§ 44. Definitions.

44.1

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.

Accessory building (residential). In a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business (i.e., the building area must be significantly less than that of the main structure). Examples may include, but are not limited to, the following: a private garage for automobile storage, carport, tool shed, greenhouse as a hobby (no business), home workshop, children's playhouse, storage building, gazebo, patio cover, garden shelter, etc.

Accessory building (business or industry). In the nonresidential districts, a subordinate building to the main building that does not exceed the height of the main building and does not exceed 50 percent of the floor area of the main building, and that is used for purposes accessory and incidental to the main use (see "accessory use").

Accessory use. A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith (i.e., the land/building area that is used for the accessory use must be significantly less than that used for the primary use, and/or the gross receipts/income that is derived from the accessory use must be significantly less than that derived from the primary use).

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

Alley. A minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes, which may or may not be improved. No fences, storage or structures are allowed in alley rights-of-way.

Ambulance service. Provision of private (not operated by the City of Terrell) emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles and boarding rooms for ambulance drivers.

Amusement arcade (also video arcade). Any building, room, place or establishment of any nature or kind, and by whatever name called, where more than ten percent of the public floor area is devoted to four or more amusement devices that are operated for a profit, whether the same is operated in conjunction with any other business or not, including, but not limited to, such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term "amusement device", as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Amusement, commercial (indoor). An amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: Bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses.

Amusement, commercial (outdoor). An amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.

Antenna (amateur/noncommercial). An antenna and antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. Antennas located in a residential district shall be limited to 35 feet in height and shall be setback from all adjacent property lines a distance equal to its height. A satellite dish antenna not exceeding six feet in diameter shall also be considered a noncommercial antenna.

Antenna (commercial). An antenna or antenna tower/support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). The antenna tower/support structure shall be setback from all adjacent property lines a distance equal to its height. A satellite dish antenna that exceeds six feet in diameter shall also be considered as a commercial antenna. Antennas may be further restricted as to height and location by the Texas Historic Commission rules.

Antique shop, sales indoors. A retail or wholesale establishment engaged in the selling of works of art, architectural antiques, furniture and/or other artifacts of an earlier period (i.e., over 50 years old) and that are in clean, operable and saleable condition (i.e., not junk), with all sales and storage occurring inside a building. An antique shop is differentiated from a "used merchandise store", a "resale shop" or a "consignment shop" in that it does not market common, contemporary used household goods, clothing or furnishings - rather, it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiquities (generally over 100 years old) from past eras.

Art gallery or museum. An institution for the collection and/or display of bona fide objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public. An art gallery/museum can include a small gift shop that sells items to visitors provided that such sales are clearly accessory to the primary use as a gallery/museum. An establishment that sells new art or science objects on the retail market shall be defined as a "retail store", and an establishment that sells used objects (or parts of objects) shall be defined as a "used merchandise store".

Athletic field or stadium (public). An athletic field or stadium owned and operated by a public agency (e.g., City of Terrell, Terrell Independent School District, etc.) for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.

Athletic field or stadium (private). An athletic field or stadium owned and operated by a private owner, agency or entity other than the City of Terrell or the Terrell Independent School District.

Assisted living facility. A facility which provides residence and care to seven or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc. may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited kitchen facilities. Full-time medical, nursing or professional care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.), however, full-time supervisory staff may reside onsite or be present at all times.

Automotive-related definitions.

Automobile. A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: passenger cars, light duty trucks and sport utility vehicles, vans and mini-vans, motor scooters and motorcycles.

Auto finance and leasing. Long-term leasing of automobiles, motorcycles, and light load vehicles but no outside storage.

Automotive gasoline or motor fuel service station. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under "auto repair, minor". Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than 48 hours.

Auto rental. Short-term renting or leasing of automobiles, motorcycles and light load vehicles with outside storage.

Auto parts and accessory sales (indoors). The use of any building or other premises for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Auto repair garage. An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.

Auto repair, major. General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; welding, vehicle steam cleaning; undercoating and rust proofing; those uses listed under "auto repair, minor"; and other similar uses.

Auto repair, minor. Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "auto repair, major" or any other similar use.

Auto sales (new). Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and the service of new or used vehicles.

Auto sales (used). Retail sales, or offering for sale, used automobiles or light load vehicles.

Auto storage or auto auction. The storage or impoundment, on a lot or tract which is paved in accordance with parking lot paving requirements set forth in this ordinance, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles (see "wrecking yard").

Car wash. Washing, waxing or cleaning of automobiles or light duty trucks.

Attended car wash. The owner of the vehicle does not actually wash the vehicle. Instead, he either leaves the vehicle and comes back to retrieve it later, or he waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

Unattended car wash. The owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

Bail bond service. A service arranged by an agent promising money or property to ensure that a person named in a legal action appears in court for the designated criminal proceeding at the date and time specified.

Bakery or confectionery (retail). A facility which is typically less than 2,000 square feet in size for the production and/or sale of baked goods for human consumption such as (but not limited to) pies, cakes, cookies, doughnuts, desserts, etc.

