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					      Cit y of Abilene, Texas




   Chapt er 5: Def init ions
LAND DEVELOPMENT CODE


    Ef f ect ive: June 1, 2010




                    Submit t ed By:
   Sef ko Planning Group, Freese and Nichols, I nc.
{This page intentionally left blank for two-sided printing.}
         Land Development Code                Chapter 1: General Provisions               Table of Contents




                              Table of Cont ent s

Art icle 1     Def init ions.................................................................................. 1
  Division 1        Def init ions...................................................................................... 1
     Sect ion 5.1.1.1 Usage and I nt erpr et at ion ................................................................. 1
     Sect ion 5.1.1.2 Def init ions in Ot her Locat ions Wit hin t he LDC.................................... 1
     Sect ion 5.1.1.3 Land Use Def init ions ........................................................................ 1
     Land Use Def init ions - A............................................................................................. 1
     Land Use Def init ions - B............................................................................................. 6
     Land Use Def init ions - C............................................................................................. 7
     Land Use Def init ions - D ............................................................................................ 9
     Land Use Def init ions - E........................................................................................... 12
     Land Use Def init ions - F ........................................................................................... 12
     Land Use Def init ions - G .......................................................................................... 13
     Land Use Def init ions - H .......................................................................................... 14
     Land Use Def init ions - I ........................................................................................... 15
     Land Use Def init ions - J ........................................................................................... 15
     Land Use Def init ions - K........................................................................................... 15
     Land Use Def init ions - L ........................................................................................... 16
     Land Use Def init ions - M .......................................................................................... 17
     Land Use Def init ions - N .......................................................................................... 18
     Land Use Def init ions - O .......................................................................................... 19
     Land Use Def init ions - P........................................................................................... 19
     Land Use Def init ions - Q .......................................................................................... 21
     Land Use Def init ions - R........................................................................................... 21
     Land Use Def init ions - S........................................................................................... 24
     Land Use Def init ions - T ........................................................................................... 26
     Land Use Def init ions - U .......................................................................................... 27
     Land Use Def init ions - V........................................................................................... 27
     Land Use Def init ions - W.......................................................................................... 28
     Land Use Def init ions - X........................................................................................... 30
     Land Use Def init ions - Y........................................................................................... 30
     Land Use Def init ions - Z ........................................................................................... 30
     Sect ion 5.1.1.4 General Def init ions ........................................................................ 30
     General Def init ions - A ............................................................................................. 30
     General Def init ions - B ............................................................................................. 31
     General Def init ions - C............................................................................................. 33
     General Def init ions - D............................................................................................. 36
     General Def init ions - E ............................................................................................. 37
     General Def init ions - F ............................................................................................. 38
     General Def init ions - G............................................................................................. 39
     General Def init ions - H............................................................................................. 39
     General Def init ions - I .............................................................................................. 40
     General Def init ions - J.............................................................................................. 40


                                       City of Abilene, Texas           Page 5- i
    Land Development Code               Chapter 1: General Provisions                Table of Contents


General Def init ions - K ............................................................................................. 40
General Def init ions - L ............................................................................................. 40
General Def init ions - M ............................................................................................ 41
General Def init ions - N............................................................................................. 41
General Def init ions - O............................................................................................. 42
General Def init ions - P ......................................................................................... 4342
General Def init ions - Q............................................................................................. 44
General Def init ions - R......................................................................................... 4544
General Def init ions - S ............................................................................................. 45
General Def init ions - T ......................................................................................... 4847
General Def init ions - U............................................................................................. 48
General Def init ions - V ......................................................................................... 4948
General Def init ions - W ............................................................................................ 49
General Def init ions - X ............................................................................................. 49
General Def init ions - Y ............................................................................................. 49
General Def init ions - Z ............................................................................................. 50




                                  City of Abilene, Texas          Page 5- ii
            Land Development Code        Chapter 5: Definitions     Article 1: Definitions




Ar t icle 1        D e f i n i t i on s
  D ivision 1         D e f i n i t i on s
   Se ct ion 5 . 1 . 1 . 1 Usa ge a nd I nt e r pr e t a t ion
     (a) Usage. The following definitions are intended to provide descriptions for words and
         terms used within this LDC. Absent any conflict, words and terms used in this LDC
         shall have the meanings ascribed thereto in this Chapter 5.
     (b) Conflicts. When words and terms are defined herein, and are also defined in other
         ordinance(s) of the City, shall be read in harmony unless there exists an
         irreconcilable conflict, in which case the definition contained in this Chapter 5 shall
         control.
     (c) Present and Past Tenses. Words used in the present tense include the future;
         words in the singular number include the plural number, and words used in the
         plural number include the singular number.
     (d) Specific Word Usage. The word shall is mandatory and not directory. The word
         building includes the word structure
     (e) Words Not Defined. For any definition not listed in this Chapter 5 of this LDC, the
         definition found within the latest edition of Webster s Dictionary shall be used.



   Se ct ion 5 . 1 . 1 . 2 D e f init ion s in Ot he r Loca t ions W it hin t he LD C
     (a) For the purpose of this LDC, certain terms and words are to be used and interpreted
         as defined within the articles, divisions, or sections of this LDC wherein they apply to
         certain regulations. These sections include:
             (1) Chapter 1, Article 3, Division 3, Dormant Projects, specifically within
                 Section 1.3.3.8.
                 (2) Chapter 3, Article 1, Division 11, Stormw ater Management
                 Requirements, specifically within Section 3.2.11.1.
             (3) Chapter 2, Airport Zoning



   Se ct ion 5 . 1 . 1 . 3 La nd Use D e f init ion s
     (a) Land Use Definitions & Matrix Correlation. The symbol                  denotes that the
         definition is reflected as a use in the Land Use Matrix in Chapter 2, Article 5, Division


                                                                              La nd Use D e f init ions - A




                                 City of Abilene, Texas     Page 5- 1
  Land Development Code      Chapter 5: Definitions   Article 1: Definitions


 (1) ACCESSORY DWELLI NG:               A subordinate building that is detached from
     the primary on-site structure, is used as a residence, is incidental to the main
     structure (i.e., the building area must be significantly less than that of the main
     structure), and is not involved in the conduct of a business.
 (2) ACCESSORY SHELTER: A housing shelter in an accessory building 1) located
     on the same site as a principal building, or 2) located on a site owned and
     operated by religious, civic, fraternal, social, institutional or governmental
     agency providing free accessory lodging for indigent individuals and/ or families
     with no regular home or residential address. An accessory shelter may house
     no more than 15 individuals at any one time and operates up to a maximum of
     two (2) days/nights per week.
 (3) ACCESSORY STRUCTURE: A subordinate building that is detached from the
     primary on-site building and is clearly secondary and incidental to the main
     use.
(4)   ADULT ENTERTAI NMENT ENTERPRISE: Any business activity whether in
      public, semi-public or private premises, which offers the opportunity to feel,
      handle, touch, paint, be in the presence of, or be entertained by the unclothed
      body or the unclothed portion of the body of another person, or to observe,
      view, or photograph any such activity. Except as specifically provided otherwise
      herein, nothing in this section is intended to regulate:
       a. Any business operated by or employing psychologists, physical therapists,
          athletic trainers, licensed masseuse, cosmetologists, or barbers, licensed
          by the State of Texas, performing functions authorized under the licenses
          held.
       b. Any business operated by or employing physicians, osteopaths,
          chiropractors or nurses, licensed by the State of Texas, engaged in
          practicing the healing arts.
       c. Any retail establishment whose major business is the offering of wearing
          apparel for sale to customer.
      Adult Entertainment Enterprises furthermore include, but are not limited to, the
      following:
       a. Adult Bookstore/ Film Store. An establishment or commercial enterprise
          having 10% or more of its stock in trade; videos, tapes, cassettes,
          photographs, books, magazines and other periodicals which are
          distinguished by a predominant emphasis on matter(s) depicting,
          describing, or relating to "specific sexual activities" or "specified
          anatomical areas" as defined below.
       b. Movie Arcade. Any business wherein is operated a film or videotape
          viewing device. A film or videotape viewing device or booth subject to
          these provisions is defined as:
            1. Viewing Booths/ Arcades          An establishment or commercial
               enterprise which has within its structure any electrical or mechanical
               device, which projects or displays any film, videotape or
               reproduction into a viewing area obscured by a curtain, door, or


                     City of Abilene, Texas   Page 5- 2
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


             wall, or other enclosure which is designed for occupancy by no
             more than five persons, and is used for presenting material
             distinguished or characterized by a predominant emphasis on
             matters depicting, describing, or relating to "specified sexual
             activities" or "specified anatomical areas" for observation by five (5)
             or fewer persons.
          2. Adult Motion Picture Theatre        An establishment or commercial
             enterprise which has an enclosed building with a capacity of more
             than five (5) persons and is used for presenting material
             distinguished or characterized by a predominant emphasis on
             matter depicting, describing or relating to "specified sexual
             activities" or "specified anatomical areas" for observation by
             patrons.
    c. Adult Cabaret. An establishment whose portion of business is the
       offering to customers of live entertainment which is intended to provide
       sexual stimulation or sexual gratification to such customers, including but
       not limited to dancing, posing, modeling, acting, and which is
       distinguished by or characterized by a predominant emphasis on matter
       depicting, describing, or relating to "specified sexual activities," or
       "specified anatomical areas."
    d. Adult Encounter Parlor. An establishment whose business consists of
       premises where customers either congregate, associate, or consort with
       employees who engage in "specified sexual activities" with or in the
       presence of such customers, or who display "specified anatomical areas"
       in the presence of such customers, with the intent of providing sexual
       stimulation or sexual gratification to such customers.
    e. Adult Lounge. An "adult cabaret" as defined above which is permitted or
       licensed pursuant to the Alcoholic Beverage Code where alcoholic
       beverages may be served or sold.
    f.   Adult Drive-In Theatre. A drive-in theatre used for presenting motion
         picture films, video cassettes, cable television, or any other such visual
         media, distinguished or characterized by a predominant emphasis on
         matter depicting, describing or relating to "specified sexual activities" or
         "specified anatomical areas".
    g. Adult Retail Store. This is a retail establishment in which:
        1. Ten percent or more of the "stock in trade" consists of items,
             products or equipment distinguished or characterized by an
             emphasis on "specified sexual activities" or "specified anatomical
             areas"; or
        2. Any person is excluded by virtue of age from all or part of the
             premises generally held open to the public where products or
             equipment distinguished or characterized by an emphasis on
             "specified sexual activities" or "specified anatomical areas".
    h. Specified Sexual Activities.   For the purpose of defining Adult
       Entertainment Enterprise, the following shall be considered specified
       sexual activities:


                   City of Abilene, Texas   Page 5- 3
 Land Development Code       Chapter 5: Definitions   Article 1: Definitions


            1. Human genitals in a state of sexual stimulation or arousal; or
            2. Acts of human masturbation, sexual intercourse, sodomy, acts of
               bestiality;
            3. Fondling or other erotic touching of human genitals, pubic region,
               buttock or female breast.
      i.   Specified Anatomical Areas.     For the purpose of defining Adult
           Entertainment Enterprise, the following shall be considered specified
           anatomical areas:
            1. Less than completely and opaquely covered:
                  (a) Human genitals, pubic region
                  (b) Buttock
                  (c) Female breast below a point immediately above the top of
                      the areola; and
                  (d) Human genitals in a discernibly erect state, even if
                      completely and opaquely covered.
      j.   Stock in Trade. For the purpose of defining Adult Entertainment
           Enterprise, Stock in Trade shall be defined as the total volume or number
           of items, products or equipment available for purchase, rental, viewing or
           use by patrons of the establishment, excluding material located in any
           storeroom or other portion of the premises not regularly open to patrons.
(5) AI RCRAFT AND ACCESSORIES: Any contrivance now known or hereafter
    invented for use in or designed for navigation or flight in the air and
    accessories with such aircraft.


(6) AI RPORT, HELI PORT:            An area reserved or improved for the landing or
    take-off of aircraft, including rotary wing aircraft, which may include fueling or
    servicing facilities for such craft.
(7) AMBULANCE SERVI CE:         Provision of private (not operated by the City of
    Abilene) emergency transportation which may include mobile medical care, and
    the storage and maintenance of vehicles.
(8) AMENI TI ZED DETENTI ON/ RETENTI ON POND: An area that is designed
    to capture, store and release stormwater and that is designed as a site amenity
    by being aesthetically pleasing, by providing recreational or aesthetic value,
    and by being constructed to seem natural (i.e., without visible concrete). Such
    areas have a natural edge and are designed to resemble a naturally created
    lake or pond. Also refer to the definition of Amenity below.
(9) AMUSEMENT FACI LI TY, PERMANENT:                  An amusement enterprise
    offering entertainment or games of skill to the general public for a fee or
    charge, wherein portions of the activity may take place in or out of doors,
    including a bowling alley, ice skating rink, racquetball/ handball club, indoor
    tennis courts/ club, indoor swimming pool or scuba diving facility, and billiard




                     City of Abilene, Texas   Page 5- 4
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   parlor, a golf driving range, archery range, miniature golf course, batting
   cages, go-cart tracks, and amusement park.
(10)     AMUSEMENT FACI LI TY, TEMPORARY:                An amusement enterprise
   that is in operation on a temporary basis (i.e., one (1) month or less) offering
   entertainment or games of skill to the general public for a fee or charge.
   Activity may take place in or out of doors. Examples include a carnival, circus,
   or haunted house.
(11)     ANI MAL LOT:      Any area for quartering any ungulated or hoofed
   (even-toed and odd-toed) animals including horses, cows, sheep, goats, etc.
   This may also include a facility for the keeping of such animals, such as a
   stable.
(12)    ANTI QUE SHOP:         A business which sells items whose value is greater
   than original purchase price because of age or extrinsic value.
(13)     APARTMENT: See Dwelling - Multi-Family.
(14)     ART GALLERY:        Where objects of art are created or displayed for the
   public enrichment or where said objects of art are displayed for sale (including
   the teaching of both painting and sculpting).
(15)    ARTS SCHOOL: Schools providing teaching and training in the
   performing arts, fine arts, and martial arts.
(16)      ASSI STED LI VI NG FACI LI TY:        A type of Personal Care Facility (see
   definition) in which four (4) or more elderly (over 55 years of age) persons,
   regardless of legal relationship, live and 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 or
   full kitchen facilities. Full-time medical or nursing care is not 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.).
(17)     ATM, SELF-SERVI CE KI OSK AND SI MI LAR               FACI LI TI ES: Various
   self-service facilities where a product or service is        dispensed through a
   machine. Such uses have no employees on the site            except to periodically
   maintain and restock the machines. These facilities may     be walk-up or drive-up
   in nature. Examples include fuel stations and ATM s.
(18)     AUTOMOBI LE PARTS AND SUPPLI ES ( RETAI L SALES ONLY) :
   The use of any building or other premises for the primary inside display and
   sale of new or used accessories and/ or parts, including tires, for automobiles,
   panel trucks or vans, trailers, or recreation vehicles. This definition expressly
   does not include a Wrecking or Salvage Yard ; this is separately defined
   herein.
(19)    AUTOMOBI LE AND SMALL TRUCK RENTAL AND LEASI NG:                       A
   business establishment that provides for the renting of automobiles and light



                   City of Abilene, Texas   Page 5- 5
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   trucks on a short-term basis (differentiated from leasing, which is on a long-
   term basis). This may also involve the incidental storage of the automobiles
   and light trucks being rented.
(20)     AUTOMOBI LE AND SMALL TRUCK REPAI R ( 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; vehicle steam
   cleaning; undercoating and rustproofing; those uses listed under Automobile
   Repair (Minor); and other similar uses.
(21)     AUTOMOBI LE AND SMALL TRUCK REPAI R ( MI NOR) :                     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;        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 Automobile Repair (Major) or any other similar use.
(22)    AUTOMOBI LE AND SMALL TRUCK SALES AND/ OR SERVI CE:                  A
   paved area for the display for sale of motorized and non-motorized vehicles
   accompanied by an on-site office with staffing during normal business hours,
   which may include the service of vehicles on-site.
(23)     AUTOMOBI LE PARKI NG LOT OR STRUCTURE ( Commercial) :                 An
   area, enclosed or unenclosed, used for the parking or storage of motor vehicles
   as a business enterprise. A fee may be charged to users of the parking area.
(24)     AUTOMOBI LE WASH, FULL-SERVICE:                    Washing, waxing or
   cleaning of automobiles or light duty trucks where the employees of the
   establishment wash, dry, wax and/or detail vehicles for a fee.
(25)     AUTOMOBILE WASH, SELF-SERVICE:              Washing, waxing or cleaning
   of automobiles or light duty trucks where 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.


