§ 160.006 DEFINITIONS.

   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   (B)   All words used in the present tense shall include the future; all words in the singular number include the plural number and all words in the plural number include the singular number; the word “person” includes “corporation”, “copartnership”, “association” and “individual”; the word “shall” is mandatory and not discretionary. Terms not defined herein shall have the meaning assigned to them in the Building Code of the city.

   (C)   Terms not defined herein or in the Building Code shall have the meaning customarily assigned to them.

      ACCESSORY BUILDING OR STRUCTURE. A subordinate building or structure, attached to or detached from the main building, and having a use customarily incidental to and located on the same lot occupied by the main building; or a use customarily incidental to the main use of the property. ACCESSORY BUILDINGS shall include any and all parking garages and adjacent farm structures, and in a residence district accessory buildings or uses shall include garages for automobile storage, tool houses, greenhouses, home workshops, children’s playhouses, storage houses or garden shelters, but not including the conduct of a business.

      ACCESSORY USE. A use secondary and incidental to the legal primary use of the main building or to the primary use of the premises, and located on the same lot as the primary use.

      ADDITION. Any construction which increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area.

      AIRPORT or HELIPORT. A landing facility for aircraft approved by the United States Federal Aviation Agency.

      ALLEY. A public space or public way which affords only secondary means of access to property abutting thereon, which has been deeded or dedicated to the public for public use.

      ALTERATION. Any addition, removal, extension or change in the location of any exterior or interior wall of a main building or accessory building, or change or modification in construction or occupancy.

      APARTMENT. A room or suite of rooms within an apartment house arranged, intended, designed for or used as the place of residence of a single-family or group of individuals living together as a single housekeeping unit.

      APARTMENT HOUSE. A building arranged, intended, designed for or occupied by more than two families.

      ASSOCIATIONS. A group of property owners bound together by a written agreement relating to the use, maintenance and guaranteed protection of the Planned Unit Development in any of its common open spaces.

      ATTACHED. Having physical connection above the top of the floor line of the first floor.

      AUTOMOBILE. A four-wheeled, self-propelled vehicle designed for passenger transportation and commonly propelled by an internal combustion engine.

      AUTOMOBILE REPAIR GARAGE. An establishment providing major or minor automobile repair services to all motor vehicles, except heavy load vehicles.

      AUTOMOBILE SERVICE STATION. A place or establishment where gasoline, oil, grease or motor vehicle accessories are sold, supplied or dispensed to the retail motor vehicle trade, and where the minor repair or washing of motor vehicles incidental to such gasoline service station is performed. A truck terminal or truck stop shall not be considered a gasoline service station.

      BANK, SAVINGS AND LOAN or CREDIT UNION. An establishment for the custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds.

      BED AND BREAKFAST. An owner occupied private home built more than 50 years ago and/or is of historical significance, which offers lodging for paying guests, which serves meals to these guests, and which allows for limited social functions as regulated in this chapter.

      BLOCK. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Engineer shall determine the outline of the BLOCK .

      BOARD. The Board of Adjustment of the city.

      BOARDINGHOUSE and ROOMINGHOUSE. A residence structure other than a hotel where lodging and/or meals for four or more persons are provided for compensation.

      BREEZEWAY. A covered passage one story in height connecting a main structure and an accessory building.

      BRICK OR STONE, EXTERIOR FACADE. An exterior wall surface laid up unit by unit, set in mortar and composed of the following:

         (a)   Units of clay or concrete brick with a minimum thickness of three inches;

         (b)   Natural stone with a minimum thickness of two inches; or

         (c)   Concrete masonry units which have a split face, ribbed, scored or burnished finish, with a minimum thickness of three inches.

      BUILDING. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate BUILDING .

      BUILDING COVERAGE. The proportion of a lot or site covered or permitted to be covered by a building or structure.

      BUILDING LINE. A line designated on an approved subdivision plat which is parallel or approximately parallel to a street, beyond which buildings may not be erected.

      BUILDING OFFICIAL. The Building Official of the city.

      BUSINESS SERVICE. Establishments primarily engaged in providing services not elsewhere classified, to business enterprises on a fee contract basis including, but not limited to, advertising agencies, computer programming and software services, and office equipment rental or leasing.

      CABANA. A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and kitchen facilities.

      CARNIVAL. A temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.

      CARPORT. A permanent roofed structure entirely open on at least two sides, designed for or occupied by private passenger vehicles.