Bakery or confectionery (wholesale or commercial). A manufacturing facility which is typically over 2,000 square feet in size for the production and distribution of baked goods and confectioneries to retail outlets.

Barn. A structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock. (See section 14 for setback requirements.)

Basement (or cellar). A portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast inn or facility. A dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five rooms for transient guests for compensation.

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 municipal development department shall determine the outline of the block. The term block also refers to part of the legal description of platted subdivisions which contain one or more lots of record.

Boarding or rooming house. A multifamily dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided.

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

Building height. The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof.

Building line. A line parallel, or approximately parallel, to any lot line at a specific distance there from, marking the minimum distance from the lot line that a building may be erected (see illustration 38-6).

Building, main or primary. A building in which the principal use of the lot on which it is situated is conducted. In a residential district any separately addressed dwelling shall be deemed to be a main building on the lot on which it is situated.

Building official. The inspector or administrative official charged with responsibility for issuing permits and enforcing the building codes of the City of Terrell.

Building site. See "lot" definition.

Bus station or terminal. Any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers.

Caretakers' or guards' residence. A residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises (e.g., residence for guard in a private street development, residence for a guard/manager/caretaker for a self-storage facility or a restricted access business park, etc.).

Carnival, circus, festival, special events or tent service (temporary). Outdoor or indoor private or public amusement provided on a temporary basis (subject to requirements and use restrictions for special event permits issued by the police department).

Carport. A structure that is open on a minimum of two sides and designed or used to shelter vehicles. Also called "covered parking area."

Car title loan business. Any establishment, entity, business, corporation, or person required to be registered with the Texas Secretary of State as a credit services organization (CSO) under [V.T.C.A.] Finance Code ch. 393 that makes small or short-term consumer loans that leverage the equity value of a motor vehicle, boat, or other recreational vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application.

Cemetery or mausoleum. Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Cemetery, animal. Same as cemetery except only for the burial of pets or other animals.

Certificate of occupancy. An official certificate issued by the city through the municipal development department which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

Check cashing business. Any establishment, entity, business, corporation, or person required to be registered with the Texas Secretary of State as a credit services organization (CSO) under [V.T.C.A.] Finance Code ch. 393 that provides check cashing services for an amount of money equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charges for the transaction; or an agreement not to cash a check, or execute an electronic transfer of money for a specified period of time in exchange for a cash advance for a fee; or the cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.

Child care center (or day care center or child nursery). A commercial institution or place designed for the care or training of seven or more unrelated children under 14 years of age for less than 24 hours a day.

Church, rectory or temple. A building for regular assembly for religious worship which is used primarily and designed 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 (tax exempt as defined by state law). For the purposes of this ordinance, religious study and other similar activities which occur in a person's primary residence shall not apply to this definition.

City council. The governing body of the City of Terrell, Texas.

City of Terrell. The City of Terrell, Texas; sometimes referred to as the "city".

Civic/community center (private). A building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities privately owned and/or operated by a business, non-governmental agency or private nonprofit agency.

Civic/community center (public). A building or complex of buildings that may house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a municipality.

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

Commercial/wholesale laundry (dry cleaning plant). An industrial facility where fabrics are cleaned with substantially no aqueous organic solvents on a commercial or wholesale basis exceeding 2,500 square feet of floor area.

Community home. A place where not more than six physically or mentally impaired or disabled persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the Texas Department of Mental Health and Mental Retardation (also see [V.T.C.A.] Human Resources Code ch. 123).

Comprehensive plan. A regulatory document adopted by the city that consists of graphic and textual policies which govern the future development of the city and which consists of various components governing specific geographic areas and functions and services of the city which may include a future land use map, thoroughfare plan, park master plan, water and sewer plans, etc. State law requires all zoning to be in accordance with the comprehensive plan.

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.

Consignment shop/re-sale shop (also thrift store). See "used merchandise store".

Continuing care retirement community. A housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.

Contractor's shop with outside storage yard. A building, part of a building, or land area for the storage of materials, equipment, tools, products, and vehicles that are then transported off site for the performance of maintenance, repairs, installation, assembly or construction by various tradesmen.

Convenience store with (or without) gasoline sales. Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries (and possibly gasoline, if pumps are provided). Does not include or offer any automobile repair services.

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

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

Coverage. The percentage of lot area covered by all buildings located thereon, including the area covered by all overhanging roofs, impervious coverage includes all paved surfaces in addition to the structures (see district regulations for coverage limits).

Dance hall. An establishment open to the general public for dancing (any sales of alcoholic beverages for on-premises consumption shall be subject to requirements and use restrictions for private clubs — see definition for "private club" (also see chapter 5, section 9 of the city's Code of Ordinances).

Day camp for children. A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

Density. The total number of residential dwelling units allowed upon a given tract of land usually expressed in total number of units per gross acre.

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

Downtown hotel/lodge. An establishment for the lodging and entertaining of travelers limited to a maximum of 20 rooms, with a minimum floor area of 280 square feet per room. Access to guestrooms shall be restricted exclusively to interior corridors that shall be accessed via the main lobby of the building or entryways individually equipped with some form of security controlled access system. The building must be made to have special architectural features that demonstrate adherence to the historic architectural guide on file in the office of municipal development or the website of the City of Terrell, Texas.