                                                              La nd Use D e f init ions - B
(26)    BAKERY, RETAI L TRADE:       Includes only those bakeries that produce
   on the premises some or all of the products sold on premises, primarily for



                   City of Abilene, Texas   Page 5- 6
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   retail distribution, or those which do not produce on the premises the bakery
   goods which are sold.
(27)   BAKERY, WHOLESALE TRADE:               Include only those bakeries that
   manufacture bakery goods primarily for wholesale distribution.
(28)     BANKI NG SERVI CES:           An establishment for the custody, loan,
   exchange and/ or issue of money, the extension of credit, and/ or facilitating the
   transmission of funds, examples of which include banks, saving and loans, and
   credit unions. The establishment may or may not have the ability to provide
   services via a drive-up window, also known as motor bank services.
(29)    BANKING SERVICES, REMOTE AUTOMATIC:                An automated device
   that performs banking or financial functions at a location remote from the
   controlling financial institution.
(30)    BED AND BREAKFAST:                A dwelling in which sleeping
   accommodations are provided in not more than five (5) rooms for transient
   guests and one (1) or more meals are provided (for guests only), both for
   compensation. Guest rooms do not have kitchen facilities. The period during
   which accommodations and breakfast are provided generally does not exceed
   seven (7) days.
(31)     BLUEPRI NTI NG AND/ OR PHOTOCOPYI NG SERVI CE:                        An
   establishment which primarily reproduces, in printed form, individual orders
   from a business, profession, service, industry or government organization. Off-
   set, letter press, and duplicating equipment are used, but no rotary presses or
   linotype equipment are used. Related services might include faxing, digitizing,
   graphic reproducing, and report assembling.
(32)     BOARDI NG AND/ OR ROOMI NG HOUSE:                   An establishment where
   lodging is provided for compensation: a) by prearrangement, b) in rooms
   without kitchen facilities, c) for four (4) to nineteen (19) roomers or boarders,
   d) for periods of one week or longer and e) with or without meals, available for
   guests only.
(33)     BROADCAST STUDI O: An establishment containing one or more
   broadcasting studios for over-the-air, cable, or satellite delivery of radio or
   television programs or studios for the audio or video recording of musical
   performances, radio or television programs or motion pictures. This term does
   not include an antenna tower.


                                                              La nd Use D e f init ions - C
(34)    CAMPGROUND: Any area of land on which is located a cabin, tent or
   other type of shelter suitable and intended for use in a temporary, seasonal
   manner. Also see Vacation Travel Trailer Park.
(35)    CEMETERY CREMATORI UM, AND MAUSOLEUM: Land used or
   intended to be used for the burial of the dead and dedicated for cemetery
   purposes including columbariums, crematoriums, mausoleums, and funeral


                   City of Abilene, Texas   Page 5- 7
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   establishments, or any combination thereof.
(36)    CHILD DAY-CARE OPERATION: This is a general definition that means
   the care, supervision, training, or education of an unrelated child or children
   under fourteen (14) years old for less than twenty-four (24) hours per day that
   occurs in a place other than the child's own home. This definition includes child
   day care provided to school-age children before and/ or after the customary
   school day.
     a. Center-Based Operation.
         1. Child-Care Center. An operation providing care for seven or more
            children under 14 years of age for less than 24 hours per day at a
            location other than the permit holder's home.
         2. Kindergarten and Nursery School. An operation that provides an
            educational program that is four hours or less per day and more
            than two days a week for children two through six years.
     b. Home-Based Operation.
         1. Listed Family Home. A caregiver at least 18 years old that provides
              care in her own home for compensation, for three or fewer children
              unrelated to the caregiver, birth through 13 years, for at least four
              hours a day, three or more days a week, and more than nine
              consecutive weeks. The total number of children in care, including
              children related to the caregiver, may not exceed 12.
         2. Registered or Licensed Child-Care Home. The primary caregiver
              provides care in the caregiver's own residence from birth through
              13 years. The total number of children in care at any given time,
              including the children related to the caregiver, must not exceed 12.
   For additional reference, see Texas State law, Chapter 745, Licensing,
   Subchapter B.
(37)     CHURCH or PLACE OF WORSHI P:              A building for regular assembly
   for religious public worship which is used primarily for and designed for such
   purpose, along with accessory activities which are customarily associated
   therewith, such as a place of residence for ministers, priests, nuns or rabbis on
   the premises, and that is tax exempt as defined by State law. For the
   purposes of this ordinance, Bible study and other similar activities which occur
   in a person's primary residence shall not apply to this definition.
(38)     CI VI C, SOCI AL & FRATERNAL ORGANI ZATI ON.            Any association,
   club, organization, unincorporated, not required to be licensed by the Texas
   Alcoholic Beverage Commission and organized for the purpose of social, civic,
   fraternal or recreational purposes.
(39)     CONTRACTOR SERVI CES: Businesses that construct and repair
   buildings, roads and other pavement; install landscaping, fences, swimming
   pools, and other structures; as well as what are often referred to as sub-
   contractors that do installation, service repair such as electrical, plumbing, and
   mechanical.




                   City of Abilene, Texas   Page 5- 8
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(40)     COMMERCI AL STABLE: A structure and/ or land use in or on which
   large animals are kept for one or more of the following purposes: sale, hire,
   breeding, boarding, or training. Also see Stable.
(41)    COMMERCI AL TRADE SCHOOL:                A for-profit business that offers
   vocational instruction and training in trades such as the computer industry,
   welding, brick laying, machinery operation/ repair, cosmetology, beauty/barber
   school and similar trades.
(42)     COMMERCI AL USE: A type of nonresidential land use that has one or
   more of the following characteristics: 1) the use is service-oriented; 2) the use
   does not primarily sell retail items; 3) the use sells goods or products on a
   wholesale basis; or 4) the use has or has the need for open storage areas or
   warehouses its products. Such uses include motels, auto dealerships, welding
   shops, manufactured home sales, self-storage units, funeral homes, automobile
   repair shops, and air conditioning and/or heating services.
(43)     COMMON OPEN SPACE: A parcel or parcels of land, or an area of
   water in combination with land, within a site designed and intended for the use
   and enjoyment of residents and owners belonging to an association as defined
   herein. Common open space may contain such complementary structures and
   improvements as are necessary and appropriate for the benefit and enjoyment
   of residents and owners belonging to an association. Also may be referred to
   as Common Area.
(44)     COMMUNI TY HOME:          A place where not more than six (6) physically
   or mentally impaired or handicapped persons (regardless of legal relationship)
   are provided room and board, as well as supervised care and rehabilitation by
   not more than two (2) persons. Such home and the persons that reside
   therein shall meet all the specifications and requirements of the Community
   Homes for Disabled Persons Disabilities Act, Chapter 123 of the Texas Human
   Resources Code. Also may be referred to as a Family Home (refer to Chapter
   202 of the Texas Property Code).
(45)     CORRECTI ON, DETENTI ON OR PENAL FACI LI TI ES: A facility
   housing persons awaiting trial or persons serving a sentence after being found
   guilty of a criminal offense.
(46)    COURTYARD: An open space bounded on more than two (2) sides by
   the walls of a building.
(47)    CULTURAL FACI LI TI ES: Non-profit, institutional, and governmental
   uses located within buildings that provide educational, cultural fine arts and
   performing arts to patrons. Examples of such uses include galleries, live
   theaters for performing arts, museums, studios for the arts, and libraries.


                                                              La nd Use D e f init ions - D
(48)    DEPARTMENT STORE:              A store selling a wide variety of goods, which
   are arranged into departments.



                   City of Abilene, Texas   Page 5- 9
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(49)    DETENTI ON/ RETENTI ON POND:              As defined within the City of
   Abilene Standard Specifications for Construction (ASSC).
(50)    DI SASTER SHELTER: A shelter facility that provides temporary housing
   to people and/ or families during times of severe life-threatening weather
   conditions (including, but not limited to hurricanes, natural disasters, extreme
   temperatures) or other emergency conditions.
(51)    DORMITORY:         Any structure specifically designed to house student
   tenants associated with a university, college or school, public or private.
   Rooming units do not have individual kitchen facilities. A dormitory may
   contain common food preparation and eating facilities primarily for the use of
   the occupants of these buildings.
(52)      DRAG STRIP or COMMERICAL RACING:              An establishment where a
   pre-established race course, including courses for mini-bikes and motorcycles,
   of at least ¼-mile in length is located.
(53)    DRIVE- I N THEATER:          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.
(54)     DRIVE-THROUGH FACI LI TY: A building opening, including windows,
   doors, or mechanical devices attached to or detached from the building,
   through which occupants of a motor vehicle receive or obtain a product or
   service.
(55)     DWELLI NG/ DWELLI NG UNI T: Any building or portion thereof which
   is designed or used exclusively for residential purposes by one family for living,
   sanitary, and sleeping purposes.
(56)     DWELLING - DUPLEX:               A residential building on a single lot
   containing two attached dwelling units, each designed to be occupied by one
   family (i.e., the building is occupied by not more than two families) and each
   having a separate entrance.
(57)     DWELLING - I NDUSTRI ALI ZED HOUSI NG UNI T:                   (Also called
   Modular Prefabricated Structure or Modular Home.) A structure that is
   manufactured at a location other than the homesite, utilizing assembly-line
   type production techniques or other construction methods unique to the
   manufacturing process. The structure or modules are transported from the
   manufacturing plant in one or more sections on a temporary chassis or other
   conveyance device and designed to be used as a permanent dwelling when
   installed on a permanent foundation. The term includes the plumbing, heating,
   air-conditioning, and electrical systems contained in the structure. All modules
   shall bear a permanently affixed "decal" issued by the Texas Department of
   Labor and Standards and indicating compliance with the standards, rules and
   regulations established by the Department for modular homes. The term shall
   not include nor apply to the following:
     a. "Sectional" or "panelized" housing where the basic components
         assembled at the homesite are not at least three-sided modules,



                   City of Abilene, Texas   Page 5- 10
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


     b. A home which is singly and separately constructed for relocation, and
        built to the city building code,
     c. Modules incorporating concrete or masonry as primary structural
        component,
     d. A HUD-Code manufactured home as defined in this LDC.
     e. A mobile home as defined herein this LDC.
(58)    DWELLING-INSTITUTIONAL: Residential development designed to
   accommodate institutional residential uses such as retirement homes, nursing
   homes, convents, dormitories, and sorority & fraternity houses.
(59)     DWELLING - MANUFACTURED HOME ( HUD-CODE):                    A structure
   constructed on or after June 15, 1976, according to the rules of the United
   States Department of Housing and Urban Development, transportable in one or
   more sections, which, in the traveling mode, is eight (8) body feet or more in
   width or forty (40) body feet or more in length, or when erected on site, is
   three hundred and twenty (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.
(60)     DWELLING - MOBI LE HOME:              A structure that was constructed
   before June 15, 1976, transportable in one or more sections, which, in the
   traveling mode, is eight (8) body feet or more in width or forty (40) body feet
   or more in length, or when erected on site is three hundred and twenty (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.
(61)     DWELLING - MULTI PLE-FAMILY:             A residential building containing
   three (3) or more dwelling units that are designed for occupancy by three or
   more families, with the number of families not to exceed the number of
   dwelling units. The residential building contains dwelling units that are
   designed to be occupied by families living independently of one another. The
   term includes cooperative apartments, condominiums, and the like. For the
   purpose of these regulations, regardless of how rental units are equipped, any
   multi-family dwelling in which units are available for rental periods less than
   one (1) week shall be considered a hotel or motel.
(62)     DWELLING - PATI O HOME:                A type of detached, single-family
   dwelling on a separately platted lot which is designed such that one side yard
   is reduced to zero feet, 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.
(63)     DWELLING - SI NGLE-FAMILY: A residential building, other than a
   mobile home, designed for occupancy by one family or individual. The term is
   general and includes such specialized types such as single-family detached,
   single-family attached (townhomes), and patio homes.         For regulatory



                  City of Abilene, Texas   Page 5- 11
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


   purposes, the term shall not be construed to mean manufactured homes,
   mobile homes, industrialized homes, travel trailers, housing mounted on
   self-propelled or drawn vehicles, tents, or other forms of portable or temporary
   housing.
(64)     DWELLING - SI NGLE-FAMI LY DETACHED:                     A single-family
   dwelling unit with no attached wall(s) or dwelling unit(s) that is designed for
   occupancy by one family or individual and that is entirely separated from
   structures on adjacent lots..
(65)     DWELLING - TOWN HOME:          One of a group of no less than three
   (3) nor more than twelve (12) attached dwelling units, separated by a fire
   rated wall


                                                             La nd Use D e f init ions - E
(66)    EDUCATI ONAL         AND      SCI ENTI FI C     RESEARCH: Research,
   development, and testing laboratories that do not involve the mass
   manufacture, fabrication, processing or sale of products.
(67)    ELECTRI CAL APPLI ANCE REPAI R:                 The maintenance and
   rehabilitation of appliances that are customarily used in the home including,
   but not limited to, washing and drying machines, refrigerators, dishwashers,
   trash compactors, ovens and ranges, countertop kitchen appliances, vacuum
   cleaners, etc., but not including appliances/ equipment which have internal
   combustion engines.
(68)       EXTENDED STAY HOTEL/ MOTEL:                A multi-unit, extended stay
   lodging facility consisting of efficiency units 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.