      CARWASH. A structure or facility used to wash automobiles, motorcycles, trucks and other light load vehicles.

      CEMETERY. Property which is used for the interment of the deceased.

      CERTIFICATE OF OCCUPANCY. Official certification which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit.

      CHILD CARE INSTITUTION. A child care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children’s homes, half-way houses, residential treatment camps, emergency shelters and training or correctional schools for children.

      CHURCH, SYNAGOGUE or TEMPLE. A building for regular assembly for religious worship which is used primarily for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises. Accessory uses may include a parsonage/rectory or fellowship hall.

      CIRCUS. A temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.

      CITY. The City of Texas City.

      CITY COMMISSION. The City Commission of Texas City.

      CLINIC. An institution of facilities for examining, consulting with and treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care.

      CLUSTER DEVELOPMENT. A development pattern in which the uses are grouped or bunched together through a density transfer to provide for community green or open space, shared parking and access or other amenities.

      COLLEGE or UNIVERSITY. An institution established for educational purposes offering courses for study beyond the secondary education level, but excluding trade schools and commercial schools.

      COMMERCIAL. Any business, other than a customary home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place.

      COMMERCIAL AMUSEMENT. An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge.

      COMMON OPEN SPACE (COMMON PROPERTY). A parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a PUD (planned unit development) District, and designated and intended for the use or enjoyment of the PUD (planned unit development). COMMON OPEN SPACE may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development. COMMON OPEN SPACE may be referred to in this chapter as COMMON PROPERTY or COMMON OPEN SPACE , meaning the same.

      CONCRETE OR ASPHALT BATCHING PLANT (PERMANENT). A permanent manufacturing facility for the production of concrete or asphalt.

      CONCRETE OR ASPHALT BATCHING PLANT (TEMPORARY). A temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

      CONDOMINIUM. A multiple-family dwelling designed primarily to offer each purchaser individual fee ownership of a living unit within a structure together with an undivided ownership in common with all other unit owners of the site and all of the portions of the structures used in common by the occupants, such as dividing walls, halls, stairways, elevators and the like.

      CONVALESCENT HOME. Any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

      COOPERATIVE. A type of ownership and organization for a home ownership involving less than fee ownership on the part of the home or unit owner.

      COURT. A space open and unoccupied to the sky bounded on more than two sides by the walls of the building. An INNER COURT is a court entirely surrounded by the exterior walls of a building. An OUTER COURT is a court having one side open to a street, alley, yard or other permanently open space.

      CUL-DE-SAC. A local street with only one outlet and having a terminal of sufficient width for the reversal of traffic movement as required by the subdivision ordinance.

      CURB LEVEL. The mean level of the curb in front of the lot, or in case of a corner lot, along the abutting street where the mean curb level is the highest.

      CUSTOMARY HOME OCCUPATION. See HOME OCCUPATION .

      DAY CARE CENTER or DAY NURSERY. An establishment where five or more children under 14 years of age are left for care, training, education, custody or supervision during the day or any portion thereof. Hours of operation shall not exceed the period between 6:00 a.m. and 12:00 midnight. The term DAY CARE CENTER or DAY NURSERY shall not include overnight lodging, medical treatment, counseling or rehabilitative services, and does not apply to any school, public or private, as herein defined.

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

      DETACHED. Having no physical connection above the top of the floor line of the first floor with any other building or structure.

      DISTRICT. A zone or geographic area in the city within which certain zoning or development regulations apply.

      DRIVE-IN RESTAURANT. Any structure and premises specifically designed for the preparation and dispensing of food and meals primarily for the service to, and consumption in, a vehicle parked on the premises, or taken away for consumption in the home or other places. Such an establishment may also provide for indoor seating and service areas.

      DUPLEX. A detached building having separate accommodations for two single-family dwellings or occupied by two families.

      DWELLING. Any building, or portion thereof, which is designed for use for residential purposes.

      DWELLING, ATTACHED. A dwelling having any portion of one or more walls in common with adjoining dwellings.

      DWELLING, DETACHED. A dwelling having open space on all sides.

      DWELLING, MULTIPLE-FAMILY. A building designed for occupancy by three or more families.

      DWELLING, SINGLE-FAMILY ATTACHED. A detached building having separate accommodations for, and occupied by not more than two families, whereby each individual dwelling unit is located on a separate lot of record as a result of the property line being coincident with the common wall separating each dwelling unit, such that dwelling units may be individually owned. Not more than one wall of such dwelling unit shall be coincident with a property line.