Drainage. Adequate provision for drainage shall be made to drain storm water into the city's manmade or natural drainage systems, in accordance to the city's and state's regulations pertaining to same.

Dry cleaning shop or laundry. A retail custom cleaning shop not exceeding 2,500 square feet of floor area which may include drive-up service but no self-service.

Dwelling (accessory). A separate secondary residential structure located on the same lot as a single-family main/primary building but not attached to the main building, sometimes known as a mother-in-law's quarters. An accessory dwelling shall not be sold, rented, leased, let, or hired out separately from the main/primary residential structure and shall only be occupied by members of the same family occupying the main/primary residential building. (See "family" definition.)

Dwelling (multifamily). A main/primary residential building or buildings in which three or more dwelling units are located on the same platted lot of record that is used, intended, or designed to be built, used, owned, rented, leased, let or hired out to be occupied for living purposes by a single-family in each dwelling unit. (See "family" definition.)

Dwelling (single-family). A main/primary residential building located on a separate platted lot of record that is used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied for living purposes by a single-family. (See "family" definition.)

Dwelling size/area. The total square footage of a dwelling unit, including only the livable (i.e., air-conditioned) space within the home (i.e., not the garage, accessory buildings, etc.).

Dwelling unit. A single unit (structure or portion thereof) providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. (See "family" definition.)

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.

Educational facilities. Public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; a professional licensing/certification agency or trade, or such federally funded educational programs for preschool children as the Head Start Program.

Electrical substation (high voltage bulk power). A subsidiary station in which electric current is transformed.

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. Includes an enclosed garage.

Fairgrounds or exhibition area. An area or space either outside or within a building for the display of topic-specific goods or information.

Family. One or more persons related by blood, affinity (marriage), or adoption to the second degree of consanguinity; or a group not to exceed six persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit. The definition of the second degree of consanguinity for the purpose of defining a single-family is spouse, siblings, parents, grandparents, children, or grandchildren in accordance with [V.T.C.A.] Government Code ch. 573.

Family home (child care in place of residence). 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 six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to chapter 42 of the Human Resources Code of the State of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.

Farm, ranch, garden, crops or orchard. An area used for growing farm products, vegetables, fruits, trees, and grain and for the raising thereon of farm animals such as horses, cattle, and sheep. May also include the necessary accessory uses for raising, treating, and storing products raised on the premises, but does not include the commercial feeding of offal or garbage to swine or other animals. Also does not include any type of agriculture or husbandry specifically prohibited by ordinance or law.

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

Financial institution related definitions:

Depository financial institution. A federal or state chartered depository financial institution such as a bank, savings and loan association, or credit union which conducts transactions regarding the custody, deposit, savings, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Non-depository financial establishment. Any establishment, entity, business, corporation, or person required to be registered with the Secretary of State as a "credit service organization" (CSO) under [V.T.C.A.] Finance Code ch. 393, such as, check cashing businesses, payday advance/loan businesses, or car title loan businesses offering one or more of the following services as defined in this section:

Check cashing business. A CSO establishment that provides check cashing services for an amount of money equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction; or an agreement not to cash a check or execute an electronic transfer of money for specified period of time in exchange for a cash advance for a fee; or the cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any person or entity for a fee.

Payday advance/loan business. A CSO establishment that makes payday cash advances, payroll cash advances, short term cash loans, instant loans, or other short term money loan services and/or similar services for a specified fee, usually secured by a postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term, or until a customer's next payday, and then cashed unless the customer repays the loan to reclaim such person's check. Such establishments may charge a flat fee or other service charge and/or a fee or interest rate based on the size of the loan amount. Loan extensions, pay back deadline extensions (often termed rollovers) may be granted subject to additional fees or charges.

Car title loan business. A CSO establishment that makes small or short term consumer loans that leverage the equity value of a motor vehicle, boat, or other recreational vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the vehicle.

Exceptions: Convenience store, gasoline stations, super markets, grocery stores or other retail establishments where consumer retail sales constitute at least 75 percent of the gross revenue generated on site. Pawn shops which are regulated under state law are exempt from this definition.

Floodplain. An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM flood insurance rate map of the City of Terrell.

Floor area. The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.

Floor area ratio (FAR). The floor area of a main building or buildings on a lot, divided by the lot area (see illustration 38-5).

Florist shop. An establishment for the display and retail sale of flowers, small plants and accessories.

Food processing. A manufacturing or light industrial use that primarily deals with the processing and packaging of food (such as dairy or grain) products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products (e.g., bread and baked goods, dairy products such as cheese, etc.) created and packaged on the premises may be allowed as an accessory use.

Food store. A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use.

Franchised private utility (not listed). A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of Terrell.

Fraternal organization, lodge, civic club, or union. An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.

Front yard. See "yard, front".

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

Garage, private. An enclosed accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."

Gasoline service or filling station. See "automotive gasoline or motor fuel service station".

General commercial plant. Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.