                                                             La nd Use D e f init ions - F
(69)    FAIRGROUNDS/RODEO: An indoor or outdoor area used for
   agricultural related offices, animal shows and judging, carnivals, circuses,
   concerts, food booths and stands, games, rides, and rodeos.
(70)    FARM, AGRI CULTURAL:           An area used for the production thereon of
   farm crops such as vegetables, fruit trees, cotton, or grain, and the storage of
   such crops.
(71)    FARM, RANCHI NG AND LIVESTOCK:              An area used for the raising
   thereon of the usual farm animals such as horses, chickens, cattle, and sheep
   and including the necessary accessory uses for raising, treating, and storing
   animals on the premises, but not including the commercial feeding of offal or




                  City of Abilene, Texas   Page 5- 12
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


   garbage to swine or other animals and not including any type of husbandry
   specifically prohibited by ordinance or law.
(72)     FEEDLOT, COMMERCI AL:            Confined areas where cattle or other
   livestock are held for extended periods of time for the purpose of weight
   increase by feeding of high percentage grain feed.
(73)    FI ELD OFFI CE OR CONSTRUCTI ON OFFI CE (temporary): A mobile
   home or temporary building used to provide on-site office space at an active
   construction site.
(74)     FLEA MARKET: A periodic market held in an open area or within a
   structure, where groups of individual sellers offer their goods for sale to the
   public.   Flea markets are typically characterized by no long-term lease
   arrangements between individual sellers and flea market operators.
(75)     FRATERNI TY OR SORORI TY HOUSE:                   A building other than a
   hotel/ motel or a boarding/ rooming house that is occupied only by individuals
   enrolled in a college or university located within the City and persons to attend
   the house and supervise activities of the fraternity or sorority. Except for the
   attendants, each resident is a member of a fraternity or sorority that is
   recognized by the college or university and chartered by a state or national
   organization.
(76)    FREIGHT CONTAINER:            Any structure or storage receptacle designed
   or built and generally intended for the shipment or transportation of products
   or goods; however, shall not include trucks, trailers, or rail cars.
(77)     FUEL SALES: The retail sale of flammable liquids, combustible liquids,
   liquid flammable gas, or flammable gas, where such fuel is dispensed into
   tanks for motor vehicles.
(78)    FUNERAL HOME OR MORTUARY:              A place for the storage of human
   bodies prior to their burial or cremation, which may also be used for the
   preparation of the deceased for burial and the display of the deceased and
   ceremonies connected therewith before burial or cremation.


                                                             La nd Use D e f init ions - G
(79)     GARAGE SALE:           An occasional market open to the public and
   conducted on a residential premise for the purpose of disposing of personal
   property. The term includes, but is not limited to all sales entitled lawn ,
     yard , room , backyard , patio or rummage. The term does not include
   a situation where no more than three (3) specific items are offered for sale and
   all advertisements of such sale specifically name those products to be sold.
(80)     GOLF COURSE:         An area of twenty (20) acres or more improved with
   trees, greens, fairways, hazards, and which may include clubhouses, and which
   is owned and operated by a public or private entity.




                  City of Abilene, Texas   Page 5- 13
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(81)     GROCERY STORE, CONVENIENCE-TYPE:                   Retail establishment
   selling food for off-premises consumption and a limited selection of groceries
   and sundries, including possibly gasoline, if pumps are provided. Does not
   include or offer any automobile repair services.
(82)    GROCERY STORE, SUPERMARKET:             A retail market primarily selling
   consumable goods that are not to be eaten on the premises. Prepared food
   and other items and/ or services may be sold only in limited quantities as a
   secondary or accessory use.
(83)     GROUP HOME:           A residential arrangement, other than a residential
   care facility, operated by the Texas Department of Mental Health and Mental
   Retardation or a community center (as defined in the referenced Health &
   Safety Code) in which not more than fifteen (15) persons with mental
   retardation voluntarily live and, under appropriate supervision, may share
   responsibilities for the operation of the living unit. This definition shall include
   foster homes, halfway houses, and daycare facilities for persons with mental
   retardation. Such home and the persons that reside therein shall meet all the
   specifications and requirements of the Persons with Mental Retardation Act,
   Chapter 591 of the Texas Health & Safety Code.


                                                              La nd Use D e f init ions - H
(84)     HALFWAY HOUSE: A facility owned or operated by an agency or an
   individual authorized to provide housing, food, treatment or supportive services
   for individuals on supervised release from the criminal justice system and who
   have been assigned by a court to a residential home in lieu of placement in a
   correctional institution; or for individuals who have been institutionalized and
   released from the criminal justice system or who have had alcohol or drug
   problems which make operation in society difficult and who require the
   protection of a supervised group setting.
(85)    HARDWARE STORE:           A store in which the primary items offered for
   sale are wares such as fittings, tools, machinery, utensils and other similar
   objects.
(86)     HOBBY SHOP:         An establishment for the purpose of supplying limited
   specialty items for hobbies and other similar activities that may include:
   antiques, art objects and supplies, ceramic supplies, books, camera and photo
   supplies, candy, florist, gifts, greeting cards, framing, stamps and coins,
   stationery, and tobacco.
(87)      HOME I MPROVEMENT CENTER:                The sale of building materials,
   lumber, tools, and/ or hardware customarily used in the construction of
   buildings and other structures, including facilities for storage of materials for
   retail sales.
(88)     HOME OCCUPATI ON:           An occupation carried on in a dwelling unit
   and which is clearly incidental and secondary to the use of the premises for
   residential purposes.


                   City of Abilene, Texas   Page 5- 14
  Land Development Code    Chapter 5: Definitions   Article 1: Definitions


 (89)     HOMELESS SHELTER: A facility that provides free lodging to one or
    more of the following supportive services for indigent individuals and/ or
    families with no regular home or residential address, on a non-profit basis.
    Supportive services include, but are not limited to: provision of meals;
    assistance in obtaining permanent housing; medical counseling, treatment,
    and/ or supervision; psychological counseling, treatment, and/ or supervision;
    assistance in recuperating from the effects of or refraining from, the use of
    drugs and/ or alcohol; nutritional counseling; employment counseling; job
    training and placement; and child care.
 (90)     HOSPITAL:        A building or portion thereof, used or designed for the
    housing or treatment of sick or injured patients where they are given medical
    or surgical treatment intended to restore them to health and an active life, and
    which is licensed by the State of Texas. This definition does not include rooms
    in any residential dwelling, hotel, or apartment hotel not ordinarily intended to
    be occupied by said persons.
 (91)     HOTEL/MOTEL:               A    facility offering  temporary     lodging
    accommodations or guest rooms on a daily rate to the general public and
    possibly providing additional services, such as restaurants, meeting rooms,
    housekeeping service and recreational facilities, on an accessory use basis.
    Guest rooms may have individual outside entrances. For the purposes of this
    definition, a guest room shall be defined as a room designed for the overnight
    lodging of hotel guests for an established rate or fee. (For establishments
    providing lodging one week or longer, see Extended Stay Hotel/Motel and
    Boarding House and/or Rooming House).


                                                               La nd Use D e f init ions - I
 (92)     I TI NERANT BUSI NESS:          Establishment of any business on a
    temporary basis where the business does not occur in a permanent structure,
    in a structure for which a temporary permit has been obtained, or in
    association with another temporary use such as a carnival, fair, parade or
    festival. The term further does not apply to garage sales, businesses that are
    operated or owned by the same person or entity that owns the property, or
    businesses that hold a lease term on the property of at least one (1) year.


                                                               La nd Use D e f init ions - J
(None included.)


                                                              La nd Use D e f init ions - K
 (93)     KENNEL ( WI THOUT OUTDOOR PENS) :                      A commercial
    establishment in which four (4) domestic animals over the age of ten (10)
    weeks (such as dogs and cats) are housed, groomed, bred, boarded, trained,
    sold, or provided other health and well-being related services, for a fee or


                   City of Abilene, Texas   Page 5- 15
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   compensation. This term along with the parenthetical phrase without outdoor
   pens means that all of the establishment s activities occur indoors, except
   outdoor exercise under supervision for a limited period of time (e.g., one-half
   to one hour at a time).
(94)     KENNEL ( WI TH OUTDOOR PENS) :             A commercial establishment in
   which four (4) domestic animals over the age of ten (10) weeks (such as dogs
   and cats) are housed, groomed, bred, boarded, trained, sold, or provided other
   health and well-being related services, for a fee or compensation. This term
   along with the parenthetical phrase with outdoor pens means that any of the
   establishment s activities may occur outdoors for an extended period of time.
(95)    KI NDERGARTEN OR CHI LD CARE CENTER: See Child Day-Care
   Center, Center-Based Operations.


                                                              La nd Use D e f init ions - L
(96)     LABORATORY: See Medical and Dental Laboratory.
(97)     LAUNDRY, DRY CLEANI NG, DYEI NG AND LI NEN SERVICE:                    An
   industrial commercial facility where fabrics are laundered or cleaned with
   solvents and/ or pressed on a commercial or wholesale basis. Alterations and
   garment repair may also be offered in relation to this use. Retail customers do
   not frequent this use.
(98)     LAUNDRY/ DRY CLEANI NG SERVI CES & FACI LI TI ES: Retail and
   customer oriented services providing laundering, dry-cleaning, pressing, and
   other similar service. This also includes self-service laundry facilities typically
   referred to as Laundromats.
(99)    LI QUOR STORE:         Any entity selling alcohol or required to be licensed
   by the Texas Alcoholic Beverage Commission, and which may be classified as
   one of the following:
     a. Liquor Store On-Premise Consumption means an establishment selling
        alcohol for, or having a license permitting, any consumption of alcohol at
        or on the premises.
     b. Liquor Store Off-Premise Consumption Unrestricted means an
        establishment conducting, or having a license permitting, retail sales of all
        types of alcohol but prohibiting any consumption of alcohol on or at the
        premises.
     c. Liquor Store Off-Premise Consumption, Beer and Wine means an
        establishment conducting, or having a license restricting, the retail sale of
        alcohol to beer and/ or wine but prohibiting any consumption of alcohol
        on or at the premises.
     d. Liquor Store Off-Premises Consumption Manufacturer means an
        establishment conducting, or having a license allowing, the
        manufacturing of alcohol.
(100)   LI QUOR WHOLESALE/ DI STRIBUTION: A liquor store (off premises
   consumption) where liquor is sold in bulk to retailers or other wholesalers.


                   City of Abilene, Texas   Page 5- 16
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


(101)    LI VESTOCK AUCTI ON: A facility for the auctioning of cattle or other
   livestock where confinement of animals is normally for a period of less than
   one (1) week and where feed of a filler-type is primarily provided. Animal
   turnover is expected to be continuous. ( Shown within the Land Use Matrix in
   Chapter 2 under Stockyards, Livestock Auctions, and Livestock Hauling.)
(102)    LI VESTOCK HAULI NG:          A business expressly involved with the
   transportation of cattle and other livestock, where the temporary confinement
   of animals may be necessary. If confinement is not required, this use will be
   interpreted to be a freight-hauling service. (    Shown within the Land Use
   Matrix in Chapter 2 under Stockyards, Livestock Auctions, and Livestock
   Hauling.)


                                                             La nd Use D e f init ions - M
(103)   MANUFACTURED HOME: See Dwelling                 Manufactured Home (HUD-
   Code).
(104)   MANUFACTURED HOME, CAMPI NG, AND/ OR TRAVEL TRAI LER
   SALES:        The offering for sale of new or previously owned (i.e., used)
   manufactured housing units (e.g., mobile homes/ trailers, HUD-Code homes,
   industrialized homes), camping trailers, and/ or vacation travel trailers on a
   parcel of land, but excluding the use of such facilities as dwellings either on a
   temporary or permanent basis.
(105)   MANUFACTURED/MOBI LE HOME PARK: Any tract of land, four (4)
   acres or more, under single ownership, where accommodation is provided for
   non-transient manufactured/mobile home use.
(106)    MANUFACTURED/MOBI LE HOME SUBDI VI SION: A tract of land,
   laid out in accordance with this LDC of the City of Abilene, intended for the
   specific purpose of providing individual lots for the placement of
   manufactured/mobile homes.
(107)   Manufacturing (heavy): The manufacturing, compounding, processing,
   assembling, packaging or testing of goods or equipment, where one or more of
   the following characteristics exists: (1) activities other than loading are
   conducted outside of an enclosed building; (2) detection of nuisances such as
   odor, noise, heat, vibration, and radiation are more than negligible at the
   property lines; or (3) activities that may pose a significant safety hazard, such
   as danger of explosion.
(108)     Manufacturing ( incidental) : An establishment where Manufacturing
   (light) uses are conducted exclusively indoors and are incidental to a principal
   land use such as retail sales on the same site. In no case shall such use exceed
   15% of the building square footage and the manufactured product should be
   primarily sold on the same site.
(109)    MANUFACTURING            (light):  The manufacturing,        compounding,
   processing, assembling, packaging or testing of goods or equipment, where (1)
   all activities except loading are conducted entirely within an enclosed building;


                  City of Abilene, Texas   Page 5- 17
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   (2) detection of nuisances such as odor, noise, heat, vibration, and radiation
   are negligible at the property lines; and (3) activities do not pose a significant
   safety hazard, such as danger of explosion.
(110)    MEDI CAL and DENTAL CLI NI C or OFFI CE:              Establishments not
   enclosed within a hospital structure, primarily engaged in furnishing direct
   medical services to human outpatients, including an office or group of offices
   for one or more physicians or dentists for the examination and treatment of ill
   and afflicted persons, but not including facilities providing surgical services
   requiring general anesthesia and/ or a period of post-operative observation to
   patients whose admission for an overnight stay is not anticipated to be
   medically necessary.
(111)   MEDICAL and DENTAL LABORATORY:                    A facility operated for the
   primary purpose of performing medical, dental or optical research, testing, and
   analytical work having a direct relationship to the provision of health services.
(112)    MI LI TARY BASE AND RESERVATION:                 The installations used by
   both the active military as well as the Reserve and the National Guard.
(113)    MINING: The extraction of mineral including: solids, such as coal and
   ores; liquids, such as crude petroleum; gasses such as natural gasses. The
   term also includes quarrying; well operation; milling, such as crushing,
   screening, washing and floatation; and other preparation customarily done at
   the mine site or as part of a mining activity.
(114)    MOBILE HOME: See Dwelling          Mobile Home.
(115)   Manufactured Home or Temporary Office Building ( office for
   sales and service) : A manufactured home or other temporary building used
   as an incidental sales or service office to a manufactured home sales business.
(116)    MANUFACTURED HOME (permanent security residence):                 A
   manufactured home used as an accessory dwelling on a permanent basis that
   is incidental to a non-residential use where there is outdoor storage of
   equipment or merchandise.
(117)   MANUFACTURED HOME (temporary security residence):            A
   manufactured home used as an accessory dwelling on a temporary basis
   during active construction on the same site.
(118)      MOTORI ZED RACI NG: A place where motorized vehicles (including
   cars, trucks and motorcycles) race on a defined course and which may include
   facilities such as grand stands, concessions, restrooms, offices, and other
   functions typical to racing facilities. This definition does not include go-cart
   tracks where patrons can drive go-carts for recreational purposes (see Outdoor
   Recreation (active) for recreational go-carts)


                                                              La nd Use D e f init ions - N




                   City of Abilene, Texas   Page 5- 18
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(119)     NURSI NG HOME:           An extended care facility licensed to provide
   full-time, convalescent or chronic care, including lodging and meals for three
   (3) or more individuals who, by reason of infirmity, are unable to care for
   themselves and who need ongoing health supervision but not hospitalization.


