9.101 Defined Terms

ACCESS EASEMENT, PRIVATE COMMON:  An area created by plat or separate instrument filed with the office of the County Clerk other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of providing free passage of vehicles.

ACCESSORY BUILDING, HABITABLE: A subordinate building on the same premises as a principal building for exclusive use for accessory uses as defined in “Accessory Uses”, containing habitable space for living, sleeping, or eating.

ACCESSORY BUILDING, NON-HABITABLE: A subordinate building on the same premises with a principal building for exclusive use for accessory uses as defined in “Accessory Uses”, including but not limited to, private workshops and storage sheds located on residential lots.

ACCESSORY USE: A use which is clearly incidental to the use of the principal building or the primary use of the property and which is located on the same premises as the primary use.

ACHROMATIC:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, achromatic is colorless or lacking in saturation or hue.  The term includes, but is not limited to, grays, tans, and earth tones.  The term does not include black or any bold coloration that attracts attention.

ADULT ARCADE: Any place to which the public is permitted or invited wherein coin-operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” or “specified anatomical areas” as defined herein.

ADULT BOOKSTORE and ADULT VIDEO STORE: A commercial establishment that as one of its principal business operations offers for sale or rental for any form of consideration one (1) or more of the following:

  1. books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” or “specified anatomical areas”; or
  2. instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities” or “simulated nudity”.  This does not include items used for conception control or for protection from sexually transmitted diseases.

ADULT ENTERTAINMENT CABARET: A nightclub, bar, lounge, or similar commercial establishment that provides or features to customers live performances by employees or entertainment personnel which are distinguished or characterized by any one or more of the following:

  1. an emphasis on the exposure of “specified anatomical areas”; or
  2. an emphasis on “specified sexual activities”; or
  3. an emphasis on “nudity”, “state of nudity” or “simulated nudity”; or
  4. a combination of any of the above.

ADULT MOTEL: A hotel, motel or similar commercial establishment which rents or otherwise permits a room to be occupied in exchange for any form of consideration,that:

  1. offers accommodations to the public, tenant or occupier of the room for any television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” and/or “specified anatomical areas”; and has a sign visible from the public right-of-way or otherwise advertises the availability of this type of adult accommodations; or
  2. offers a sleeping room(s) for rent for a period of time that is less than ten (10)hours; or
  3. allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

ADULT MOTION PICTURE THEATER: A commercial establishment which regularly features non-live performances or entertainment such as films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing “specified sexual activities” and/or “specified anatomical areas”.

ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or features live performances which are distinguished or characterized by an emphasis on the exposure of “specified anatomical areas” or by an emphasis on “specified sexual activities”.

ADVERTISED COMMERCIAL AREA.  That portion of a sign used or intended to be used to convey information or to attract attention to the subject matter of such sign.

ALLEY: A right-of-way that affords only a secondary means of access to adjacent property.

ANTENNA:  Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, excluding satellite dish antennas and antennas accessory to residential uses. Antennas ancillary to residential uses shall mean television antennas and amateur radio equipment not used for commercial purposes, including ham radio and CB equipment.

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

APPLICANT:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "applicant" is:

A person in whose name a Specialized Certificate of Occupancy to operate a sexually oriented business will be issued.

Each individual who signs an application for a sexually oriented business as required by this section;

Each individual who is an officer of a sexually oriented business for which a Specialized Certificate of Occupancy application is made, regardless of whether the individual's name or signature appears on the application;

Each individual who has a 20 percent or greater ownership interest in a sexually oriented business for which a Specialized Certificate of Occupancy application is made, regardless of whether the individual's name appears on the application; and

Each individual who exercises substantial de facto control over a sexually oriented business for which a Specialized Certificate of Occupancy application is made, regardless of whether the individual's name or signature appears on the application.

ARCHEOLOGY:  The science or study of the material remains of past life or activities and physical site, location or context in which they are found, as delineated in the Department of the Interior’s Archaeological Resources Protection Act of 1979.

ASSESSED VALUE:  For the purpose of Chapter 4, Article 5, Historic Preservation Overlay Districts, the value of the structure and land necessary for access to and use of the structure as determined by the appropriate appraisal district in accordance with the Texas Tax Code.

ASSISTED LIVING FACILITY: A facility providing responsible adult supervision of or assistance with routine living functions of an individual in instances where the individual’s condition necessitates that supervision or assistance.