General manufacturing. See "industrial, manufacturing".

Golf course. An area of 20 acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

Government building or use (city, county, state or federal). Any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: Kaufman County, the State of Texas, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the City of Terrell is defined as "municipal facility or use", including city hall, courts, libraries, fire stations or police stations, etc.

Group home. A dwelling unit which provides residence and care to not more than six persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to Art. 4442c-4 (Personal Care Facility Licensing Act) V.A.C.S. (Tex.) and Art. 1011n (Community Homes for Disabled Persons Location Act) V.A.C.S. (Tex.) as they presently exist or may be amended in the future.

Gymnastic or dance studio. A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.

Heavy load vehicle. A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles more than 35 feet in length (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Heavy machinery sales and storage. A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

Heliport. An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop/helipad. The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Home occupation. An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes (see section 41).

Hospital (acute care). An institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.

Hospital (chronic care). An institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.

Incidental or accessory retail and service uses. Any use different from the primary use but which compliments and/or supplements the primary use (for example, a sundries shop that serves tenants of an office building or hospital). Incidental shall mean an area which constitutes not more than 20 percent of the building or space occupied by the primary use.

Industrial, manufacturing. Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer. Heavy industrial manufacturing or processing (smoke-stack industries) that produce explosion hazards, hazardous by-products or emissions are prohibited within the corporate city limits.

Institution for alcoholic, narcotic or psychiatric patients. An institution offering out-patient treatment to alcoholic, narcotic or psychiatric patients.

Itinerant vendors/vending. A person or operation that offers merchandise, art or food items, produce, publications and/or services from a temporary (i.e., not permanent) stand, cart, trailer, truck or other type of vehicle that is placed or parked on a piece of property for any period of time (as differentiated from a "peddler" or "solicitor" who is mobile and who goes from place to place to sell goods or services). (Also see chapter 5, section 5-6 of the city's Code of Ordinances.)

Kennels (indoor pens). An establishment with indoor pens in which more than four dogs or domesticated animals are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kennels (outdoor pens). An establishment with outdoor pens in which more than four dogs or domesticated animals are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kindergarten school (private). An establishment where more than three children over the age of five are housed for care and/or educational training during the day or portion thereof.

Kiosk. A small, free-standing, one-story accessory structure having a maximum floor area of 150 square feet and used for retail purposes, such as automatic teller machines 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 50 square feet.

Kitchen, residential. Generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this ordinance, generally indicates the presence of complete cooking facilities (i.e., stove, oven, refrigerator, and/or microwave oven) as differentiated from a "kitchenette" which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).

Laboratory equipment manufacturing. A facility that makes or produces equipment or products used for research or testing.

Laboratory, scientific or research. An establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see "medical facilities — medical laboratory").

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

Laundromat (or self-serve washateria). A facility where patrons wash, dry and/or dry clean clothing and other fabrics in coin operated machines that are operated by the patron.

Light load vehicle. A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pick-up trucks, sport utility vehicles, vans and mini-vans, recreational vehicles (less than 35 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

Light manufacturing or industrial use. 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.

Live/work units. Street level units that are permitted in certain nonresidential districts which are initially intended for residential uses but designed to accommodate a later transition into small business entities such as professional offices, etc. without major structural renovations being required. They may also be defined as small ground floor retail, office, or service uses with the proprietors, owners or employees living in residential units above the ground floor in which public access is typically from the street frontages and private access to the residential units are from the rear of the buildings. Outside of the multifamily (MF-22) zoning district, live/work units are intended to be an accessory use only and shall be limited to no more than 20 percent of the total floor space in a mixed use application. (See also mixed use residential.)

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

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

Lofts. Dwelling unit consisting of single room or series of rooms, which is attached but secondary to a main structure that is used for retail use; and is generally located above the first floor of the structure. A loft cannot exceed the square footage of the nonresidential portion.

Lot. A platted (as specified in [V.T.C.A.] Local Government Code ch. 212) parcel of land that is owned by a single entity and is intended to be used, developed or built upon as a unit, which has access to a public street. Portions of a lot may not be sold or subdivided without prior approval of a plat by the city. A lot number is part of the legal description assigned to every parcel or tract of land that has been legally subdivided and platted. (See illustrations 38-6, 38-7, and 38-8.)

Lot, corner. A lot which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees. (See illustration 38-1.)

Lot depth. The mean horizontal distance between the front and rear lot lines. (See illustration 38-7.)

Lot, double frontage. A lot having frontage upon two non-intersecting streets, as distinguished from a corner lot.

Lot, flag. A lot having access to a street by means of a narrow strip of land generally having a width at the rear of the lot that is much greater than its frontage, but not less than 30 feet. Flag, or panhandle, lots are typically discouraged.

Lot, interior. A lot other than a corner lot.

Lot, key. A corner lot whose exterior side is adjacent to the front yard of another lot, a front yard setback shall be observed for both street frontages.

Lot area. The total area, measured on a horizontal plane, included within lot lines.

Lot frontage. That dimension of a lot or portion of a lot abutting onto a street, excluding the side dimension of a corner lot.