                                                              La nd Use D e f init ions - O
(120)   OFFICE (general, professional, financial): An exclusively indoor use
   where information is handled, administrative tasks are conducted, and
   professional services are provided including, medical, dental, financial, and
   investments.
(121)    OPEN SPACE: Property designated for recreational use, including a
   private park, play lot, plaza or ornamental area intended for use or enjoyment
   by people. Open space does not include streets, alleys, utility easements,
   public parks or required setbacks; an area that is open and unobstructed to the
   sky except for the ordinary projections of cornices and eaves.
(122)    OPEN SPACE, PRI VATE: Private property under common ownership
   designated for recreational use, including a private park, play lot, plaza or
   ornamental area intended for use or enjoyment of property owners within a
   subdivision. Open space does not include streets, alleys, utility easements,
   public parks or required setbacks.
(123)    OPEN SPACE, PUBLI C: The same as Open Space, Private, except that
   the property is owned by or dedicated to the City.
(124)     OPEN SPACE ( USABLE) : An open area or recreational facility that is
   designed and intended to be used for outdoor, active or passive, recreation
   purposes. An area of usable open space has a slope that does not exceed ten
   percent (10%), and no dimension of less than ten feet (10'). An area of usable
   open space may also include landscaping elements (e.g., trees, ground cover),
   trails, recreational facilities, water features and decorative objects such as art
   or fountains.
(125)   OUTSI DE DI SPLAY: Any use of a premises whereon goods, materials,
   or merchandise is displayed for the purpose of sale on a temporary basis for
   not more than twenty-four (24) hours.
(126)    OUTSI DE STORAGE: The keeping, displaying or storing, outside a
   building, of any goods, materials, merchandise or equipment on a lot or tract
   on a generally permanent basis for more than twenty-four (24) hours.


                                                              La nd Use D e f init ions - P
(127)   PARK AND/ OR PLAYGROUND:                 A publicly or privately operated
   recreation facility, including any land area, which is designed to serve the
   recreation needs of Abilene citizens. Such park or playground may be private,
   used for the exclusive use of private residents or neighborhood groups and



                   City of Abilene, Texas   Page 5- 19
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   their guests and not for use by the general public. Such park or playground
   may be public, used by the general public without membership or affiliation.
(128)   PASSENGER GROUND TRANSPORTATI ON TERMI NAL:                          An
   establishment or business location where passengers can switch from one
   mode of transportation to another and where customers can obtain tickets and
   route information, board and depart a vehicle, and where incidental services
   are provided such as waiting areas, food service and indoor retail sales of
   products. Such terminals may include bus, train, taxi and other surface
   transportation services, but not any type of air transportation.
(129)    PAWN SHOP:          An establishment where articles are traded in
   exchange for money plus a right to redeem such articles within a given amount
   of time upon repayment of such money with interest. The establishment may
   also be involved in the retail sale of primarily used items is also allowed,
   provided that the sale of such items complies with local, State and Federal
   regulations.
(130)    PERSONAL CARE FACILITY:              An establishment that furnishes, in one
   or more facilities, food and shelter to four (4) or more persons who are
   unrelated to the proprietor of the establishment, and provides personal care
   services. For the purposes of this definition, personal care services means:
     a. Assistance with meals, dressing, movement, bathing, or other personal
        needs or maintenance;
     b. The administration of medication by a person licensed to administer
        medication or the assistance with or supervision of medication; or
     c. General supervision or oversight of the physical and mental well-being of
        a person who needs assistance to maintain a private and independent
        residence in a personal care facility or who needs assistance to manage
        the person's personal life, regardless of whether a guardian has been
        appointed for the person.
   Such facility and the persons that reside therein shall meet all the specifications
   and requirements of the Personal Care Facility Licensing Act, Chapter 247 of
   the Texas Health & Safety Code.
(131)     PERSONAL SERVI CES:        Establishments that provide services to
   individuals, usually on an appointment basis, not otherwise listed as a
   permitted use in this ordinance. Personal Services includes uses such as
   barber/ beauty shops, travel arranging, tailoring, massage therapy, fortune-
   telling, portrait studios, etc.
(132)   PETROLEUM OR GAS WELL:                The drilling, extraction and
   transportation of subterranean fossil gas and petroleum, and necessary
   attendant uses and structures, but excluding refining, processing or
   manufacturing.
(133)    POST OFFI CE: An entity that provides retail packaging and mail
   services, and provides mailboxes for lease.




                   City of Abilene, Texas   Page 5- 20
  Land Development Code      Chapter 5: Definitions   Article 1: Definitions


 (134)   PRI NTI NG, COPYI NG, REPRODUCTI ON, PUBLI SHI NG:                   An
    establishment where sound recordings, video recordings, literature, graphics,
    and other printed materials may be created, published, printed, copied, or
    reproduced.
 (135)    PROPANE SALES (RETAIL) :          Retail sales of gaseous substances
    commonly used for household purposes such as propane 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.
 (136)   PROTECTI VE SHELTER: A shelter or facility that provides temporary
    housing, protection, counseling, and pre-placement to people and/ or families
    during times of abuse.
 (137)    PUBLI C SAFETY FACI LI TY: Facilities operated by public agencies
    including fire stations, other firefighting and fire prevention facilities, and police
    and sheriff stations and headquarters.
 (138)    PUBLI C UTI LI TY FACI LI TY: A structure or facility used by a public or
    quasi-public utility agency to store, distribute, or pump a utility service such as
    electricity, natural gas, telecommunications, water or sewer. This use does not
    include facilities to generate, treat, or produce such utilities.


                                                                La nd Use D e f init ions - Q
(None included.)


                                                                La nd Use D e f init ions - R
 (139)    RAI LROAD SWI TCHI NG AND MARSHALLI NG YARD: An area of
    land, a portion of which is covered by a system of tracks, that provides for the
    making up of trains by one or more railroads, or private industry concerns.
    Functions include but are not limited to the classifying, switching, storing,
    assembling, distributing, consolidating, moving, repairing, weighing, or
    transferring of cars, trains, engines, locomotives and rolling stock.
 (140)    RECREATION OUTDOORS (active): Recreational activities that take
    place outdoors and use athletic fields (such as baseball diamonds), play courts
    (such as tennis courts), swimming pools, carnival-type games and rides, go-
    carts, golfing facilities, campgrounds and other similar uses. These may
    include accessory structures for restrooms, concessions, dressing, offices, and
    associated ticket/equipment purchase or rental.
 (141)    RECREATION OUTDOORS (passive): Recreational activities that are
    passive in nature including hiking trails, bicycle trails, picnic areas (including
    picnic shelters), gardens, fishing areas, and other open spaces not associated
    with active recreational uses.




                    City of Abilene, Texas   Page 5- 21
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


(142)    RECREATI ON AND COMMERCI AL ENTERTAI NMENT - I NDOOR:
   An establishment where commercial recreational and entertainment uses occur
   entirely within an enclosed building. Examples of such uses include roller rinks,
   bowling alleys, pool halls, theaters, arcades, and physical fitness businesses.
(143)   RECYCLI NG COLLECTI ON AND PROCESSI NG CENTER:             A facility
   that is not a salvage yard and in which recoverable resources, such as
   newspapers, glassware, and metal cans, are collected, stored, flattened,
   crushed or bundled, essentially by hand or machine.
(144)     RECYCLI NG COLLECTI ON POI NT:           Any accessory use that serves
   as a neighborhood drop-off point for the temporary storage of recoverable
   resources. No processing of such items occurs in relation to this use. Such a
   facility would be generally located in an easily accessed area where no
   reduction in any required parking would result. Such a facility would be
   reasonably free from noxious odors, rodents, insects and refuse.
(145)    REHABI LI TATI ON FACI LITY:        A residential facility that is operated
   by an agency of the State, a political subdivision of the State, or a private
   vendor operating under a contract with an agency of the State or a political
   subdivision of the State and that houses persons convicted of misdemeanors or
   felonies or houses children found to have engaged in delinquent conduct,
   regardless of whether the persons are housed in the residential facility:
     a. While serving a sentence of confinement following conviction of an
        offense;
     b. As a condition of probation, parole, or mandatory supervision; or
     c. Under a court order for out-of-home placement under Title 3, Family
        Code, other than in a foster home operated under contract with the
        juvenile board of the county in which the foster home is located or under
        a contract with the Texas Youth Commission.
   Such facility and the persons that reside therein shall meet all the specifications
   and requirements of Chapter 244 of the Texas Local Government Code.
(146)    REPAI R AND MAI NTENANCE SERVI CES (indoor): Land uses which
   perform maintenance and repair services where all operations are contained
   entirely within an enclosed building.     This definition shall not include
   maintenance and repair of motor vehicles.
(147)    REPAI R AND MAI NTENANCE SERVI CES (outdoors): Land uses
   which perform maintenance and repair services where all or any portion of the
   operations are located outside of an enclosed building. This definition shall not
   include maintenance and repair of motor vehicles.
(148)    REPAI R AND MAI NTENANCE SERVI CES (truck and other large motor
   vehicles): All types of repair, maintenance and reconditioning of trucks,
   busses, RV s, and other large vehicles.
(149)    RESI DENTI AL USE: A dwelling unit or group of dwelling units; includes
   dwelling units within the upper story or stories of a building wherein other




                  City of Abilene, Texas   Page 5- 22
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


   parts of the building are used for a nonresidential purpose or purposes, such as
   a retail establishment or office.
(150)    RESTAURANT, DRI VE-IN:               Any establishment whose principal
   business is the sale of foods, frozen desserts, or beverages to the customer in
   a ready-to-consume state, and whose design, method of operation, or any
   portion of whose business includes one or both of the following characteristics:
     a. Foods, frozen desserts, or beverages are served directly to the customer
        in a motor vehicle either by a carhop or by other means which eliminate
        the need for the customer to exit the motor vehicle.
     b. The consumption of foods, frozen desserts, or beverages within a motor
        vehicle parked upon the premises, or at other facilities on the premises
        outside the restaurant building, is encouraged or permitted.
(151)    RESTAURANT, FAST- FOOD:              Any establishment whose principal
   business is the sale of foods, frozen desserts, or beverages to the customer in
   a ready-to-consume state for consumption either within the restaurant building
   or for carry-out with consumption off the premises, and whose design or
   principal method of operation includes two (2) or more of the following
   characteristics:
     a. Foods, frozen desserts, or beverages usually served in paper, plastic, or
        other disposable containers.
     b. The restaurants are self-service. Customers wait on themselves.
     c. The menu is posted rather than printed.
     d. Customers are encouraged, if not required, to order prepared food and
        either take it out or eat it quickly.
     e. Customers are encouraged, if not required, to do the bussing.
(152)   RESTAURANT, FAST FOOD ( DRI VE-THROUGH ONLY) :                        Any
   establishment whose principal business is the sale of foods, frozen desserts or
   beverages to the customer in a ready-to-consume state for off-premise
   consumption only and whose design, method of operation of any portion of
   whose business includes all of the following:
     a. Foods, frozen desserts or beverages which are served directly to the
        customer in a motor vehicle through a service window or similar means.
     b. No on-site interior or exterior seating shall be provided.
(153)    RESTAURANT, STANDARD:                Any establishment whose principal
   business is the sale of foods, frozen desserts, or beverages to the customer in
   a ready-to-consume state, and whose design or principal method of operation
   includes one or both of the following characteristics:
     a. Customers, normally provided with an individual menu, are served their
        foods, frozen desserts, or beverages by a restaurant employee at the
        same table or counter at which said items are consumed.
     b. A cafeteria-type operation where foods, frozen desserts, or beverages
        generally are consumed within the restaurant building.




                  City of Abilene, Texas   Page 5- 23
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(154)    RETAI L BUSI NESS, GENERAL:              The sale of commodities to
   consumers that is not otherwise regulated or defined within this LDC, including
   the sale of cameras and photographic supplies, tableware, clothing and apparel
   accessories, dairy products, and eyewear.
(155)   RETAI L SALES/ RENTAL (automobile/ small truck):      A paved area for
   the display for sale, rental or lease of automobiles and light trucks
   accompanied by an on-site office with staffing during normal business hours,
   which may include the service of vehicles on-site.
(156)    RETAIL SALES/RENTAL (indoor): Land uses that conduct the sale,
   lease, or rental of merchandise or equipment entirely within an enclosed
   building with the exception of outdoor display as specifically permitted in
   certain zoning districts. A land use with outdoor display exceeding 15% of the
   total sales area of the building shall be considered Retail Sales/ Rental
   (outdoors).
(157)    RETAI L SALES/ RENTAL (outdoors, non-vehicle):              Land uses that
   conduct the sale, lease, or rental of merchandise that does not otherwise
   qualify as Retail Sales/Rental (indoors) or any other listed land use.
(158)    RETAI L SALES/ RENTAL (trucks and other large vehicles and
   equipment): A paved area for the display for sale, rental or lease of trucks,
   mobile homes, RV s, and motorized heavy equipment accompanied by an on-
   site office with staffing during normal business hours, which may include the
   service of vehicles on-site.


