose of offering for sale, or soliciting orders for future delivery, of food, goods, services or merchandise.
VENDOR, FOOD. A food vendor that sells food products, either potentially hazardous or non-potentially hazardous, from an informal fixed location out of a vehicle that is pulled or is portable under its own power.
VENDOR, MERCHANDISE. A merchandise vendor that sells merchandise products from an informal fixed location.
VENDOR, TRANSIENT FOOD. A food vendor that sells food products, from a pushcart or out of a mobile vending unit that is pulled or is portable under its own power, for sale to the general public from an informal location, other than a public street or thoroughfare, for a period of not more than 60 consecutive minutes at any one location.
WALKWAY (OR BRIDGE). A passage that provides access from the land to a boat dock, marina or other floating facility.
WAREHOUSE. A facility greater than 500 square feet in floor area for the inside storage of commodities.
WATER TABLE (ARCHITECTURAL). A projecting course of molded brick between the upper and ground floor. The wall above the water table steps back several inches.
WATER USE AND ACCESS EASEMENT. An easement granted by the City of Fort Worth enclosed on one side by the lakefront property line, on a second side by the waters of Lake Worth, and on the third and fourth side by two lines, each beginning at opposite ends of the lakefront property line and each being a projection of the side lot lines of each lot as shown on the plat of record or survey for the property.
WET SWALE. A system that consists of an open conveyance channel which has been excavated to the water table or to poorly drained soils.
YARD. An open space other than a courtyard, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard, the depth of the front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. A yard across the full width of a lot extending from the street to the largest required setback of either the required, established, platted building line or projected front yard. Setbacks shall be measured from the front property line. Each street frontage shall be considered a front yard except that in one- and two-family districts, the yards with street frontage may be considered a side or rear yard if there are no other front yards projecting along that same block face. Determination of what type of yard it should be will be dependent upon the setback that is necessary to maintain uniformity along the block face.
YARD, PROJECTED FRONT. See § 6.101(f).
YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and rear line of the main building, except that area included in the side yard as defined below.
YARD, SIDE. A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard.
(Ord. 14331, § 1, passed 9-5-2000; Ord. 14337, § 8, passed 9-12-2000; Ord. 14556, § 1, passed 3-20- 2001; Ord. 14713, § 4, passed 7-17-2001; Ord. 14780, § 1, passed 9-18-2001; Ord. 14872, § 1, passed 11-27-2001; Ord. 15112, § 4, passed 5-21- 2002; Ord. 15166, § 3, passed 7-23-2002; Ord. 15249, § 1, passed 9-17-2002; Ord. 15283, § 1, passed 10-8-2002; Ord. 15331, § 5, passed 11-12- 2002; Ord. 15405, § 1, passed 1-14-2003; Ord. 15406, § 1, passed 1-14-2003; Ord. 15830, § 1, passed 1-13-2004; Ord. 15839, § 5,passed 1-20- 2004; Ord. 15848, § 2, passed 1-27-2004; Ord. 16118, § 2, passed 9-14-2004; Ord. 16119, § 3, passed 9-14-2004; Ord. 16183, § 2, passed 10-19- 2004; Ord. 16330, § 13, passed 3-8-2005; Ord. 16270, § 2, passed 1-18-2005; Ord. 17093, § 7, passed 8-8-2006; Ord. 17228, § 2, passed 10-3- 2006; Ord. 17276, § 1, passed 11-7-2006; Ord. 17513, § 1, passed 4-17-2007; Ord. 17514, § 2, passed 4-17-2007; Ord. 17522, § 5, passed 4-24- 2007; Ord. 18009, § 4, passed 3-4-2008; Ord. 18208-07-2008A, § 3, passed 7-29-2008; Ord. 18434-1-2008, § 2, passed 1-6-2009, eff. 1-14- 2009; Ord. 18504-03-2009, § 9, passed 3-3-2009, eff. 3-11-2009; Ord. 18615-05-2009, §§ 3, 4, passed 5-12-2009; Ord. 18745-08-2009, § 6, passed 8-4-2009; Ord. 18746-08-2009, § 3, passed 8-4- 2009; Ord. 18823-09-2009, §§ 3, 4, passed 9-15- 2009; Ord. 18902-11-2009, § 3, passed 11-3-2009; Ord. 19013- 01-2010, § 4, passed 1-26-2010; Ord. 19026-02- 2010, § 8, passed 2-2-2010; Ord. 19227-07-2010, § 5, passed 7-13-2010; Ord. 19428-11-2010, § 2, passed 11-9-2010; Ord. 19515-01-2011, § 2, passed 1-4-2011; Ord. 19587-03-2011, § 5, passed 3-8- 2011; Ord. 20158-04-2012, § 3, passed 4-3-2012; Ord. 20454-10-2012, § 8, passed 10-9-2012; Ord. 20510-12-2012, § 4, passed 12-4-2012, eff. 12-11- 2012; Ord. 20666-03-2013, § 4, passed 3-19-2013, eff. 4-9-2013; Ord. 20898-09-2013, § 2, passed 9- 10-2013, eff. 9-25-2013; Ord. 20901-09-2013, § 2, passed 9-10-2013; eff. 9-25-2013; Ord. 21032-11- 2013, § 2, passed 11-12-2013; Ord. 21499-10-2014, § 2, passed 10-14-2014, eff. 10-23-2014; Ord. 21715-04-2015; § 1, passed 4-7-2015, eff. 4-25- 2015; Ord. 21945-10-2015, § 1, passed 10-13-2015, eff. 10-17-2015; Ord. 22154-04-2016, § 6, passed 4-5-2016, eff. 4-21-2016; Ord. 22335-08-2016, § 7, passed 8-2-2016; Ord. 22337-08-2016, § 3, passed 8-2-2016; Ord. 22703-05-2017, § 6 passed 5-2-2017; Ord. 22810-08-2017, § 5, passed 8-1-2017, eff. 9-7-2017; Ord. 23110-02-2018, § 1, passed 2-6-2018; Ord. 23166-04-2018, §§ 2, 4, passed 4-3-2018; Ord. 23971-12-2019, § 2, passed 12-3-2019, eff. 12-11-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020; Ord. 25514-05-2022, § 1, passed 5-10-2022, eff. 5-18-2022; Ord. 25955-01-2023, § 1, passed 1-10-2023, eff. 1-20-2023; Ord. 26358-08-2023, § 1, passed 8-8-2023)