      DWELLING, SINGLE-FAMILY DETACHED. A detached building having accommodations for, and occupied by one family, and located on a lot or tract and having no physical connection to a building located on any other separate lot or tract.

      DWELLING UNIT. A single unit providing complete, independent living facilities for a family including permanent provisions for living, sleeping, eating, cooking and sanitation.

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

      ENCLOSED BUILDING. A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.

      FAMILY. Any number of individuals living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse or hotel, as defined herein.

      FLAMMABLE OR COMBUSTIBLE LIQUIDS. Flammable material is any material that will readily ignite from common sources of heat, or that will ignite at a temperature of 600°F or less. FLAMMABLE LIQUID is any liquid having a flash point below 100°F and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100°F. COMBUSTIBLE LIQUID is any liquid having a flash point at or above 100°F.

      FOURPLEX. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as four apartments, or which is occupied as the home or residence of four families living independently of each other and maintaining separate cooking facilities.

      FRONT YARD. An open space, unoccupied (except as hereinafter provided) across the full width of the lot extending from the front line of the building to front street line of the lot.

      FRONTAGE. All of the property measured along the property line abutting on one side of the street upon which such property is addressed.

      GARAGE COMMUNITY. Any building or premises, other than a public, private or storage garage providing storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of block.

      GARAGE FRONT ENTRY. A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto is from the front property line.

      GARAGE, PRIVATE. An accessory building or a portion of a main building for the storage or parking of motor vehicles as may be required in connection with the permitted use of the main building, excluding any commercial use within.

      GARAGE, REAR ENTRY. A structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, with access or door facing the side or rear property line, said structure shall be located partially or totally behind any portion of the living area.

      GASOLINE SERVICE STATION. See AUTOMOBILE SERVICE STATION .

      GOVERNMENTAL BUILDING. A building which is owned or operated by a city, county, state, federal government or school district which is open for use by the general public.

      GROSS ACRE. A calculation indicating total acreage of a particular housing type including those land areas for parking, streets, easements, building and recreation development, being part of the Planned Unit Development site requirements.

      GROSS AREA. The total land area of a proposed single housing type and including streets, parking spaces, easements, building site areas and recreation or common open spaces. It is the total land area of a project or its segment.

      GUEST QUARTER. A secondary structure on a lot which may contain dwelling accommodations for the occupancy by guests not for rent or lease or permanent occupancy. Such building shall not have a separate utility meter.

      HALFWAY HOUSE. A facility for the housing, rehabilitation and/or training of three or more persons, who are on probation or parole or are pre-released inmates from correctional institutions or other persons found guilty of criminal offenses; or for the housing, rehabilitation, training, counseling or treatment of three or more persons for alcohol, chemical or drug abuse and/or dependencies. HALFWAY HOUSE shall not include a hospital licensed by the state or a state licensed physician’s office which office does not have facilities for patients to stay overnight.

      HEAVY LOAD VEHICLE. A self-propelled vehicle having a manufacturer’s recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, earth-moving equipment and other similar vehicles. The term TRUCK shall be construed to mean HEAVY LOAD VEHICLE unless specifically stated otherwise.

      HEIGHT OF BUILDINGS. The vertical distance measured from the highest of the following three levels:

         (a)   From the street curb level;

         (b)   From the established or mean street grade in case the curb has not been constructed; and

         (c)   From the average finished ground level adjoining the building where it sets back from the street line, to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot and to the mean height level of the top of the main plate and highest ridge for other roofs.

      HEIGHT OF YARD OR COURT. The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

      HOME OCCUPATION. A business activity customarily carried on in the home by a member of the occupant’s family without structural alterations in the building or any of its rooms, without the installation or outside storage of any machinery, equipment or materials other than that customary to normal household operations, without the employment of persons not residing in the home, without the use of a sign to advertise the occupation, and which does not cause the generation of noise, odor, electrical interference or additional traffic.

      HOSPITAL. An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities as licensed by the state.

      HOTEL. A building occupied or used as a temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 12 sleeping rooms.

      KINDERGARTEN, PRIVATE. School for children of preschool age, in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. Shall not provide provisions for overnight stay.