                                                              La nd Use D e f init ions - S
(159)   SANI TARY LANDFI LL: The disposal and burial of non-hazardous and
   non-medical, farm, residential, commercial, institutional, or industrial waste.
(160)   SATELLI TE DI SH ANTENNA: A device, which at its widest dimension
   exceeds 36 inches, is used to transmit or receive signals from orbiting satellites
   and other extraterrestrial sources.
(161)   SCALES (public):        A facility where trucks, trailers and other large
   equipment are weighed.
(162)     SCHOOL, PUBLI C, PRI VATE, OR DENOMINATIONAL:               A learning
   facility for enrolled students that is owned and operated by a public school
   district or that is under the sponsorship of a private agency or corporation,
   including a religious agency, which offers elementary, secondary, or high
   school curriculum for the purpose of educating pupils generally between the
   ages of five (5) and eighteen (18).
(163)   SCRAP AND WASTE MATERI AL: A place where discarded or salvaged
   materials are stored, sold, exchanged, baled, packed, disassembled, or
   handled, including auto wrecking yards, used lumber yards, and yards for
   storage of salvaged house wrecking and structural steel materials and
   equipment. Any manufactured articles or parts rejected or discarded and


                   City of Abilene, Texas   Page 5- 24
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   useful only as material for reprocessing. The term shall not include pawn
   shops and other establishments for the sale or storage of used furniture and
   household equipment when conducted entirely within a completely enclosed
   building, or the sale of used cars in operable conditions.
(164)    SECONDHAND MERCHANDI SE STORE:                      The term shall include
   surplus stores, rummage shops and flea markets.
(165)     SHELTER FOR HOMELESS I NDI VI DUALS:                 A supervised private
   facility that provides temporary living accommodations for homeless
   individuals. Such facility and the persons that reside or stay therein shall meet
   all the specifications and requirements of Chapter 244 of the Texas Local
   Government Code.
(166)    SHOPPI NG CENTER:            A commercial development such as a strip
   center, mall, or multi-tenant retail building, in which two (2) or more separate
   retail businesses occupy a single or multiple structures which share on-site
   parking and common driveways.
(167)   SOCI AL SERVI CE FACI LI TY: A non-profit facility intended to provide
   basic needs to individuals and families including job training, food, and
   temporary shelter.
(168)     SOCI AL SERVI CE ORGANI ZATI ON FACI LI TY: A facility operated by
   an organization which provides services such as training, counseling, health, or
   the distribution of food or clothing. This term includes but is not limited to a
   facility offering life skills training, substance abuse counseling, housing
   services, or a neighborhood recovery center. This term does not include any
   use which provides for housing.
(169)     SPECI AL EDUCATI ON AND REHABI LI TATI ON CENTER:           Any
   facility in which persons live while receiving therapy, training and/ or
   counseling, on or off premises, for any of the following purposes or
   combination of purposes:
     a. To assist them in recuperating from the effects of drugs or alcohol.
     b. To assist them to adjust to living with the handicaps of emotional or
        mental disorder, mental retardation or physical disability.
     c. Housing under supervision as an alternative to institutionalization
        including, but not limited to prerelease, work release and probationary
        programs.
(170)   STABLE: A structure with a capacity for more than four (4) horses or
   mules. Also see Commercial Stable.
(171)    STOCKYARDS: Confined areas where cattle or other livestock are held
   for short periods of time, are fed filler-type feed, and are generally awaiting
   transport. ( under Stockyards, Livestock Auctions, and Livestock Hauling)
(172)     STORAGE, SELF-SERVI CE UNI TS:            Small individual storage units for
   rent or lease, restricted solely to the storage of items, such as motor vehicles,
   trailers, boats, bulky household goods, and sundry personal property. There is



                   City of Abilene, Texas   Page 5- 25
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   no conduct of sales, business or any other activity within the individual storage
   units.
(173)    SUBDI VSI ON SALES OFFI CE (temporary): A structure used to sale
   real estate that is located within the same subdivision as the real estate being
   sold. Such office must be removed when 90% of the real property is leased or
   sold, or when the associated temporary permit expires.
(174)    SURGI CAL CENTER:            A facility not enclosed within a hospital
   structure, providing surgical services requiring anesthesia and/ or a period of
   post-operative observation for patients whose admission for overnight stay is
   not anticipated to be medically necessary. Generally excluded are surgical
   services ordinarily performed by physicians in their private offices or in a
   hospital's out-patient or emergency department.
(175)   SWI MMI NG POOL, PRI VATE:           A swimming pool constructed for the
   exclusive use of the residents of a one-family, two-family or multiple-family
   subdivision and located, fenced and built in accordance with all applicable
   standards of the City of Abilene. A private swimming pool is not operated as a
   business nor maintained in a manner to be hazardous or obnoxious to adjacent
   property owners.
(176)     SWI MMI NG POOL, PUBLIC:            A swimming pool constructed for use
   by the general public, including those operated as a business and those
   constructed and maintained by the City or county, and which is fenced and
   built in accordance with all applicable standards of the City of Abilene.


                                                              La nd Use D e f init ions - T
(177)   TATTOO PARLOR:            Any room or space where tattooing is practiced,
   or where the business of tattooing is conducted, except when tattooing is an
   accessory use, it shall not be considered a tattoo parlor and shall fall under the
   zoning regulations pertaining to the primary use to which it is accessory.
(178)    TENNI S COURT, PRI VATE (accessory to residential use): See LDC
   definition of Swimming Pool (acc to res use) and insert tennis court in place of
   swimming pool.
(179)    THEATER or PLAYHOUSE ( I NDOOR) :              An indoor establishment
   charging admission to the general public for the privilege of observing a live,
   televised, or motion picture performance.
(180)    TRADE/ BUSI NESS SCHOOL:              Schools that provide teaching and
   training in business, technical and other trades.
(181)    TRAILER COURT: A vacation travel trailer park (see definition).
(182)    TRANSI TI ONAL HOUSI NG: A housing shelter that provides free
   lodging and limited supportive services for indigent individuals and/ or families
   with no regular home or residential address, on a non-profit basis. The shelter
   provides services for an extended period, often as long as 18 months, and is



                   City of Abilene, Texas   Page 5- 26
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   generally integrated with other social services and counseling programs to
   assist in the transition to self-sufficiency through the acquisition of a stable
   income and permanent housing. A transitional housing shelter serves as a
   transition from a homeless shelter to permanent housing and does not provide
   for a full range of services and programs
(183)    TRAVEL ARRANGI NG AND TI CKET SERVICE:              The ticket office of
   any transportation system when such office is a separate and distinct activity,
   not located within a transportation terminal.
(184)    TRAVEL TRAI LERS (accessory to hospitals): Recreational vehicles used
   for temporary living quarters at hospitals exclusively for non-resident visitors to
   Abilene with family members under the care of the hospital.


                                                              La nd Use D e f init ions - U
(185)      UNIVERSITY/COLLEGE:           A post-secondary institution for higher
   learning that grants associate or bachelor degrees and may also have research
   facilities and/or professional schools that grant master and doctoral degrees.
(186)    USE: The classification of the purpose or activity for which land or
   buildings are designated, arranged, intended, occupied or maintained.
(187)    USE, RESIDENTIAL: See Residential Use.
(188)   UTILITY: A business that provides an essential commodity or service,
   such as electric, gas transmission, and local telephone, and that is generally
   under government regulations.
(189)     UTILITY GENERATION, PRODUCTION, TREATMENT: A structure or
   facility used by a public or quasi-public utility agency to generate, produce or
   treat a utility such as electricity, natural gas, water or sanitary sewer.


                                                              La nd Use D e f init ions - V
(190)   VACATI ON TRAVEL TRAI LER ( OR MOTORHOME) :                 A vehicular
   portable structure designed for temporary or short term occupancy for travel,
   recreational or vacation uses. Such a vehicle is also typically:
    (a) Built on a single chassis;
    (b) Four hundred (400) square feet or less when measured at the largest
        horizontal projection;
    (c) Designed to be self-propelled or permanently tow-able by a light-duty
        truck; and
    (d) Designed primarily not for use as a permanent dwelling but as temporary
        or short-term occupancy as living quarters for recreational, camping,
        travel or seasonal use.
   Such a vehicle shall include vacation travel trailer, pick-up camper, motor
   home, converted bus, tent trailer, or small device used for temporary portable




                   City of Abilene, Texas   Page 5- 27
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   housing. The term shall be used interchangeably with the term Recreational
   Vehicle or (RV).
(191)    VACATI ON TRAVEL TRAI LER PARK:               Any tract of land under single
   ownership, two (2) or more acres in size where accommodation is provided for
   transient residence in vacation travel trailers. For the purpose of this
   definition, transient residence means a maximum three(3)-month time period
   of consistent stay, with at least two (2) weeks in between stays.
(192)   VARI ETY STORE:          A retail store that sells a variety of merchandise.
   Such merchandise is generally similar in nature to, but lower in value and
   smaller in selection than, that found in department stores.
(193)    VETERI NARY SERVI CE, ALL SI ZE ANI MALS:                A place where a
   veterinarian maintains treatment facilities for the medical or surgical treatment
   of diseased or injured animals, including boarding facilities.
(194)    VETERI NARY SERVI CE, SMALL ANI MAL:                    A place where a
   veterinarian maintains treatment facilities for the medical or surgical treatment
   of diseased or injured animals, including boarding facilities. All operations
   occur indoors. For the purpose of this definition, small animal shall be defined
   as any animal that is no larger than the largest breed of dogs, including fish,
   birds, and mammals.


                                                             La nd Use D e f init ions - W
(195)   WATER STORAGE:             Impounded surface water areas or surface tanks
   used for storage.
(196)   WHOLESALE TRADE: An establishment or place of business primarily
   engaged in the selling and/ or distributing merchandise in quantity to retailers;
   to industrial, commercial, institutional, or professional business users, or to
   other wholesalers; or engaged in acting as agents or brokers and buying
   merchandise for, or selling merchandise to, such individuals or companies.
     a. Wholesale Trade, General        Group 1:      Group 1 shall be defined as
        including the following specific uses:
          1. Candy and related products
          2. Clothing and apparel accessories
          3. Drugs, druggist supplies, and sundries
          4. Fabric
          5. Furniture and home furnishings
          6. Groceries and related products
          7. Petroleum and related products (not to exceed 100,000 gallons
              storage capacity)
          8. Textiles and textile products
     b. Wholesale Trade, General        Group 2:      Group 2 shall be defined as
        including the following specific uses:
          1. Electrical appliances (including television and radio)



                   City of Abilene, Texas   Page 5- 28
  Land Development Code      Chapter 5: Definitions   Article 1: Definitions


            2. Hardware
            3. Heating, ventilation, and air conditioning equipment
            4. Plumbing supplies
       c. Wholesale Trade, General        Group 3:      Group 3 shall be defined as
          including the following specific uses:
            1. Auction, Wholesale (On-Premises)
            2. Automobiles and Other Motor Vehicles
            3. Automobiles and Other Motor Vehicle Equipment
            4. Electrical Equipment, Wiring Supplies, and Other Similar
                Construction Material
            5. Electronic Parts and Equipment
            6. Hardware
            7. Lumber and Other Building Materials
            8. Oil Field Equipment and Supplies (other than chemicals and tubular
                goods)
       d. Wholesale Trade, General        Group 4:      Group 4 shall be defined as
          including the following specific uses:
            1. Commercial and industrial machinery, equipment and supplies
            2. Dairy products
            3. Farm machinery and equipment
            4. Farm products (raw materials)
            5. Meat and meat products
            6. Paint, varnishes, and related products
            7. Produce
(197) WHOLESALI NG AND STORAGE ( indoor) : An establishment or place of
      business primarily engaged in the storage or warehousing of items; and/ or
      engaged in selling or distributing of merchandise in quantity to retailers,
      industrial, commercial, institutional, professional business users, or other
      wholesalers; engaged in acting as agents or brokers buying merchandise for,
      or selling merchandise to, such individuals or companies; or where
      merchandise is transferred from one mode of transportation to another. With
      the exception of parking and loading areas, all activities related to such an
      establishment must take place entirely within an enclosed structure.
(198) WHOLESALI NG AND STORAGE ( outdoors) : An establishment or place of
      business primarily engaged in the storage or warehousing of items; and/ or
      engaged in selling or distributing of merchandise in quantity to retailers,
      industrial, commercial, institutional, professional business users, or other
      wholesalers; engaged in acting as agents or brokers buying merchandise for,
      or selling merchandise to, such individuals or companies; or where
      merchandise is transferred from on mode of transportation to another; where
      any activity beyond parking and loading takes place outside of an enclosed
      building. This does not include any use otherwise specifically permitted by this
      ordinance.



                     City of Abilene, Texas   Page 5- 29
         Land Development Code        Chapter 5: Definitions   Article 1: Definitions


     (199) WRECKER/TOWING: An establishment or place of business engaged in
           vehicle wrecking and towing, including the temporary storage of vehicles.
           However, this use does not include long-term vehicle storage or salvage
           operations.


                                                                         La nd Use D e f init ions - X
      (None included.)


                                                                         La nd Use D e f init ions - Y
      (None included.)


                                                                         La nd Use D e f init ions - Z
        (200)    ZOO: An area, building, or structures which contain wild animal exhibits
           for view by the public.

Se ct ion 5 . 1 . 1 . 4 Ge ne r a l De f init ions
  (a) General Definitions. The following general definitions shall be used for wording
      and interpretation of wording throughout this LDC.


                                                                           Ge ne r a l D e f init ions - A
        (1) ABANDONMENT: As related to nonconforming uses and structures, having
            been abandoned as described in Section 2.7.3.6 of this LDC.
        (2) ABI LENE COMPREHENSI VE PLAN: The Comprehensive Plan of the City of
            Abilene, or any individual element thereof, as adopted and amended by the
            Abilene City Council. Also see Comprehensive Plan.
        (3) ABUTTING: Having property or district lines in common, or two objects in
            immediate contact.
        (4) ACCESS: Means of approaching or entering a property. Includes a right of
            passage to and from an adjacent street, alley, or property.
        (5) ACCESSORY: Being secondary or subordinate to something else.
        (6) ACCESSORY USE: A use that is clearly and customarily incidental and
            secondary to the permitted and/ or principal use of land or building(s), and that
            is under the same ownership as and located upon the same lot as the principal
            use, and which does not change the character thereof. The land/ building area
            that is used for the accessory use is significantly less than that used for the
            primary use.
        (7) ADJACENT: Contiguous, abutting or touching, and to be separated only by
            common property lines or an alley.