AUTOMOBILE:  All passenger cars, as well as light-duty trucks, vans and sport utility vehicles.

AUTOMOBILE SALES AREA: An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars or sale or keeping of used car parts or junk on the premises is allowed.

BASEMENT: A story below the first story as hereinafter defined. See also “Story.”

BED AND BREAKFAST HOME: A property with an existing structure as of December 1, 1993, that is designed for and occupied as a one-family residence providing overnight accommodations to transient guests.  The structure serves as the primary residence or homestead of its owner-operator with the Bed and Breakfast Home considered to be an accessory use and not the primary use of the property.  The person who owns the property must also be the operator of the establishment.

BED AND BREAKFAST INN:  A property providing overnight accommodations to guests operated by an owner and/or operator, with premises being a commercial enterprise. This term excludes any Bed and Breakfast Home.

BIORETENTION AREA:  Structural storm water areas, including dry and wet swales, which capture and treat runoff using soils and vegetation in shallow basins or landscaped areas.

BLOCK: A piece or parcel of land entirely surrounded by highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Director of Public Works shall determine the outline of the block.

BOARDING HOUSE OR LODGING HOUSE: A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

BUILDING: A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels.

BUILDING, HEIGHT OF: See ‘6.100 Height’.

BUILDING PERMIT: Authorization given by the City of Fort Worth to erect, construct, renovate, maintain, or conduct any other specified activity on any building or structure, or on any installations or facilities therein. The term “building permit” shall include but not be limited to building permits, electrical permits, mechanical permits, and plumbing permits.

CALIPER: The diameter of a tree, measured at a point six (6) inches above the ground line if the resulting measurement is no more than four (4) inches, the measurement is made at a point twelve (12) inches above the ground line.

CAMPUS DEVELOPMENT: A campus development is defined as a unified group of buildings and/or facilities located on a contiguous parcel(s) and operated by a single entity, such as a religious institution, school, or hospital.

CARE FACILITY: An institutional use of a building or property whereby a publicly or privately funded program enables persons to receive medical, psychological, emotional or other rehabilitative care as an out-patient or live-in patient.  This definition does not include those institutional uses provided for elsewhere in this Ordinance, nor does it include foster care programs or Community Homes.

CARPORT, PRIVATE:  An accessory open-sided detached building/structure on the same lot, used for the shelter or storage of occupant owned motor vehicles as an accessory use only.

CERTIFICATE OF APPROPRIATENESS: For the purposes of Chapter 4, Article 5, Historic Preservation Overlay Districts, a signed and dated document evidencing the approval of the Historic and Cultural Landmarks Commission for work proposed by an owner or applicant.

CHIEF OF POLICE OR CHIEF:  The Chief of the Fort Worth Police Department or a designee or any employee(s) of the police department assigned by him to perform the duties prescribed in this Article.

CITY ENFORCEMENT PERSONNEL: An authorized representative of any of the following departments or divisions:

  1. Department of Planning and Development
  2. Code Compliance
  3. Health Department
  4. Fire Department
  5. Police Department
  6. Marshal's office.

CITY FORESTER:  For the purpose of tree preservation, that person or persons designated by the Director of Planning and Development to provide administrative review and approval of Urban Forestry Plans/Permits (Urban Forestry Compliance Section).

CIVIC CLUB: See “Lodge”.

CLINIC: Offices for one or more health practitioners engaged in treating the sick or injured on an outpatient basis.

CLUSTER SUBDIVISION: A grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land area than required for isolated individual lots, with the additional area in the cluster subdivision being devoted to open space, recreation space, car spaces and access facilities in addition to required yards.

CO-LOCATION:  Placement of an antenna on an existing Telecommunication Tower, Stealth Telecommunication Tower, transmission tower, building, light or utility pole or water tower or other structure, where the antenna are located on the existing structure.

COMMERCIAL COPY: A message displayed on a sign which relates solely to the economic interests of the advertiser and its audience; a message pertaining to price and product advertising, goods and services.

COMMERCIAL/INSTITUTIONAL USE: For the purpose of the landscape provisions of Section 6.301, the following uses are considered to be commercial/ institutional:

  1. Any use allowed by right in the commercial districts, including public and private schools and places of worship;
  2. Private recreation facilities in manufactured housing subdivisions in the “MH” District;
  3. Principal and special exception uses in the “CF” District; and
  4. The following uses, which are permitted only in “PD” Districts: halfway houses, gambling facilities or other operations featuring games of chance (including bingo parlors), and horse, dog, and automotive racing.

