The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
BUILDING. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
CONTINUOUS SALE. A sale that is conducted, or that is permitted or allowed to be conducted, by the owner or occupant of any building, lot, tract or parcel of land, where any goods or merchandise are displayed outdoors and the public is invited by displays, signs, advertising or in any other manner, to come for the purpose of purchasing goods, wares or merchandise, more than twice in any 12 calendar months, or any such sale that continues for more than three calendar days.
DWELLING. Any building or portion thereof, including built on-site and modular buildings, and mobile homes, which is designed or used for residential purposes.
GARAGE SALES. All sales entitled garage sale, lawn sale, attic sale, rummage sale, flea market sale, or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of such sale.
GOODS. Any goods, warehouse merchandise or other property capable of being the object of a sale regulated under this chapter.
OUTDOOR SALES. The sale of goods or merchandise outdoors, or outside of a permanent commercial building or structure, within the business district or any area used or occupied for retail or commercial use. A tent, vehicle, trailer or similar shelter shall not be considered a permanent building or structure for any flea market or other outdoor sales.
RESIDENTIAL AREA. Any lot, tract or parcel of land within the city that:
(1) Was laid out and platted for a dwelling;
(2) Has a dwelling located on the lot, tract or parcel;
(3) Is occupied and used as a residence; or
(4) Has not been used or occupied at anytime prior to the date of this chapter for any retail, commercial or industrial use, and that has not been designated by the city as being within an industrial area.
RETAIL USE. Property used for the sale or rental of commonly used goods and merchandise for personal, business or household use. Typical uses may include department stores, furniture stores or establishments providing the following products or services: home furnishings and appliances, household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics or specialty items; apparel, jewelry, fabrics, and like items; cameras or photography services; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services or office supplies; bicycles, wallpaper, carpeting and floor-covering; hardware; food; feeds, seeds and fertilizer; or automotive parts and accessories (excluding service and installation).
RIGHT-OF-WAY or ROW. A strip of land occupied or intended to be occupied by a publicly owned and maintained street, that is used, set aside, dedicated, reserved or platted as a street or highway, including that part or portion between the travel lanes of the street and the property line of the abutting property. The usage of the term RIGHT-OF-WAY or ROW shall mean every right-of-way within the city that is shown on an official map of the city, Bell County or the state, to be separate and distinct from the lots or parcels adjoining the right-of-way and not included within the dimensions or areas of the lots or parcels.
SIDEWALK SALE. Any sales activity conducted from or within a sidewalk area of any lot tract or parcel of land within the city, or in any area adjacent thereto and abutting any city right-of-way, or any outdoor sale conducted from or within the right-of-way of any public street, alley or other public property.
STRUCTURE. Any building or structure constructed or erected on the ground or which is attached to something located on the ground. STRUCTURES include buildings, telecommunications towers and sheds that are the primary use of a parcel.
(Ord. passed - -2003; Am. Ord. 2019-003, passed 3-29-2019)