                             City of Abilene, Texas   Page 5- 30
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(8) ALL-WEATHER SURFACE: Paving material that provides a hard base for
    automobile use. The all-weather surface shall be composed of asphaltic or
    Portland cement bind pavement or other pavement material approved by the
    City Engineer, so as to provide a durable and dustless surface.
(9) ALLEY: A public way which is used primarily for vehicular access to the back
    or side of properties, and affords only secondary means of access to property
    abutting thereon.
(10)     AMENITY: Aesthetic or other characteristics of a development that
   increase its desirability visually, desirability to the City of Abilene, and/ or its
   marketability to the public. Amenities may vary according to the type and
   nature of development, but examples include a naturalized retention/ detention
   pond (refer to definition herein), a recreational facility, landscaping, or large
   trees.
(11)     APPEAL: A request for review of and relief from any decision applying a
   provision of this Code and which is authorized pursuant to Chapter 1, Article 3.
(12)     ARCHITECTURAL FEATURE: See Significant Architectural Feature.
(13)     AREA OF LOT: See Lot Size.
(14)     AREA REGULATI ONS: The regulations controlling minimum lot area,
   minimum lot depth and width, maximum building area or coverage, as well as
   required front, side and rear yards.
(15)    ARTICULATION: An interruption/ differentiation of the building wall
   plane with either a recess (concavity) or an offset (convexity) that projects
   away from the building wall plane by a measurable distance.
(16)     AS-BUILT/RECORD DRAWINGS: A group of drawings that depicts the
   final configuration of the installed or constructed improvements of a
   development, improvements which have been verified by the contractor as
   their installation or construction occurs during development. The as-built or
   record drawings should reflect the construction plans (or working drawings)
   used, corrected, and/ or clarified in the field. For the purposes of this LDC, the
   terms as-built drawing and record drawing shall be interchangeable.
(17)      ASSOCIATION: Usually a homeowners (HOA) or property owners
   association (POA). An incorporated non-profit organization operating under
   recorded land agreements through which: a) each lot owner in a planned
   development or other described land area is automatically a member; b) each
   lot is automatically subject to a charge for a proportionate share of expenses
   for the organization's activities such as maintaining common property, and (c)
   the charge, if unpaid, becomes a lien against the property.


                                                                Ge ne r a l D e f init ions - B
(18)    BARRICADE: An area of undisturbed ground left around an existing tree
   during construction to help stabilize the root structure and prevent damage to



                   City of Abilene, Texas   Page 5- 31
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   the bark and limbs. It is suggested that a two inch (2 ) thick cover of mulch or
   wood chips are used to preserve moisture in the barricaded area.
(19)      BASEMENT: That portion of a building having one-half (1/ 2) or more of
   its floor-to-ceiling height below grade level and having a floor-to-ceiling height
   of not less than six-and-one-half feet (6 ½ ). A basement shall not be counted
   in computing the number of stories permitted by this LDC.
(20)     BLOCK: An area enclosed by
   streets. A block is determined by
   the streets along its boundary which
   surround one or more lots. The
   streets used to determine a block
   shall be through streets, not cul-de-
   sac streets. A group of lots adjacent
   to a cul-de-sac shall not be counted
   as a block.     Refer to the blue-
   shaded area shown in Figure 5-1.
(21)     BLOCK        LENGTH:       The
   distance along a side of a street
   between two (2) intersecting streets
   If the street is a dead-end type, the
   distance between the nearest street
   and the end of such dead-end
   street.    Such distances shall be
   measured along the street centerline          Figure 5-1: Block & Block Length
   from one end of a row or group of
   lots to the other end. Refer to the illustration of block length shown in Figure
   5-1.
(22)     BOARD OF ADJUSTMENT: The Board of Adjustment of the City of
   Abilene, as created by this LDC and appointed by the City Council. Also may
   be referred to with the acronym BOA. The composition, powers and duties of
   the Board of Adjustment are set forth in Chapter 1, Article 1, Division 5 of this
   LDC.
(23)     BREEZEWAY: A small corridor with a roof, with no structure above it,
   and that is a maximum of five feet (5 ) in width (but may be of any length and
   height). The corridor provides a walking path between a main building and an
   accessory building, usually a garage or carport, and is unenclosed (i.e., is open
   to the outside).
(24)    BUFFER: An area of land that is intended to mitigate negative impacts
   between land uses and/ or along roadways. A buffer may be landscaped and
   may also include berms, walls, and/or fences.
(25)    BUILDING: Any structure built for the support, shelter, or enclosure of
   persons, chattels or movable property of any kind and which is affixed to the
   land. When separated by an absolute fire separation, each portion of such



                   City of Abilene, Texas   Page 5- 32
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   structure so separated is deemed a separate building. This definition includes
   structures wholly or partly enclosed with an exterior wall and roof.
(26)    BUILDING - MAI N, PRI MARY, OR PRINCIPAL: A building in which
   the permitted and/ or principal use of the lot on which such use is situated is
   conducted.
(27)     BUI LDI NG AREA: Area of the building site left to be built upon after
   the required setbacks and easements have been provided.
(28)   BUI LDI NG CODE: All building regulations adopted under the Abilene
   Code of Ordinances.
(29)     BUI LDI NG HEI GHT: The vertical distance measured from grade at the
   front of the building to the highest point of a flat roof, to the deck line of a
   mansard roof, or to the mean height level between eaves and ridge for a
   gable, hip, or gambrel roof.
(30)     BUI LDI NG LI NE: A line parallel or approximately parallel to the street
   line at a specified distance from there, marking the minimum distance from the
   street line that a building may be erected.
(31)     BUI LDI NG OFFI CI AL: That individual that is the head of the Building
   Inspection Division and who ensures compliance with the Building Code of the
   City of Abilene, Texas, and with any applicable regulations within this LDC.
   This definition also includes any designee of the Building Official.
(32)     BUI LDI NG PERMI T: An instrument in writing signed by the Building
   Official or other designated responsible official authorizing described
   construction on a particular lot.


                                                                Ge ne r a l D e f init ions - C
(33)   CALIPER: Diameter of the tree trunk measured at a specified height
   above the ground.
(34)    CARPORT          and     PATI O       COVERS      ( RESI DENTI AL    and
   NONRESIDENTIAL): A roofed structure, open on a minimum of two and
   three-fourth (2-3/ 4) sides when attached to the primary structure and open on
   three (3) sides when detached from the primary structure. The roof may be
   supported by posts, columns or piers. Siding may extend down a maximum of
   two feet (2 ) from the roof and still be considered open on that side.
(35)    CENTERLINE, STREETS OR ALLEYS: An imaginary line drawn midway
   between the bounding right-of-way lines of a street or alley. Where the
   bounding right-of-way lines are irregular, the centerline is be determined by
   the City Engineer.
(36)     CERTI FI CATE OF OCCUPANCY: A written instrument executed by the
   Building Official authorizing a described use of a lot or building as set forth in
   the Building Code and in this LDC within in Chapter 4, Article 1, Division 4.
(37)     CITY: The City of Abilene, Texas.


                   City of Abilene, Texas   Page 5- 33
Land Development Code     Chapter 5: Definitions     Article 1: Definitions


(38)    CI TY ENGI NEER:         The Abilene City Engineer, or an authorized
   representative.
(39)     CI TY MANAGER: That person holding the office of City Manager under
   the terms of the Abilene Charter, or an authorized representative.
(40)     CITY PLANNER: See Director of Planning.
(41)    CI TY SECRETARY: That person holding the office of City Secretary
   under the terms of the Abilene Charter, or an authorized representative.
(42)     CI TY STANDARDS: All of the City's technical standards and
   specifications that apply to development, together with all tables, drawings,
   and other attachments. All City standards described or referred to in this Land
   Development Code are adopted by reference and are a part of this Land
   Development Code in the same way as if they were set out at length herein.
   See also the 2001 City of Abilene Standard Specifications for Construction
   (ASSC).
(43)    CLUSTER DEVELOPMENT: A method of development for land that
   permits variation in lot sizes without an increase in the overall density of
   population or development.
(44)    COLLOCATION: The use of a single support structure and/ or site by
   more than one communications provider.
(45)    COMMENCE( I NG) CONSTRUCTION: The initial disturbance of soils
   associated with clearing, grading, or excavating activities or other construction
   or development.
(46)    COMMERI CI AL or BUSI NESS MESSAGE: A message that contains or
   conveys commercial context or information or advertising for any business,
   commodity, service, entertainment, product or other attraction or event.
(47)    COMMERCI AL VEHI CLE/ TRUCK:               See Heavy Load Vehicle definition
   herein.
(48)     COMMISSION: The City of Abilene Planning and Zoning Commission.
(49)     COMMUNI CATI ONS           OPERATI ONS           ( NON-COMMERCIAL/
   AMATEUR): The transmission, retransmission 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.
(50)      COMMUNI CATI ONS          OPERATI ONS         ( COMMERCI AL) :       The
   transmission, retransmission, or reception of radio, television, electromagnetic,
   or microwave signals primarily for the purpose of operating a business and/ or
   for financial gain.
(51)     COMPATIBILITY: The characteristics of different land uses or activities
   that permit them to be located near each other in harmony and without
   conflict.
(52)    COMPLETE APPLI CATI ON: An application that meets the standards of
   Chapter 1, Article 2, Division 1, Section 1.2.1.2 of this LDC, and has been


                  City of Abilene, Texas   Page 5- 34
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


   deemed complete by the City in accordance with the Texas Local Government
   Code, Chapter 245, or successor statute.
(53)     COMPREHENSI VE PLAN: The City of Abilene's long-range plan
   intended to guide the growth and development of a community and including
   analysis and recommendations concerning the community's population,
   economy, housing, transportation, community facilities and land use. This
   includes any portion thereof that is separately adopted and any amendment to
   the Comprehensive Plan or portion thereof.
(54)    CONCEPT PLAN: A component of the regulations for a Planned
   Development District that complies with the requirements of Chapter 2, Article
   2, Division 2 of this Land Development Code that illustrates elements of the
   proposed Planned Development District, such as the location and arrangement
   of uses, the relationship of such uses to base zoning districts, development
   phasing, planned public improvements, open space, proposed amenities and
   the overall design of the development.
(55)      CONDI TI ONAL USE PERMI T ( CUP) : A permit authorizing the
   establishment of a use that may be suitable only in certain locations in a zoning
   district, or that is allowed only when subject to standards and conditions that
   assure compatibility with adjoining uses. Such permit complies with Chapter 2,
   Article 2, Division 3 of this LDC, and related regulations of uses are within
   Chapter 2, Article 5, Division 2 (Land Use Matrix) of this LDC.
(56)     CONSERVATION DISTRICT: See Neighborhood Conservation District.
(57)     CONSTRUCTION: With respect to a building, construction is the
   assembly of materials into a structure, or the rehabilitation or replacement of a
   structure which has been damaged, altered or removed or which is proposed
   to be altered or removed to an extent exceeding fifty percent (50%) of the
   area of the structure at the time of the damage, alteration or removal. For the
   purposes of this definition, construction includes the installation of a parking
   lot.
(58)     CONSTRUCTI ON PLANS: The drawings and technical specifications
   that conform to Chapter 3, Article 1, Division 8 of this LDC. Construction plans,
   including bid documents and contract conditions, where applicable, provide a
   graphic and written description of the character and scope of the work to be
   performed in construction of a development.
(59)     CONTRI BUTI NG PROPERTY: A historic property that is considered to
   be historically significant by local, State, or Federal governments that rank
   historic properties and generally follow the guidelines of the National Park
   Service, Department of the Interior, for listing on the National Register of
   Historic Places.
(60)     CORNER LOT: See Lot, Corner.
(61)     COUNCIL: The City of Abilene City Council.




                  City of Abilene, Texas   Page 5- 35
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(62)      COVERAGE: The percent of a lot area which is covered by a roof, floor,
   or other structure, which is not open to the sky, and which prevents the
   infiltration of water into the soil.
        a. Roof eaves extending two feet (2 ) and ordinary projections from the
             building not exceeding twelve inches (12 ) are not considered in
             computing coverage.
        b. Wooden decking planks of wood with gaps (approximately 1/ 4-inch)
             in between is not considered in computing coverage.
        c. Any outside area that is covered with a roof structure, whether fully
             enclosed or not, are considered in computing coverage.
        d. Typical outdoor surfaces that do not allow for water infiltration, such as
             exposed aggregate surfacing or concrete porches, are considered in
             computing coverage.
        e. Swimming pools are not considered in computing coverage.
(63)    CUL-DE-SAC: A local street having one (1) inlet/ outlet to another street
   and terminated on the opposite end by a vehicular turnaround.


                                                                Ge ne r a l D e f init ions - D
(64)     DENSITY: The number of dwelling units per acre; the relationship of
   dwelling units or other buildings to the area of the lot upon which such
   dwellings or other buildings are located or erected.
(65)     DEPTH OF LOT: See Lot Depth.
(66)     DEVELOPED AREA: That portion of a plot or parcel upon which a
   building, structure, pavement or other improvements have been placed.
(67)     DEVELOPER: An individual, partnership, corporation or governmental
   entity undertaking the division or improvement of land and other activities
   covered by this Land Development Code, including the preparation of a plat
   showing the layout of the land and the public improvements involved therein.
   The term developer is intended to include the term subdivider.
(68)       DEVELOPMENT: Initiation of any activities related to the platting of land
   or construction of buildings or structures, the construction of impervious
   surfaces (e.g., parking lots), the installation of utilities, roadways, drainage
   facilities or other infrastructure; or any disturbance of the surface or
   subsurface of the land in preparation for such construction activities, including
   without limitation removal of vegetation, grading, clearing, filling, or removal of
   soil.
(69)     DEVELOPMENT APPLI CATION: Either a petition for a legislative
   decision, such as a zoning amendment, or an application for a development
   permit, such as a plat.
(70)    DEVELOPMENT PERMI T: A decision by the Commission, Board or
   responsible official designated by this LDC, acting in an administrative or quasi-



                   City of Abilene, Texas   Page 5- 36
Land Development Code       Chapter 5: Definitions    Article 1: Definitions


   judicial capacity, that authorizes the holder of the permit to undertake one or
   more development activities or to file further applications needed to initiate or
   continue development activities authorized under the Land Development Code.
   The filing of a complete application for a development permit may or may not
   stay the City from adopting new standards applicable to the permit or any
   subordinate permit, depending on the nature of the standards.
(71)     DEVELOPMENT STANDARDS: All regulations, design standards,
   requirements and restrictions that apply to a development.
(72)    DIRECTOR OF PLANNI NG: The Director of the City Department of
   Planning and Development Services, or an authorized designee.
(73)    DIRECTOR OF PUBLI C WORKS: The Director of the City Department
   of Public Works, or an authorized designee.
(74)     DISTRICT: A zoning district under this Land Development Code.
(75)    DRIVEWAY: An entranceway serving primarily vehicles that allows for
   access to a lot or facility.
(76)     DUMPSTER: See Refuse Container.