Uses subject to the Unified Residential Development provisions set out in Section 6.506 are not included.

COMMERCIAL PRINT CENTER: A commercial establishment open to the general public that is primarily involved in the electronic duplication of graphic and printed materials for personal or business use, and which also provides other products and services including, but not limited to: photocopying, electrostatic printing, laser printing, word processing services, computer generated graphics, computer aided design services, video imaging and reproduction services, on-site computer rental, and on-site teleconferencing. Offset printing, or similar printing processes, shall not be permitted.

COMMERCIALLY MANUFACTURED VEHICLE:  A mobile vending unit originally manufactured as a mobile food vehicle to be used for the preparation of food which was manufactured by a person regularly in the business of manufacturing mobile food vehicles for sale.  Commercially manufactured shall not include any vehicle that is converted or retrofitted to be a mobile food vehicle.

COMMERCIAL MULTI-UNIT CENTER:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "commercial multi-unit center" is a building or structure (including a shopping mall or strip shopping center) containing three (3) or more separate premises, each of which is offered by lease or otherwise for separate occupancy or control and each of which occupies an enclosed area having its own door or entranceway opening onto public property, a public way or a common area.

COMMUNITY CENTER: A building dedicated to social or recreational activities, serving the City or a neighborhood and owned and operated by the City of Fort Worth, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the City.

COMMUNITY HOME:  A community-based residential home containing not more than eight disabled persons and two non-resident supervisory personnel and which otherwise meets the requirements of the Community Homes for Disabled Persons Location Act, Chapter 123.001, Texas Human Resources Code.

CONVICTION:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "conviction" is a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.  "Conviction" includes disposition of charges against a person by probation.

COOKING EQUIPMENT:  A stove, range or other such appliances, which requires a 220V or gas connection that is used, designed, or intended to be used for the cook and preparing of food.

COURTYARD:  An open unoccupied space other than a yard, on the same lot with a building and which is bounded on three or more sides by the building.

CUSTOMER:  For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, a “customer” is any person who:

  1. enters the premises and patronizes a sexually oriented business, whether or not in exchange for the payment of an admission fee or any other form of consideration, gratuity or as a guest of a member; or
  2. purchases, rents, otherwise partakes of any sexually oriented merchandise, goods, entertainment or other services while on the premises.

CRITICAL ROOT ZONE:  Area around the trunk of the tree that is equal to a radius of one (1) foot per inch diameter measured at breast height (DBH) - four and one-half (4.5) feet.

DAYCARE CENTER: A facility that provides non-medical care and supervision for more than six children, elderly persons or persons with physical and/or mental disabilities.  This definition does not include those uses defined as a Community Home.

DEMOLITION:  For the purpose of Chapter 4, Article 5, Historic Preservation Overlay Districts, an act or process which destroys a site or structure in its entirety, or which destroys a part of a site or structure and permanently impairs its structural, historic or architectural integrity.

DEVELOPMENT PLAN: For the purposes of Chapter 4, Section 4.202, Manufactured Home ("MH") District, a graphic representation, drawn to scale, in a horizontal plane, delineating the outline of land included in the plan and all proposed use locations, with accurate dimensions indicating the relation of each use to that adjoining and to the boundary of the property.

DIAMETER AT BREAST HEIGHT OF AN EXISTING TREE (DBH):  That measurement of the size/diameter of a tree as determined by measuring at four and one-half feet (4.5') above the soil level.  For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus half one-half (1/2) the diameter of each additional trunk.

DISMANTLED VEHICLE:  A vehicle that has, intentionally or unintentionally, one or more significant parts removed.  A significant part is any part that is need to safely operate the vehicle, including but not limited to, a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel or transmission.  A vehicle can be considered dismantled under this definition whether or not it is in an operative condition.

DISPLAY AREA/FACE: That area made available by a sign structure for the purpose of displaying an advertising message, such area to exclude nonstructural trim.

DISRUPTIVE ACTIVITY: Any permanent change to existing surface conditions including clearing, grading, trenching, boring, and similar activities. Disruptive activity will NOT include normal mowing or removal of trees less than six inches in diameter.

DRIVE-IN RESTAURANT OR BUSINESS:  A restaurant or business that provides car service and/or a drive-through window, either exclusively or in conjunction with walk-in service.