Lot line, front. The property line connecting the foremost points of the side lot lines running parallel with and abutting the street right-of-way line. (See illustration 38-6.) For a lot which has a boundary line which does not abut the front street line such as a flag lot that is not a rear lot line, and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines. (See illustration 38-3.)

Lot line, rear. The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero. (See illustration 38-8.)

Lot line, side. Any lot line not the front or rear lot line.

Lot lines or property lines. The lines bounding a lot as defined herein.

Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Kaufman County.

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. (See illustration 38-6.)

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

Manufactured home display or sales (new). The offering for sale, storage, or display of new manufactured housing units (e.g., HUD-Code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured home display or sales (used). The offering for sale, storage, or display of previously owned (i.e., used), movable manufactured housing units (e.g., mobile homes/trailers, HUD-Code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured home park/subdivision. A parcel of land not less than five acres nor greater than 15 acres which is designed, improved, or intended to be used for permanent occupancy by HUD-Code manufactured homes or modular homes on individually platted lots. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Manufactured housing. Any one of three types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.). For the purpose of this ordinance, there are three types of manufactured homes:

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. No new or used "mobile homes" shall be moved into the city and placed on any lot for any purpose.

HUD-Code manufactured home: A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD) pursuant to the requirements of the Texas Manufactured Housing Standards Act (V.A.C.S. Art. 5221f), transportable in one or more sections, which, in the traveling mode, is 12 feet or more in body width and 40 feet or more in body length, or, when erected on site, is a minimum of 1,200 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation (HUD 7584) 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 herein and by 24 C.F.R., Section 8282.8(g).

Industrialized home (also called "modular prefabricated structure" or "modular home"): A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height, as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to: (a) housing constructed of sectional or panelized systems not utilizing modular components; or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.). Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.

Masonry construction. (See section 37.)

Medical facilities:

   Medical clinic or office. A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.

Dental office or doctor's office: Same as medical clinic.

Hospital (acute care/chronic care): An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

Massage establishment: Any place of business in which massage therapy is practiced by a massage therapist, as defined in the [V.T.C.A.] State Occupations Code ch. 455 and licensed in accordance with state law. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Public health center: A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

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

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

Medical laboratory: An indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.

Mini-warehouse/self-storage facility. 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.

Mixed use residential. Dwelling units located in a nonresidential district such as the central business district which are typically located above the ground level of a building or if located on ground floor are not on the street frontage and do not take up more than 50 percent of the first floor. (See live/work units.)

Model home. A dwelling in a developing subdivision, located on a legal lot of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.

Motel or hotel. A building or group of buildings designed for and occupied as a temporary dwelling place, (for stays of 14 days or less unless contracted through employer). Access to guestrooms shall be restricted exclusively to interior corridors, that shall be accessed via the main lobby of the building or entryways individually equipped with some form of security controlled access system. Customary hotel services such as linen, maid service, telephone, and other guest amenities are provided and may also contain various personal services shops. Unless part of a planned development or other special development, a full service hotel shall also include at least five or the six design elements below:

1.

A minimum room count of 85 rooms.

2.

The average size of each guestroom shall have a minimum area of 280 square feet.

3.

A limited service restaurant which provides service to guests and/or the general public.

4.

On-site staff required 24 hours a day, seven days a week.

5.

A minimum of 2,000 square feet of meeting or conference room space.

6.

Swimming pool with a minimum area of 1,000 square feet.

7.

Part of a thematic design or mixed use property may take the place of 1. through 6. above.

Motel or hotel, extended stay. A building or group of buildings designed for and occupied as a temporary dwelling place, (for stays of more than six days but less than 28 days unless contracted through employer). Access to guestrooms shall be restricted exclusively to interior corridors, that shall be accessed via the main lobby of the building or entryways individually equipped with some form of security controlled access system. Customary hotel services such as linen, maid service, telephone, and other guest amenities are provided and may also contain various personal services shops. Unless part of a planned development or other special development, a full service hotel shall also include at least five or the six design elements below:

1.

A minimum room count of 60 rooms.

2.

The average size of each guestroom shall have a minimum area of 280 square feet.

3.

A limited service restaurant and/or kitchenettes for at least 50 percent of the rooms.

4.

On-site staff required 24 hours a day, seven days a week.

5.

Full service laundry room on-site for guests only.

6.

Swimming pool with a minimum area of 1,000 square feet.

7.

Part of a thematic design or mixed use property may take the place of 1. through 6. above.

Motorcycle. A usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this ordinance, motorbikes, all-terrain vehicles (ATVs), motor scooters, mopeds and similar vehicles are classified as motorcycles.

Motorcycle sales and repair. The display, sale and/or servicing, including repair work, of motorcycles.

Motor freight company. A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.

Motor vehicle. Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.

Multiple-family dwelling. Three or more dwelling units on a single lot designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadriplex), as well as traditional apartments.

Municipal facility or use. Any area, land, building, structure and/or facility (including a park, plaza, swimming pool, tennis court, maintenance building, etc.) which is owned, used, leased or operated by the City of Terrell, Texas.