                                                                  Ge ne r a l D e f init ions - E
(77)    EASEMENT: An interest in land granted to the City, to the public
   generally and/or to a private entity.
(78)     ENFORCING OFFICER: The designated official of the City of Abilene or
   his designated representative that ensures that regulations are adhered to and
   standards required are met.
(79)     ENGINEER: A person duly licensed under the Texas Engineering Practice
   Act to practice the profession of engineering.
(80)     ENVIRONMENTAL PROTECTI ON AGENCY ( EPA) : The U.S.
   Environmental Protection Agency, or, where appropriate, the administrator or
   other duly authorized official of that agency.
(81)     ERECT: To construct, reconstruct, install or build.
(82)     ETJ:     Extraterritorial jurisdiction.     See definition of Extraterritorial
   Jurisdiction herein.
(83)     EXCAVATION: Any digging, trenching, scraping or other activity that
   disturbs natural soil or rock to a depth of two feet (2 ) or more, other than soil
   disturbance incidental to the removal of trees or vegetation.
(84)     EXTERI OR ALTERATI ON: Any change or addition to the dimensions,
   materials, configuration, character, or appearance of including the floor,
   exterior walls, columns, porches, doors, or windows of a structure or building.
(85)    EXTRATERRITORIAL JURISDICTION: The unincorporated area, not a
   part of any other municipality, which is contiguous to the corporate limits of



                   City of Abilene, Texas   Page 5- 37
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   the City of Abilene, the outer limits of which are measured from the extremities
   of the corporate limits of the City outward for the distances as may be
   stipulated in Chapter 42 of the Texas Local Government Code in accordance
   with the population of the City of Abilene, and in which area the City may
   enjoin violation of certain provisions of this Land Development Code.


                                                                Ge ne r a l D e f init ions - F
(86)     FAÇADE: The entire area of a side (the elevation) of a building or
   structure that extends from ground level to the top of a parapet, wall or
   eave(s) and from one corner to another. The area of a facade is defined by the
   outer limits of all of its visible exterior elements.
(87)    FAMILY:        Any number of persons living together as a single
   housekeeping unit who are related by blood, legal adoption, or marriage, or
   not more than three (3) unrelated persons living as a single housekeeping unit,
   except for the following instances:
       a. Domestic servants, employed on the premises, may be housed on the
           premises without being counted as a family or families.
       b. No more than two (2) unrelated individuals may also room and/ or
           board with a family composed wholly of related individuals.
   For four (4) or more roomers, see definition for Boarding and/ or Rooming
   House. The term family shall not be construed to mean a fraternity, sorority,
   club or institutional group.
(88)      FI NAL PLAT: The plat of a subdivision for which platting is required
   which, when authorized, submitted and approved as regulated by Chapter 3,
   Article 1, Division 3 of this Land Development Code, will be recorded in the
   official public records.
(89)     FLOOR AREA: The square footage of total floor area of all floors (all
   stories) within a building or buildings on a lot, measured from the interior face
   of exterior walls.
(90)     FLOOR AREA RATI O: The total floor area of a main building or
   buildings on a lot, divided by the lot area. Any maximum FAR permitted shall
   be calculated by dividing the gross square footage of the building(s) to the net
   (after right-of-way dedication) area of the lot (measured in square feet). Any
   below grade mechanical rooms, parking garages, or other non-occupied areas
   shall not be included in the gross square footage of the building(s) for the
   purposes of this calculation.
(91)     FREEWAY: See definition of Street, Freeway.
(92)    FRONT ( OF A BUI LDI NG) : The side of a building on which the main
   entrance (front door) is located.
(93)     FRONTAGE, LOT: The length of street frontage between property lines.
(94)    FRONTAGE, STREET: The linear distance of the property line measured
   along all abutting street rights-of-way; the length of all property on one (l) side


                   City of Abilene, Texas   Page 5- 38
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


   of a street between two (2) intersecting streets measured along the line of the
   street, or if the street is a dead end, then the length of all property abutting on
   one (l) side between an intersecting street and the end of the dead end street.


                                                               Ge ne r a l D e f init ions - G
(95)     GRADE: The average elevation of the highest and lowest elevation
   measured at the finished surface of the ground at any of the exterior corners
   of the building or structure.
(96)      GROSS LEASABLE AREA (GLA): Total floor area designed for tenant
   occupancy and exclusive use including basements, mezzanines, and upper
   floors, if any; expressed in square feet and measured from the centerline of
   joint partitions and from outside wall faces.
(97)    GROUNDCOVER: A spreading plant, including sods and grasses less
   than 18 inches in height, used mainly for erosion control.
(98)


                                                               Ge ne r a l D e f init ions - H
(99)     HEAVY LOAD VEHI CLE: 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
   (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.
(100)    HEI GHT ( OF AN ANTENNAE OR TOWER) : The distance measured
   from the finished grade of the lot or parcel to the highest point on the support
   structure or other structure, including the base pad and any antennae. Also
   see Chapter 2, Article 5, Division 6, Telecommunications Towers and Antennas.
(101)    HI STORI C DI STRI CT OVERLAY: An overlay zoning district that
   promotes historic preservation in business districts and neighborhoods. It can
   be for individual sites, buildings, structures, objects, and districts. Property
   that has this zoning may be eligible for a City property tax reduction (refer to
   the Abilene City Code). Like in any overlay district, the base zoning regulations
   remain the same and are enforceable in addition to the Historic District
   Overlay. Refer to Chapter 2, Section 2.4.4.3 for specific information on
   Abilene s Historic Overlay District.
(102)     HISTORIC SURVEY: For the purposes of this LDC, this term shall mean
   a survey initiated and or approved by Federal, State or local government to
   determine what properties from a specific time period or geographic area are
   considered historically significant. A survey may rate (high, medium, low
   priority) a historic property or simply list them. A survey usually attempts to
   date buildings or may provide other information.



                  City of Abilene, Texas   Page 5- 39
  Land Development Code    Chapter 5: Definitions   Article 1: Definitions




                                                                Ge ne r a l D e f init ions - I
 (103)    IMPERVIOUS COVER: See Coverage.
 (104)    I MPROVED LOT OR TRACT: A lot or tract that has a structure or other
    improvement on it that causes an impervious coverage of the soil under the
    structure or improvement.
 (105)   I NTERESTED PERSON: A person who is impacted by a final decision of
    the City to the extent that such impact exceeds the impact of the decision on a
    member of the general public. An interested person may include any officer or
    agency of the City.


                                                                Ge ne r a l D e f init ions - J
(None included.)


                                                                Ge ne r a l D e f init ions - K
(None included.)


                                                                Ge ne r a l D e f init ions - L
 (106)   LANDMARK: Any area, site, structure, district, building, or object which
    has special historical, architectural or cultural interest, reflects the
    development, heritage, or cultural characteristics of the community and which
    the City Council determines shall be preserved in the interests of the general
    welfare of the community.
 (107)    LANDSCAPING: An area devoted to and maintained predominantly
    with living plant material including lawn, groundcover, trees, shrubs, and other
    plant materials; and also including accessory decorative outdoor landscape
    elements such as fountains, paved or decorated surfaces (excluding driveways,
    parking, loading, or storage areas), and sculptural elements. Also may be
    referred to as Landscaped Area.
 (108)    LOT: An undivided tract or parcel of land shown and designated with a
    tract or lot number on a duly recorded subdivision or development plat. A lot
    is or may be offered for sale, conveyance, transfer or improvement, which is
    designated as a distinct and separate tract, and which is identified by a tract,
    lot number, or symbol in a duly approved plat that has been properly filed of
    record. A lot, which is designated as a distinct and separate tract, and which is
    identified by a tract, lot number, or symbol in a duly approved plat that has
    been properly filed of record, is or may be offered for sale, conveyance,
    transfer or development.




                   City of Abilene, Texas   Page 5- 40
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(109)    LOT AREA: The square foot area or the acreage of a lot within the
   bounding property lines and exclusive of dedicated streets and alleys, but may
   include easements.
(110)    LOT, CORNER:        A lot abutting upon two (2) or more streets at their
   intersection(s).
(111)    LOT COVERAGE: See Coverage.
(112)    LOT DEPTH - The distance between the midpoints of straight lines
   connecting the foremost points of the side lot lines in front and the rearmost
   points of the side lot lines in the rear (the mean horizontal distance between
   the front and rear lot line).
(113)    LOT, DOUBLE FRONTAGE: Any lot, not a corner lot, with frontage on
   two streets that are essentially parallel to each other or are within forty-five
   (45) degrees of being parallel to each other.
(114)    LOT, FLAG-SHAPED: An irregularly shaped lot that takes its sole access
   via a long, narrow strip of land connecting the principal building site to a public
   street.
(115)    LOT, INTERIOR: A lot other than a corner lot.
(116)   LOT, KEYED: Any lot having an essentially trapezoidal shape, with a rear
   boundary greater in width than the front boundary and located on a street
   curve having a centerline radius less than two hundred and fifty feet (250 ).
(117)    LOT LINE: A property (ownership) boundary of a lot, as defined herein.
(118)    LOT WI DTH: The horizontal distance between straight lines connecting
   front and rear lot lines at each side of the lot, measured across the rear of the
   required front yard.


                                                               Ge ne r a l D e f init ions - M
(119)    MI NOR PLAT: A plat dividing land into no more than four (4) lots that
   meets the submission and approval requirements of Chapter 3, Article 1,
   Division 6 of this Land Development Code.
(120)    MOBI LE RECREATI ON EQUIPMENT: Any vacation travel trailer, as
   defined herein this chapter, as well as any boat; any trailer designed or
   intended by its manufacturer primarily for transportation of a boat; and any
   semi-trailer or self-propelled motor vehicle which is designed, constructed and
   equipped for human habitation as a temporary dwelling place or sleeping
   place.


                                                                Ge ne r a l D e f init ions - N
(121)    NEI GHBORHOOD CONSERVATI ON DI STRI CT: A district established
   to provide a means of preserving an area s distinctive atmosphere or character
   by protecting or enhancing its significant architectural or cultural attributes.




                   City of Abilene, Texas   Page 5- 41
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   Refer to Chapter 2, Section 2.4.4.2 for specific information on Abilene s
   Neighborhood Conservation Overlay (NCO) zoning district.
(122)   NONCONFORMING: A use or structure was lawful at the time it was
   begun, but could not presently be so begun, used, or constructed under
   current LDC regulations.
(123)    NONCONFORMI NG LOT: Any platted lot that does not conform with
   the regulations of this Code and that is regulated by Chapter 2, Article 7,
   Division 2, and specifically Section 2.7.2.3.
(124)     NONCONFORMI NG STRUCTURE: Any structure, building or physical
   improvement existing on land which does not conform to the regulations,
   relative to its size, height or location, within the zoning district in which it is
   located.
(125)    NONCONFORMI NG USE: Any activity or use of land which was lawful
   prior to the enactment of this LDC, which does not conform to the regulations
   of the zoning district in which it is located.
(126)    NONCONTRI BUTI NG PROPERTY: A noncontributing property is a
   property that is considered not to be historically significant by local, State, or
   Federal governments that rank historic properties and generally follow the
   guidelines of the National Park Service, Department of the Interior, for listing
   on the National Register of Historic Places. A noncontributing property would
   not meet one or more to the criteria in Section 2.4.4.3(c) (Historic Overlay
   District criteria) of this LDC.


                                                                Ge ne r a l D e f init ions - O
(127)    OCCUPANCY: Any utilization of real property.
(128)    OFFI CI AL FI LI NG DATE:        The date an applicant delivers the
   application or plan to the City or deposits the application or plan with the
   United States Postal Service by certified mail addressed to the City with all
   required fees and documents as stated on the application form, as described
   by Section 1.2.1.4 of this LDC. The official filing date is also subject to
   complete application provisions within this LDC; see the definition of Complete
   Application as well as requirements within Section 1.2.1.2 of this LDC.
(129)   OPEN SPACE RATI O/ PERCENTAGE: The square foot amount of open
   space for each square foot of floor area within lot boundaries. This may be
   expressed as a percentage of open space within lot boundaries.
(130)     OVERLAY ZONI NG DI STRICT: A zoning district that establishes
   regulations that combine with the regulations of an underlying (base) zoning
   district. The purposes of an overlay district shall be to prohibit uses otherwise
   allowed in the base district, to establish additional or different conditions for
   such uses, or to authorize special uses, together with standards for such uses,
   not otherwise allowed in the base district. Overlay zones shall be designated in




                   City of Abilene, Texas   Page 5- 42
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


   the same manner and are subject to the same rezoning procedures as any
   zoning district.


                                                               Ge ne r a l D e f init ions - P
(131)    PARKI NG AREA: An area containing multiple parking spaces together
   with accompanying maneuvering area and driveway access, usually off-street
   and always composed of all-weather surface material, for the storage of motor
   vehicles. Parking in the area may be free, may be for compensation, or may
   be provided as an accommodation for clients or customers.
(132)    PARKI NG SPACE: Generally, a storage area or stall for parking of an
   individual motor vehicle. An off-street parking space is one not located on a
   dedicated right-of-way, but is instead characterized by an all-weather surface
   together with an all-weather driveway connecting the parking space with a
   street or alley. An on-street parking space is one that may be located along a
   dedicated right-of-way in a designated location.
(133)   PARKWAY: That portion of the public right-of-way lying primarily
   between the edge of the pavement or curb and the private property line.
(134)    PERMI TTED USE: A use specifically allowed in one (1) or more of the
   various zoning districts by right, meaning that no zoning amendment is
   necessary to allow the use within a designated zoning district. This term does
   not include uses permitted with a Conditional Use Permit (CUP).
(135)    PERFORMANCE STANDARD: Standards specified for the operating
   characteristics of different activities and related to noise, smoke, airborne
   particulate matters, odors, toxic and noxious matter, glare, exterior
   illumination, and vibration.
(136)   PERSON: A human being, his heirs, executors, administrators, or
   assigns and also includes a firm, partnership, or corporation, its or their
   successors or assigns, or the agent of any of the aforesaid.
(137)    PERSONAL PROPERTY: For the purpose of regulating garage sales,
   the term shall mean property which is owned, utilized and maintained by an
   individual or members of his or her household and acquired in the normal
   course of living or maintaining a residence. The term does not include
   merchandise which was purchased for resale or obtained on consignment.
(138)    PETI TI ON FOR A LEGI SLATI VE DECI SI ON: A request for approval of
   an action authorized under this Land Development Code requiring action by the
   City Council acting in its legislative capacity.
(139)   PETI TI ON FOR CHANGE I N NON-CONFORMI NG STATUS: A
   request by a property owner to the City of Abilene Board of Adjustment (BOA)
   under Chapter 2, Article 2, Division 5 of this Land Development Code for a
   change in the status of a non-conforming use or structure to allow for
   modification to the use or property owned.