DRIVEWAY:  Any hard surface parking area that provides access to private property from the right-of-way to the required off site parking behind the building line.  A residential driveway may consist of compacted gravel base confined by a border.

DRY SWALE: A system that consists of an open conveyance channel with a filter bed of permeable soils that overlay an under drain system. Flow passes into and is detained in the main portion of the channel where it is filtered through the soil bed. Runoff is collected by a perforated pipe and gravel under drain system to the outlet.

DWELLING, MULTIFAMILY:  One or more buildings containing or aggregating three or more one-family dwelling units.

DWELLING, ONE-FAMILY:  A building designed exclusively for residential occupancy by not more than one family.

DWELLING, TWO-FAMILY:  A building designed exclusively for residential occupancy by two families.

DWELLING UNIT:  A building, or any portion thereof, containing a complete set of independent living facilities for occupancy and use by one family, including permanent provisions for living, sleeping, eating, sanitation and cooking within a kitchen for the exclusive use of the occupants whose intent is to habitat the dwelling unit.

DWELLING UNIT, ACCESSORY:  Non-rented or leased living facilities within a detached building located on the same lot, parcel or tract of the primary dwelling unit for use or occupancy by temporary guests or a member of the family of the main dwelling unit, which does not contain cooking equipment.

ELEMENT, NON-ESSENTIAL:  For the purpose of Chapter 4, Article 5, Historic Preservation Overlay Districts, a structure or property which, though within the boundaries of an Historic and Cultural Landmarks District or located on land necessary for access to and use of a structure designated as Highly Significant Endangered or Historic and Cultural Landmark, lacks the basic characteristics of an historic property, could be demolished or relocated with little or no consequence to the historical, cultural, architectural or archeological character of such district or property and which is classified as a Non-Essential Element in the design guidelines for such property.

EMERGENCY ACCESS EASEMENT: An area created by plat or separate instrument filed with the office of the County Clerk other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of providing free passage of service and emergency vehicles.

EMPLOYEE:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "employee" is any person who renders any service whatsoever to the customers of a sexually oriented business or who works on the premises of a sexually oriented business that receives any form of compensation, including tips or gratuities, from the operator, manager, customers, other employees or entertainment personnel, and in exchange therefore:

  1. renders any work, service, performance or exhibition whatsoever, directly or indirectly, to or for a customer; or
  2. renders any other support service whatsoever, directly or indirectly, for or on behalf of the furtherance of the business operations; and
  3. "Employee" includes, include but is not necessarily limited to bartenders, cashiers, dancers, disc jockeys, escorts, hosts, hostesses, models, masseurs, outcall persons, strippers, waiters, waitresses, or other persons working on or about the premises.

EMPLOYMENT CENTER:  For the purposes of Section 4.305, an employment center is a distinct cluster of economic activities that employ at least 30,000 people, have interrelated or complementary land uses and can be identified by distinct geographic boundaries. Employment centers may include one large employer or a conglomeration of employers.

ENDANGERED:  For the purpose of Chapter 4, Article 5, Historic Preservation Overlay Districts, threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources and/or impending demolition.

ENTERTAINMENT:  For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, any variety of live or non-live performances or exhibitions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or engaging in “specified sexual activities” or while exposing “specified anatomical areas”, or which provide sexual gratification or sexual stimulation to customers.

ENTERTAINMENT PERSONNEL: For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, any person, including persons traditionally regarded as “independent contractors”, who receives any form of compensation, including tips or gratuities, from the operator, customers, employees or other entertainment personnel and in exchange therefore:

  1. renders any live entertainment, service, performance or exhibition whatsoever, directly or indirectly, to or for a customer or the furtherance of the business operation; and
  2. shall include but is not necessarily limited to bartenders, cashiers, dancers, disc jockeys, escorts, hosts, hostesses, models, masseurs, outcall persons, strippers, waiters, waitresses, or other persons working on or about the premises.

ESCORT:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "escort" is a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "escort agency" is a commercial venture that furnishes, or offers to furnish, or advertises to furnish escorts for a fee, commission, tip or other consideration

ESTABLISHMENT:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "establishment" is:

  1. The opening or commencement of any sexually oriented business as a new business;
  2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
  3. The addition of any sexually oriented business to any other existing sexually oriented business; or
  4. The relocation of any sexually oriented business.

EXTERIOR ARCHITECTURAL FEATURE:  The architectural style, design, general arrangement and components of all of the outer surfaces of a building or structure, as distinguished from the interior surfaces enclosed by such outer surfaces. Such exterior architectural feature shall include, by way of example but not by limitation, the kind, color, texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building or structure.