Nonconforming use/structure. A building, structure, or use of land lawfully occupied as of the effective date of this ordinance or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

Non-profit activity by church. An activity such as, but not limited to, a rummage sale, bake sale, fundraising event, charitable function, etc. that is clearly in furtherance of the religious institution's tax-exempt (i.e., non-profit) purpose. An activity that is intended to generate money for profit for the institution does not qualify as a non-profit activity by a church.

Nursery/garden shop (retail). A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.

Nursery. An facility (wholesale or retail), that may include buildings and/or greenhouses or open spaces, for the propagation, production and growth of plants, shrubs, trees, for display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.

Nursing, convalescent or rest home. See "skilled nursing facility".

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

Offices, professional and general business. A room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.

Office center. A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc.

Office showroom/warehouse. A retail/wholesale establishment which combines a storage and warehousing area which is not accessible to the general public with retail and wholesale sales areas, sales offices, and display areas that is accessible to the general public for products sold and distributed from the storage and warehousing areas.

Outside display. See "temporary outside retail sales".

Outside storage (also "open storage"). The permanent and/or continuous keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than 24 hours (i.e., overnight).

Paint shop. A commercial establishment where painting services are performed (but not automotive-related painting services, which would be included under "auto repair, major").

Parcel. Any unplatted tract of land, or any portion of an unplatted tract of land (also see "tract").

Park or playground (private). See "private recreation facility".

Park or playground (public). See "public recreation".

Parking lot. An off-street (i.e., not on a public street or alley), ground level area, paved in accordance with City of Terrell parking lot standards, for the short- or long-term storage of motor vehicles.

Parking lot or structure, commercial (auto). An area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.

Parking space. An off-street (i.e., not on a public street or alley) area, paved in accordance with City of Terrell parking lot standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street. Required parking spaces may not be used for outside storage, displays or accessory structures. Off-site parking that is used to satisfy the minimum parking standards must have written permission of the property owner and must be within 200 feet of the site it is serving. Each use in a combined or shared parking lot, such as a shopping center, must each meet the minimum standards for its own parking requirement (i.e. a parking space cannot be counted towards the requirement for separate uses)

Patio home (zero-lot-line dwelling). A single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side (i.e., wall) of such dwelling placed on the side property line. (See section 20.)

Pawn shop. An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily used (i.e., pre-owned) items is also allowed, provided that the sale of such items complies with local, state and federal regulations.

Payday advance/loan business. Any establishment, entity, business, corporation, or person required to be registered with the Texas Secretary of State as a credit services organization (CSO) under [V.T.C.A.] Finance Code ch. 393 that makes payday cash advances, payroll cash advances, short term cash loans, instant loans, or other short term money loan services and/or similar services for a specified fee, usually secured by a postdated check or authorization to make an electronic debit against an existing financial account, where the check or debt is held for an agreed-upon term, or until a customer's next payday, and then cashed unless the customer repays the loan to reclaim such person's check. Such establishments may charge a flat fee or other service charge and/or a fee or interest rate based on the size of the loan amount.

Personal service shop or custom personal services. Establishments primarily engaged in providing services generally involving the care of the person or his apparel and including (but not limited to) barber/beauty shops, dressmaking, shoe shining and repair, nail salon, tailor or seamstress services, and other similar types of uses (no outside storage) that are not otherwise defined specifically herein.

Pet shop and animal grooming. A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.

Petroleum distribution/storage/wholesale facility. A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.

Planned development district. Planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.

Planning and zoning commission. A board which is appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. Also referred to as the "commission."

Plat. A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City of Terrell, and which is approved by the City of Terrell and recorded in the plat records of Kaufman County.

Platted lot. See "lot" and "lot of record".

Playfield or stadium (public). - An athletic field or stadium owned and operated by a public agency (e.g., City of Terrell, the school district, etc.) for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.

Playfield or stadium (private). An athletic field or stadium owned and operated by an agency other than the City of Terrell or the school district.

Portable building sales. An establishment which displays and sells structures capable of being carried and transported to another location, but not including manufactured homes. Such display is wholly or partially out of doors.

Premises. Land together with any buildings or structures situated thereon, same as "lot".

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

Private access. Access to a property, other than from a dedicated street, which is approved by the City of Terrell.

Private club. An establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of Title 3, Chapter 32, Vernon's Texas Codes Annotated, Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs. (Also see chapter 5, section 2 of the city's Code of Ordinances.)

Private party rental facility. A facility that is leased or rented on a temporary basis for private parties. (Requires a temporary use permit, see section 38.10.)

Private recreation facility or private park. A recreation facility, park or playground which is not owned by a public agency such as the city or school district, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.

Produce stand. A seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods, typically from a non-permanent structure. No cooking or on-premises consumption of produce occurs on the site. All seasonal sales vendors must have a valid operating permit issued by the city.

Professional service. Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.

Propane sales. Retail sales of gaseous substances commonly used for household purposes such as propane and/or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.

Public recreation. Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in the City of Terrell's Code of Ordinances.

Public view. Public view means areas that can be seen from any public street.

Rear yard. See "yard, rear".