      KIOSK. A small, freestanding, one-story structure having a maximum floor area of 350 square feet and used for commercial purposes or the posting of temporary information and/or posters, notices and announcements. If a KIOSK is to be occupied, it shall have a minimum floor area of 25 square feet.

      LANDSCAPE AREA. An area devoted to or developed with plant material or natural landscaped features; including lawn, ground cover, gardens, trees, shrubs and other plant materials.

      LICENSED GROUP DAY CARE HOME. A facility that provides care for seven to 12 children under 14 years of age for less than 24 hours a day between the hours of 6:00 a.m. to 6:00 p.m.

      LIGHT LOAD TRUCK. A self-propelled vehicle having a manufacturer’s recommended gross vehicle weight (GVW) not greater than 11,000 pounds, and having no more than two axles, such as pickup trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.

      LIGHT MANUFACTURING. Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing. Such operations shall meet the bulk controls and other requirements of this chapter.

      LOADING SPACE. An off-street space or berth used for the loading or unloading of vehicles.

      LOT. A tract of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.

      LOT AREA. The net horizontal area of the lot excluding portions of streets and alleys, and easements for streets and alleys.

      LOT, CORNER. A lot abutting upon two or more streets at their intersection. A CORNER LOT shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City Engineer.

      LOT COVERAGE. The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

      LOT DEPTH. The mean horizontal distance between the front and rear lot line.

      LOT, INTERIOR. A lot other than a corner lot.

      LOT LINES. A line dividing one lot from another or from a street or place.

      LOT OF RECORD. A lot which is created by an approved subdivision, the plat of which has been duly recorded in the office of the appropriate County Clerk.

      LOT, THROUGH. An interior lot having frontages on two streets.

      LOT WIDTH. The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line.

      MASONRY EXTERIOR FACADE. A form of construction composed of concrete, hollow clay, tile, concrete block or tile, concrete pre-cast panels or other similar building units laid up unit by unit with the exterior surface having a split face, ribbed, scored or burnished finish. Cementitious stucco on metal lathe shall be considered as an acceptable MASONRY EXTERIOR FACADE .

      MAUSOLEUM. Property used for the interring of the dead where bodies are interred above ground in stacked vaults.

      MEDICAL OFFICE. An establishment dispensing health services, including medical, surgical, dental and other services.

      MINIWAREHOUSE. Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

      MOBILE HOME. A movable or portable dwelling which is constructed on a chassis, and designed to be towed over roads and highways. It is designed for year-round occupancy, primarily to be used without a permanent foundation, and to be connected to utilities. It may consist of one or more units that can be telescoped when transported and expanded later for additional capacity, or of two or more units, separately transportable, but designed to be joined together into one integral unit. The following shall not be included in this definition:

         (a)   Travel trailers, pickup coaches, motor homes, camping trailers or other recreational vehicles; and

         (b)   Manufactured modular housing which is designed to be set on a permanent foundation, and which uses standard sheathing, roofing, siding and electrical, plumbing and heating systems which comply with the official Building Code adopted by the city.

      MOBILE HOME PARK. An area of not less than five acres, nor more than 25 acres, approved for occupancy by mobile homes and accessory structures related thereto.

      MORTUARY or FUNERAL PARLOR. A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

      MOTEL. A building or group of two or more detached, semi-detached or attached buildings containing guest rooms with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of automobile travelers; including groups designated as auto cabins, motor courts and similar designations.

      MOTOR FREIGHT TERMINAL. An establishment which charges for the transportation of goods by motor truck from one city to another, designed for storing and handling of goods so transported or to be transported, and for the parking, storing and maintenance of motor trucks engaged in such transportation.

      MULTI-FAMILY DWELLING. See DWELLING, MULTIPLE-FAMILY .

      NET AREA (NET SITE AREA). That portion of the proposed project or development as delineated for a single housing type, not including perimeter streets. Any internal street in the project area is allowable in the NET AREA calculation.

      NON-CONFORMING USE. A building, structure or use of land lawfully occupied at the time of the effective date of this chapter or amendments thereto, and which does not conform to the regulations of the district in which it is situated.

      NURSERY. An establishment, including a building, part of a building or open space, for the growth, display and/or sale of large plants, shrubs and trees, and other materials used in indoor or outdoor planting.

      NURSING HOME. An institution where persons suffering from generally permanent types of illness, injury, deformity, deficiency of age, are given care and treatment on a prolonged or permanent basis, and which is licensed by the state.