                  City of Abilene, Texas   Page 5- 43
  Land Development Code    Chapter 5: Definitions   Article 1: Definitions


 (140)    PETI TI ON FOR RELI EF FROM DEDI CATI ON OR CONSTRUCTION
    REQUIREMENT: A request for relief from a requirement imposed under this
    Land Development Code to dedicate or construct a public improvement based
    on constitutional standards, and that is reviewed and decided under Chapter 1,
    Article 3, Division 2 of this Land Development Code.
 (141)   PLANNED DEVELOPMENT ( PD) DI STRI CT: A land development
    project comprehensively planned which permits flexibility in building siting,
    mixtures of housing types and land uses, usable open spaces, and the
    preservation of significant natural features. Such district adheres to the
    standards of Chapter 2, Article 2, Division 2 of this LDC.
 (142)    PLANNI NG DI RECTOR: The Director of Planning as stated in Section
    85 of the City Charter of Abilene.
 (143)    PLAT: A map, drawing, chart or plan showing the exact layout and
    proposed construction of a proposed development into one or more lots,
    blocks, streets, parks, school sites, commercial or industrial sites, easements,
    alleys and/ or any other elements as required by this Land Development Code
    and which a subdivider shall submit for approval in accordance with this Land
    Development Code.
 (144)    PORCH: A roofed space open on three (3) sides, one (l) or more stories
    in height, the roof of which is an extension of the roof of a building to which
    the porch is attached.      The purpose of such space is to shelter people or
    objects, not including vehicles, from the sun, rain and general weather.
 (145)   PRELIMINARY DEVELOPMENT PLAN: The initial plat for a subdivision
    to be developed in phases that delineates the sequence and timing of
    development within the proposed subdivision, and that is reviewed and decided
    under Chapter 3, Article 1, Division 2 of this Land Development Code.
 (146)    PRELI MI NARY PLAT: A plat that illustrates and thereby assures the
    general layout of a proposed subdivision, the adequacy of public facilities
    needed to serve the proposed subdivision, and the overall compliance of the
    land division with applicable requirements of the Land Development Code and
    that is reviewed and decided prior to approval of a Final Plat. This type of plat
    is authorized under Chapter 3, Article 1, Division 3 of this Land Development
    Code.
 (147)   PUBLI C RI GHT-OF-WAY: A strip of land used or intended to be used,
    wholly or in part, as a public street, alley, crosswalk way, sidewalk, path or
    drainageway.
 (148)    PUBLIC VIEW: Areas that can be seen from any public street.


                                                                Ge ne r a l D e f init ions - Q
(None included.)




                   City of Abilene, Texas   Page 5- 44
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


                                                                Ge ne r a l D e f init ions - R
(149)   RADI O, TELEVI SI ON OR MI CROWAVE TOWER: See                          Antenna,
   Microwave Reflector & Antenna Support Structure.
(150)    RECORD DRAWINGS: See As-Built/Record Drawings.
(151)    RECORDED PLAT: A plat that has been finally approved by the City and
   that has been filed with the applicable County after meeting all City
   requirements for recordation under Chapter 3, Article 1, Division 4 of this Land
   Development Code.
(152)    RECREATIONAL VEHICLE (RV): Refer to Vacation Travel Trailer.
(153)    REFUSE CONTAINER: Any container used for the temporary storage of
   routinely collected waste that is specifically designed to be emptied by heavy
   machinery. Also may be referred to as a dumpster or trash receptacle.
(154)   REMAI NDER TRACT: Land that is part of a larger parcel that is not
   subject to a subdivision plat affecting the parcel.
(155)    RESIDENCE: A building occupied as the dwelling place of one (1) or
   more persons in which the use and management of sleeping quarters, all
   appliances for cooking, ventilating, heating, or lighting are under one (1)
   control, including any type of dwelling defined herein.
(156)     RESPONSI BLE OFFI CI AL: The City staff person who has been
   designated to accept a type of development application for filing, to review and
   make recommendations concerning such applications, and where authorized,
   to initially decide such applications, to initiate enforcement actions, and to take
   all other actions necessary for administration of the provisions of this Land
   Development Code with respect to such development applications. Also
   includes any designee of the designated City staff person.
(157)    RETAI L TRADE: The sale of commodities in relatively small quantities
   directly to consumers.


                                                                Ge ne r a l D e f init ions - S
(158)   SCREENING: Fencing, walls, planted berms, or densely planted
   vegetation which acts as a buffer or visibility.
(159)  SERVICE: Activity which involves the provision of useful labor to supply
   some public demand, but does not produce a tangible commodity.
(160)    SETBACK LI NE: A line defining an area on the lot between the property
   line and the building line within which no building shall be constructed,
   encroach or project, except as specifically authorized in an adopted City
   ordinance or within this LDC.
        a. Exterior Side Setback Line: A side setback adjacent to a street right-of-
           way line.




                   City of Abilene, Texas   Page 5- 45
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


       b. Front Setback Line: A line parallel to the street right-of-way line which
          the building takes its primary access from and faces.
       c. Interior Side Setback Line: A side setback that is not adjacent to a
          street right-of-way.
       d. Side Setback Line: A line parallel to an adjacent lot, property line, or
          street right-of-way on a corner lot, up to which the building sides.
       e. Rear Setback Line: A line parallel to an adjacent lot, alley or street, for
          double frontage lots, to which the building backs up and from which it
          has its rear or secondary access.
(161)    SI GNI FI CANT ARCHI TECTURAL FEATURE: That quality in buildings
   and structures, or parts thereof, which represents characteristics of a style or
   period of design and construction and which reflect, through integrity of
   location, design, materials, and workmanship, and the community's heritage,
   including its historical, architectural and cultural values.
(162)    SITE: A tract of property that is the subject of a development
   application.
(163)    SI TE DEVELOPMENT PLAN: The final step of the development process
   within a PD district, if required by the ordinance adopting the PD. Refer to
   Section 2.2.2.10 of this LDC.
(164)    SI TE PLAN: A scaled and detailed drawing that conforms to the
   requirements of this LDC, specifically Chapter 4, Article 1, Division 1, and that
   shows the roads, parking, footprints of all buildings, existing trees, proposed
   landscaping, parkland, open space, grading and drainage, and similar features
   needed to verify compliance with the City s approved Comprehensive Plan and
   development standards.
(165)    SITE PREPARATION PERMIT: A permit that is issued under Chapter 4,
   Article 1, Division 2, Section 4.1.2.2 of this Land Development Code, that
   authorizes site preparatory activities other than construction or placement of a
   structure on the land under one or more site plans and that, upon approval,
   authorizes the property owner to apply for a construction permit.
(166)    SPECIAL EXCEPTION: A modification of zoning standards authorized by
   the City Board of Adjustment that is applicable to particular types of
   development within any zoning district in a manner consistent with the overall
   intent of the zoning regulations and for which express standards are prescribed
   in Chapter 2, Article 2, Division 5, Section 2.2.5.1 of this LDC.
(167)    STORY: That portion of a building included between the surface of any
   floor and the surface of the floor next above it, or if there is no floor above it,
   then the space between such floor and the ceiling.
(168)   STREET: The entire width between property lines when any part thereof
   is open to the use of the public, as a matter of right, for the purpose of
   vehicular traffic. This definition shall include public as well as private streets.
   An Alley is not considered to be a street, and is separately defined herein.




                   City of Abilene, Texas   Page 5- 46
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


(169)    STRUCTURE:       Anything constructed or erected on the ground or
   attached to the ground, that has a permanent location on the ground in some
   definite manner, and that is covered by a roof. Examples include buildings,
   sheds, cabins, mobile homes and other similar items. Also see Building.
(170)    SUBDIVIDE:
        a. Is the following when done for the purpose of sale or building
           development:
               1. The division of any tract of land into two (2) or more tracts or
                  lots; or
               2. The assembly of two (2) or more tracts of land into one (1) tract
                  or lot.
        b. Is the following with regard to changes to a recorded plat:
               1. A resubdivision of all or part of the subdivision;
               2. Any change of lot size or lot lines; or
               3. The relocation of any street.
(171)    SUBDIVIDER: Any person or any agent of the person dividing                  or
   proposing to divide land so as to constitute a subdivision, as that term           is
   defined in this section. In any event, the term subdivider ' is restricted        to
   include only the owner, equitable owner or authorized agent of the owner          or
   equitable owner of land to be subdivided.
(172)   SUBDI VI SI ON: Pertaining to land for which a plat has been recorded,
   subdivision means an area of subdivided lots; pertaining to the act of
   subdividing land, see the definition of Subdivide herein.
(173)   SUBSTANTI AL I MPROVEMENT: The total of all repairs, reconstruction
   or improvements of a structure which have occurred less than twelve (12)
   months prior to application for a permit for a proposed repair, reconstruction,
   or improvement; which increases the floor area of an existing structure by fifty
   percent (50%) or more, or the cost of which equals fifty percent (50%) or
   more of the market value of an existing structure, either:
        a. Before the improvement or repair is started, or
        b. If the structure has been damaged, and is being restored, before the
           damage occurred.
   For the purposes of this definition, substantial improvement is considered to
   occur when the first alteration of any wall, ceiling, floor, or other structural part
   of the building commences, whether or not the alteration affects the external
   dimensions of the structure. The term does not, however, include either:
       a. Any project for improvement of a structure to comply with existing or
          local health, sanitary, or safety code specifications which are solely
          necessary to assure safe living conditions, or
       b. Any alteration of a structure listed on the National Register of Historic
          Places or a State Inventory of Historic Places.




                   City of Abilene, Texas   Page 5- 47
Land Development Code     Chapter 5: Definitions   Article 1: Definitions


(174)   SURVEYOR: A licensed state land surveyor or a registered professional
   land surveyor, as authorized by State statutes, to practice the profession of
   surveying.


                                                               Ge ne r a l D e f init ions - T
(175)    TCEQ: The acronym for the Texas Commission on Environmental Quality.
(176)   TELECOMMUNI CATI ONS FACI LI TY, TOWER, OR STRUCTURE: See
    Antenna, Microwave Reflector & Antenna Support Structure.
(177)    TEXAS LOCAL GOVERNMENT CODE ( TLGC) : The legislative statutes
   of State of Texas, as amended, that involve various rules and laws governing
   the functioning of municipalities, including zoning and subdivision regulations.
(178)    THOROUGHFARE, MAJOR: The primary road within the boundaries of
   the Corridor Overlay District (the regulations for this district are contained
   within Chapter 2, Article 4, Division 4).
(179)  TIEDOWN: Any device designed for the purpose of anchoring a mobile
   home or manufactured home to ground anchors, as required by V.T.C.A.,
   Occupations Code, Chapter 1201.
(180)   TEMPORARY/ MOBI LE ANTENNA: An antenna and any associated
   support structure or equipment, including, but not limited to, a support pole, a
   vehicle that is placed and/or used on a temporary basis only not intended to be
   permanent, usually in conjunction with a special event, news coverage or
   emergency situation, or in case of equipment failure or temporary
   augmentation of permanent communications equipment.
(181)    TREE, CANOPY: Any self-supporting woody plant with one well defined
   trunk and a distinct and definite formed crown which attains a height of at
   least twenty feet (20 ).
(182)   TREE, EXISTING: Any self-supporting woody plant with a caliper of two
   inches (2 ) in diameter or greater which is in healthy condition.
(183)    TREE, NON-CANOPY: Any self-supporting woody plant with a two-
   inch(2 ) caliper and one (1) or more trunks which attains a height of at least
   ten feet (10 ).
(184)    TRUCK: See Heavy Load Vehicle.
(185)    TXDOT: The acronym for the Texas Department of Transportation.


                                                               Ge ne r a l D e f init ions - U
(186)   UTILITY: A business that provides an essential commodity or service,
   such as electric, gas transmission, and local telephone, and that is generally
   under government regulations.




                  City of Abilene, Texas   Page 5- 48
  Land Development Code     Chapter 5: Definitions   Article 1: Definitions


                                                                 Ge ne r a l D e f init ions - V
 (187)    VARIANCE: Authorization to deviate from or vary one or more standards
    applicable to a development application that is reviewed and decided under
    Chapter 2, Article 2, Division 5, Section 2.2.5.2 of this Land Development Code.
 (188)    VESTED RI GHTS PETI TI ON: A request for relief from one or more
    standards of this Land Development Code based on an assertion that the
    petitioner has acquired a vested right requiring the City to review and decide
    the application under standards in effect prior to the effective date of the
    standards of this Land Development Code. Such petition is regulated under
    Chapter 1, Article 3, Division 3.
 (189)     VIOLATION: The failure of a use, structure or other development to
    fully comply with this Land Development Code.


                                                                Ge ne r a l D e f init ions - W
 (190)    WAIVER: Authorization to deviate from or vary one or more standards
    applicable to a development application; such authorization is applied for,
    reviewed, and decided under Chapter 1, Article 3, Division 4 of this Land
    Development Code.
 (191)   WATER STORAGE:             Impounded surface water areas or surface tanks
    used for storage.
 (192)   WI RELESS COMMUNI CATI ON TOWER OR STRUCTURE:                                 See
     Antenna, Microwave Reflector & Antenna Support Structure.


                                                                 Ge ne r a l D e f init ions - X
(None included.)


                                                                 Ge ne r a l D e f init ions - Y
 (193)    YARD: Open space on the lot or building plot on which a building is
    situated, between the property line and the setback line, which is open and
    unobstructed to the sky by any structure except as herein provided.
 (194)    YARD, FRONT: The open (unoccupied, unobstructed) space located in
    front of the front building line of the principal building(s), calculated as the
    minimum horizontal distance between the front property line and the front
    building line of the principal building(s). Refer to Chapter 2, Article 6, Division
    1, Figure 2-1, for a diagram related to this definition.
 (195)   YARD, PRI VATE: An open space within a residential lot, unoccupied
    and unobstructed by any portion of a structure other than a porch.
 (196)    YARD, REAR: The open space (unoccupied and unobstructed except for
    accessory buildings or dwellings) located behind the rear building line of the
    principal building(s), calculated as the minimum horizontal distance between
    the rear property line and the rear building line of the principal building(s).



                    City of Abilene, Texas   Page 5- 49
Land Development Code      Chapter 5: Definitions   Article 1: Definitions


   Refer to Chapter 2, Article 6, Division 1, Figure 2-1, for a diagram related to
   this definition.
(197)     YARD, SI DE: The open (unoccupied, unobstructed) space located on
   either side of the principal building(s), calculated as the minimum horizontal
   distance between the side property line and the side building line of the
   principal building(s). Any lot line which is not a front or rear lot line is a side
   lot line. Where a lot has only three (3) lot lines, those lot lines which do not
   front upon a street shall be deemed side lot lines. Refer to Chapter 2, Article
   6, Division 1, Figure 2-1, for a diagram related to this definition.


                                                                Ge ne r a l D e f init ions - Z
(198)    ZONI NG DI STRI CT: A classification within which the regulations
   specified are uniform and which is assigned to a particular area of the City by
   delineation upon the Zoning District Map, which is a part of this LDC.
(199)    ZONI NG DI STRI CT MAP: The officially certified map or maps, on
   which the boundaries of the various zoning districts are shown, and which are
   an integral part of the zoning regulations of this LDC.




                   City of Abilene, Texas   Page 5- 50

				
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