Recreation/community center. A public or private facility designed and equipped for the conduct of sports, special events, leisure time activities, and other customary and usual recreational activities.

Recreational vehicle (RV). A self-propelled (i.e., motorized), mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence. An RV may also be utilized as a permanent place of residence within districts that allow them to be used as such. (See also "heavy load vehicle".)

Recreational vehicle/camper sales and leasing. An establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.

Recreational vehicle (RV) park. An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis.

Recycling/donation bins or receptacles. A small uninhabited structure (120 square feet maximum) or temporary container (e.g., bin, box, receptacle, "igloo" or dumpster-type container) which provides a self-service location for the depositing of donated materials, non-liquid recyclable materials such as aluminum cans (e.g., "can banks"), glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are picked up periodically from the site. This definition does not include large trailers, containers owned and operated by the business tenant or owner, or manned collection centers.

Rehabilitation care facility/institution. A facility which provides residence and care to seven or more persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.

Residence. Same as a dwelling unit; also, when used with district, an area of residential regulations.

Residence hotels. A multi-unit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this ordinance.

Residential district. District where the primary purpose is residential use.

Restaurant or cafeteria (with drive-through or drive-in service). An eating establishment where vehicular traffic is primary to their business which may have indoor dining facilities as well as drive-in service where customers consume food in their vehicle including drive-through windows for pick-up of food for off-premises consumption.

Restaurant or cafeteria (with no drive-through service). An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window.

Retail or service, incidental. The rendering of incidental retailing or services incidental to the primary use. In the office district, for example, such uses may include a barber/beauty shop, smoke shop, news stand, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses which occupy less than 20 percent of the building or space that is occupied by the principal use.

Retail store/shop (for dry goods). This major group includes retail stores which sell any number of lines of primarily new merchandise including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, building materials, small wares, electronics, appliances, hardware, but not food or alcoholic beverages. Outside storage may or may not be permitted. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, home improvement centers, etc. and are divided into buildings containing less than 12,000 square feet or more than 12,000 square feet, which is the threshold for requiring fire sprinkler systems (except when certain occupancy loads require sprinklers regardless of square footage).

Retail store/shop (for food or alcoholic beverages). This major group includes retail stores which sell any number of lines of primarily food products including, but not limited to, prepared foods, can goods, fresh produce, dairy products, bakery products, meat products, delicatessen, or alcoholic and non-alcoholic beverages. Outside storage may or may not be permitted. The stores included in this group are known as grocery stores, food stores, convenience stores, etc. and are divided into buildings containing less than 12,000 square feet or more than 12,000 square feet, which is the threshold for requiring fire sprinkler systems (except when certain occupancy loads require sprinklers regardless of square footage).

Retirement housing for the elderly (also independent living center or congregate housing ). A development providing self-contained dwelling units specifically designed for the needs of the elderly. Units may be rented or owner-occupied. To qualify as retirement housing, a minimum of 80 percent of the total units shall have a household head 55 years of age or greater. No long-term or permanent skilled nursing care or related services are provided.

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

Salvage or reclamation of products (also see "wrecking yard"). The reclamation and storage of used products or materials.

Sand, gravel or stone extraction and/or storage. The process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.

School, business. A for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.

School, commercial trade. A for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.

School, private (primary or secondary). A school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.

School, public or parochial. A school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.

Scientific and industrial research laboratories. Facilities for research include laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

Screening. Shielded, concealed, and effectively hidden from the view of 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. Dumpsters, outside storage and loading docks must be screened from view from a public roadway in addition to screen walls that are required to be erected between nonresidential uses and residential uses unless specifically exempted by this ordinance.

Seasonal uses/items. Temporary seasonal uses include the sales of items such as Christmas trees, holiday decorations, pumpkins, snow cones, fresh produce, spring planting materials, and other items which are typically only available or marketed at certain times of the year in a non-permanent setting (i.e., includes itinerant vendors).

Servant's quarters or guest house. An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.

Sexually oriented business. See chapter 5, section 5-14 of the city's Code of Ordinances.

Shopping center. A group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.

Side yard. See "yard, side".

Single-family dwelling, attached (townhouse). A dwelling which is joined to another dwelling at one or more sides by a party (i.e., shared) wall, which is designed for occupancy by one family, and which is located on a separate lot delineated by front, side and rear lot lines.

Single-family dwelling, detached. A dwelling designed and constructed as a free-standing structure for occupancy by one family, and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.

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

Small engine repair shop. Shop for the repair of lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder engines.

SMART Code, Version 9. 2. The SMART Code, Version 9.2 is an established published international standard for sustainable development that is based on the model of hundreds of successful, thriving towns that preserves the character of small town neighborhoods through design elements which promote pedestrian friendly walkable development, with strict guidelines which control building placement and architecture, sidewalk and street layout, parking lot design, and landscaping.

Smoke shop. A retail establishment in which tobacco or tobacco derivatives, electronic cigarettes, smoking devices, pipes, accessories, associated products, paraphernalia, liquid products containing nicotine, flavors or other substances intended for use in electronic cigarettes. Definition includes smoke shops, cigar stores, cigarette stores, head shops, vapor shops, etc. which are restricted to persons 18 years of age or older.