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

      OFFICE, ADMINISTRATION OR PROFESSIONAL. A room or group of rooms used for the provision of administrative, executive, management and/or professional services.

      OUTLINE PLAN. The preliminary or tentative development plan for the proposed Planned Unit Development District for which a rezoning application has been made.

      OUTSIDE STORAGE. The storage of commodities, goods and/or refuse outside of an enclosed building.

      PARCEL. See LOT .

      PARKING SPACE. An all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the public street, right-of-way or alley.

      PATIO HOME. See ZERO LOT LINE HOME .

      PERSONAL CARE FACILITY. An establishment, including a board and care home that: furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services. PERSONAL CARE SERVICES means: assistance with meals, dressing, movement, bathing or other personal needs or maintenance; the administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in a personal care facility or who needs assistance to manage the person’s personal life, regardless of whether a guardian has been appointed for the person.

      PLANNING BOARD. The Planning Board of the city.

      PRINCIPAL STRUCTURE. A building or structure, the use of which is a principal use.

      PRINCIPAL USE. The main or predominant use of any building, lot or structure.

      PROFESSIONAL SERVICE. Work performed which is commonly identified as a profession, and which may be licensed by the state.

      PUBLIC BUILDING. Any building (except a building used primarily for general office purposes) which is owned, leased, primarily used and/or primarily occupied by the state, the United States, the city or any subdivision or agency of the state, the United States or the city, or by any public or quasi-public utility.

      PUD PLANNED UNIT DEVELOPMENT DISTRICT or PUD DISTRICT. An area of land to be developed as a single entity for location thereon of a number of dwelling units and a limited commercial area reserved for neighborhood and business uses, primarily to serve the residents of the PLANNED UNIT DEVELOPMENT (PUD) . Such a PLANNED UNIT DEVELOPMENT is planned and developed in a single development operation or a programmed series or phases of development. A PLANNED UNIT DEVELOPMENT may consist of dwelling units and detached, attached, semi-attached, multi-family, row houses, townhouses or any combination thereof and may also include non-residential uses such as religious, cultural, recreational and limited commercial uses, compatibly and harmoniously incorporated into the unitary design of the planned unit development as set forth in this chapter.

      RADIO, TELEVISION AND MICROWAVE TOWERS AND/OR ANTENNAS. For the purpose of this section, either antenna, mast or tower or any two of these combined to constitute a structure designed for radio, television, cellular or microwave reception or transmission.

      RAILROAD FACILITY. Any place or premises for the loading and unloading of materials on trains, including freight terminals, freight docks and freight depots; railroad equipment storage yards, including the storage of railway cars, boxcars, engines and related equipment; sidings, team tracks, switching yards, maintenance and repair facilities.

      REAR YARD. An open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line of the principal building and the side lot lines.

      REAR YARD DEPTH. The minimum horizontal distance from the rear line of the principal building to the rear lot line.

      REGISTERED FAMILY HOME. A facility that regularly provides care in the caretaker’s own residence for not more than six children under 14 years of age, excluding the caretaker’s own children, and that provides care after school hours for not more than four additional elementary school siblings of the other children given fare. However, the total number of children, including the caretaker’s own, provided care at such facility shall not exceed 12 at any given time. The facility shall conform to Tex. Human Resources Code §§ 42.001 et seq., as amended, and in accordance with such standards as may be promulgated by the State Department of Human Resources. Hours of operation shall be from 6:00 a.m. to 6:30 p.m.

      RESIDENCE. See DWELLING .

      RESIDENTIAL DISTRICT. A district where the primary purpose is residential use.

      RESTAURANT , CAFÉ or CAFETERIA. An eating establishment where customers are primarily served at tables or self-served and food is consumed on the premises, which may include a drive-in window.

      RETAIL STORES AND SHOPS. An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

      REZONING APPLICATION. An official form signed by the landowner which requests the change of a district’s boundary, the change from one zoning district to another district or requests a change of uses or any requirements of a zoning district. The application shall be filed by the landowner or by his or her designated applicant simultaneously with an outline plan or site plan. Such a REZONING APPLICATION shall contain all pertinent facts relating to the land as described in this chapter and as deemed necessary by the Planning Board or Zoning Commission and the various departments within the city.

      SCHOOL, DENOMINATIONAL OR PRIVATE. A school under the sponsorship of a private agency, corporation or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, and accredited or licensed by the state; but excluding private trade or commercial schools, as herein defined. Day care centers and day nurseries, as herein defined, shall not be considered SCHOOLS as applicable to this definition.

      SCHOOL, PUBLIC. A school under the sponsorship of a public agency providing elementary or secondary curriculum, and accredited or licensed by the state; but excluding private trade or commercial schools.

      SCHOOL, TRADE OR COMMERCIAL. An establishment other than an accredited or licensed public, private or denominational school, offering training or instruction in art, occupation or trade.

      SCREENED. Shielded, concealed and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

      SETBACK. The required minimum distance between any structure and any property line of the lot upon which it is located. SETBACKS shall be measured perpendicular to lot lines. The terms SETBACK and REQUIRED YARD shall mean the same and can be interchanged.

      SEXUAL ORIENTED BUSINESS. See Ch. 119 of this code of ordinances.

      SINGLE-FAMILY DETACHED DWELLING. See DWELLING, SINGLE-FAMILY DETACHED .

      SINGLE-FAMILY STRUCTURE MINIMUM FOOTPRINT. The minimum square footage of a primary structure foundation (footprint) shall be not less than 899 square feet, exclusive of porches, garages, carports and/or storage area(s). This shall apply to all single-family residential homes subject to the International Residential Code. This shall apply to Districts A, A-1, A-2, B, and B1.

      SITE PLAN. The development plan for one or more lots or tracts upon which is shown any information required by this chapter such that an informed decision can be made by the approving authority.

      SIDE LINE. Any lot boundary line not a front or rear line thereof. A SIDE LINE may be a party lot line, a line bordering on an alley or place or a side street line.

      SIDE YARD. An open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.

      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 . The FIRST STORY is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade or average ground level.

      STREET. A public thoroughfare or place which affords principal means of access to property abutting thereon.

      STREET LINE. The dividing line between the street and the abutting property.

      STRUCTURE. A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.

      STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

      TEMPORARY. Used or lasting for only a limited period of time; not permanent.

      TEMPORARY BUILDING. Any non-residential premanufactured structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.

      TOWER HEIGHT. Tower height shall be the distance from the bottom elevation of the tower or tower support structure to the top of the tower not including antenna wires or rods.

      TOWER SUPPORT STRUCTURE. A structure built primarily for the support of the tower.

      TOWNHOUSE. A single-family attached dwelling on a separately platted lot which is joined to another dwelling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family.

      TRANSPORTATION AND PLANNING DIRECTOR. The Transportation and Planning Director of the city.

      TRAVEL TRAILER. A mobile vehicle designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highways as contrasted to a mobile home.

      TRIPLEX. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three apartments, or which is occupied as the home or residence of three families living independently of each other and maintaining separate cooking facilities.

      USABLE OPEN SPACE. An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding 10%, shall have no dimension of less than ten feet, and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains. USABLE OPEN SPACE shall not include: rooftops; accessory buildings, except those portions of any building designed specifically for recreational purposes; parking areas; driveways; turn-around areas; or the right-of-way or easement for streets or alleys.

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

      VARIANCE. The relief from or variation of the provisions of these regulations, other than the use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in the powers and duties of the Board of Adjustment.

      VAULTED ABOVEGROUND TANK. Any U.L. listed steel tank, all portions of which shall be enclosed in a secondary containment and encased with six inches of reinforced concrete and the complete structure shall be U.L. listed in accordance with U.S. Subject 2085, and meet all installation requirements of the local Fire Code, National Fire Protection Association 30, National Fire Protection Association 30A and state regulations, used for the storage of flammable or combustible liquids.

      YARD. An open space at grade between a structure and the adjacent lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this chapter. In measuring a YARD for the purpose of determining the depth of the side yard, front yard, rear yard, the least horizontal distance between the lot line and a building or structure shall be used.

      ZERO LOT LINE HOME. A single-family detached dwelling whereby one required yard is substantially removed, allowing the primary structure to be placed within eight inches to one side lot line.

      ZONING COMMISSION. The Zoning Commission of the city.

      ZONING DISTRICT. A classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.

      ZONING MAP. The Official Zoning Map of the city together with all amendments thereto.

(1998 Code, App. A, § 40-6) (Ord. 94-05, passed 4-20-1994; Ord. 95-26, passed 1-3-1996; Ord. 06-42, passed 12-6-2006; Ord. 21-27, passed 10-6-2021)