Stable, commercial. A stable used for the rental of stall space or for the sale or rental of horses or mules.

Stable, private. An area used solely for the owner's private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale.

Storage or wholesale warehouse. A building used primarily for the storage of goods and materials.

Story. That portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The average height for a story shall be defined as 12 feet. The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories (i.e., height) of a building shall be measured from a point representing the average slope from front to back (or side to side) of the building.

Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.

Street. Any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than 60 feet.

Street intersection. Any street which joins another street at an angle, whether or not it crosses the other.

Street yard. The area between the building line and the property line/right-of-way) line. On most lots, this will be the front yard, but in some instances can also be the side yard and/or rear yard, depending on the configuration of the lot to adjacent rights-of-way.

Structure. Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see definition of "building").

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

Studio, health/reducing/fitness. Includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses.

Studio, tattoo or body piercing. A building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Studio for radio and television. A building or portion of a building used as a place for radio or television broadcasting.

Swimming instruction as a home occupation. The teaching of swimming in a private swimming pool. (Also see home occupation regulations, section 41.)

Swimming pool, commercial. A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.

Swimming pool, private. A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with chapter 4, section 4-9 of the City of Terrell Code of Ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Telemarketing center. An establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occur at or on the premises. No products are stored at or on the premises.

Telephone and exchange, switching/relay or transmitting station. A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.

Temporary building. Any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.

Temporary field office or construction yard or office. A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one year for a specific time and location as determined may be issued by the municipal development department and shall be subject to review and renewal for reasonable cause.

Temporary outside retail sales/commercial promotion (also "outside display"). Outside temporary display of finished goods that are specifically intended for retail sale by the owner or lessee of the premises (i.e., does not include itinerant vendors) but not displayed outside overnight.

Temporary uses. Uses lasting for only a limited period of time; not permanent. Short-term or seasonal uses that would not be appropriate on a permanent basis, which typically require a special permit issued by the city.

Tennis court, private. A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the specific use permit.

Theater, drive-in (outdoor). An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater or playhouse (indoor). A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Thrift store. A retail store that primarily sells second-hand or used merchandise, furniture, clothing and other goods to the general public excluding an antique store as defined herein.

Tire dealer, no outside or open storage. A retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.

Tire dealer, with outside or open storage. A retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.

Tool and machinery rental shop. A building or a portion of a building used for the display and rental of tools, machinery and instruments.

Tract. A single individual parcel or lot.

Trailer rental. The display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.

Trailer, travel or camping. A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.

Transportation and utility structures/facilities. Permanent facilities and structures operated by companies engaged in providing transportation and utility services including, but not limited to, railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.

Truck. A light or heavy load vehicle (see definitions for "light load vehicle" and "heavy load vehicle").

Truck and bus repair. An establishment providing major and minor automotive repair services to heavy load vehicles.

Truck and bus leasing. The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.

Truck stop. A facility for the parking, refueling and/or minor repair of heavy load tractor-trailer trucks. These facilities may also include retail sales of food and/or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters.

Truck terminal. An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.

Truck sales (heavy trucks). The display, sale or rental of new or used heavy load vehicles in operable condition.

Two-family dwelling (duplex). Two attached dwelling units in one structure that are divided by a property line centered on the common wall with each unit located on its own platted lot, each designed to be occupied by one family.

Usable open space. An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding ten percent, 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 (see also subsections 20.5.A—D.).

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

Utility distribution/transmission lines. Facilities which serve to distribute and transmit electrical power, gas and water, including, but not limited to, electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the city or private utility company.

Variance. An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the board of adjustment of the City of Terrell can grant a variance subject to the restrictions as stated in section 9.

Veterinarian clinic. An establishment where animals and pets are admitted for examination and medical treatment (also see "kennels").

Warehouse distribution center. Typically a large scale storage facility which receives equipment, products, parts, goods or merchandise that are redistributed to industrial, manufacturing, wholesale or retail customers.

Wedding rental facility. A private secular (non-church) facility which is leased or rented on a temporary basis for private wedding parties or other private parties. (Same as private party rental facility which requires a temporary use permit, See subsection 38.10)

Wrecking yard (junkyard or auto salvage). Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this ordinance that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used. (See illustration 38-6.)

Yard, front. A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building. (See illustration 38-6.)

Yard, rear. The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. (See illustration 38-8.)

Yard, side. The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building. (See illustration 38-8.)

Zero-lot-line dwelling. See "patio home".

Zoning board of adjustment. A board which is appointed by the city council, and which is authorized to make special exceptions to the zoning ordinance (i.e., variances), and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. Also referred to as the "BOA."

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

Zoning district map. The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance. The official zoning map is maintained by the city secretary, all other copies, depictions posted on the internet, or electronic versions are for reference only and are not to be considered official for zoning purposes.

( Ord. No. 2669, art. I, 9-6-16 ; Ord. No. 2685, art. I, 1-17-17 ; Ord. No. 2693, art. I, 5-16-17 )