EXTERIOR PORTION:  For the purpose of Chapter 5, Article 2, Sexually Oriented Business, "exterior portion" is any part of the physical structure of an enterprise, including, but not limited to, a wall, veneer, door, fence, roof, roof covering or window, which is visible from any public way or public property.

FAMILY:  Any individual or two or more persons related by blood, adoption or marriage or not more than five unrelated persons living and cooking as a single housekeeping unit or home and expressly excluding lodging, boarding or fraternity houses.

FEEDING PEN, ACCESSORY:  An area used for feeding of livestock as an accessory use only to farming and ranching activities.

FEEDING PEN, COMMERCIAL:  An area where livestock are confined and are fed in any quantity or in any manner other than grazing on growing herbage, for any purpose other than as a normal accessory use to farming and ranching activities. Pasturing of livestock on growing herbage, including rental of grazing land for pasturing, shall not be considered as a commercial feeding pen use.

FLOOD:  A general and temporary condition of partial or complete inundation, by water or mud, of lands not normally inundated and that are used or usable by man.

FLOOD, FIFTY-YEAR:  A flood having an average frequency of occurrence of once in 50 years although such flood may occur in any year. A fifty-year flood is determined by statistical analysis of stream flow records, and rainfall and run-off characteristics in the watershed.

FLOOD, INTERMEDIATE REGIONAL:  A flood having an average frequency of occurrence of once in 100 years although such flood may occur in any year. An Intermediate Regional Flood is determined by statistical analysis of stream flow records, and rainfall and run-off characteristics in the watershed.

FLOOD PLAIN:  Land which has a history of flood or is subject to recurrent flooding as determined by the City of Fort Worth Public Works Department.

FLOOR AREA:  The sum total of the area of all buildings on the Unified Residential Development site excluding utility rooms and mechanical rooms, measured between the outer perimeter walls of the buildings, provided that space in a building or structure used for parking of motor vehicles shall not be computed in the floor area. Courtyards or balconies open to the sky and roofs which are utilized for recreation, etc., shall not be counted in the floor area but shall be a part of the recreational space.

FRATERNITY OR SORORITY HOUSE: A building containing the general facilities and sleeping rooms for members of a fraternity or sorority.

FRESH WATER FRACTURE POND:  Means a pit used for the collection and storage of fresh water for the purpose of fracture stimulation of gas wells.

FOOD, NON-POTENTIALLY HAZARDOUS:  Food products that are not potentially hazardous, such as popcorn, pretzels, and nuts, and as further defined in Chapter 16, “Health and Sanitation” of the City Code of the City of Fort Worth.

FOOD, POTENTIALLY HAZARDOUS:  Natural or synthetic food products that require temperature control as further defined in Chapter 16, “Health and Sanitation” of the City Code of the City of Fort Worth.

FRONTAGE: All the property adjacent to one side of a street between two intersecting streets, measured along the street line.

GARAGE, PRIVATE: Space in a principal building, or in an accessory building or on the same lot, used for the shelter or storage of occupant owned motor vehicles as an accessory use only.

GARAGE, PUBLIC: A building other than a private or storage garage used for the care or repair of self-propelled vehicles or where such vehicles are kept for remuneration, hire or sale.

GARAGE, STORAGE: A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.

GARAGE, TERRACE:  A private garage placed in front of the building line due to the steep topography of the lot.

GROSS FLOOR AREA: For any building shall be measured by taking the outside dimensions of the building at each floor level, except that portion of the basement used only for utilities or storage, and any areas within the building used for off-street parking.

GROUP HOME I: A family based facility which contains not more than 15 residents and three supervisory personnel and which provides 24-hour care in a protected living arrangement for the mentally and/or physically impaired, developmentally disabled, or victims of abuse or neglect. This classification includes congregate living facilities for the elderly, maternity homes, emergency shelters during crisis intervention for victims of crime, abuse or neglect, and residential services licensed by the Texas Commission on Alcohol and Drug Abuse, but not primarily for criminal rehabilitation.

GROUP HOME II: Same definition as Group Home I except that there is no limit on number of residents.

HALFWAY HOUSE: A facility providing for the housing and rehabilitation or training of adults on probation, parole, early or pre-release or any other form of executive, judicial or administrative release from a penal institution, including without limitation community residential facilities established in accordance with Tex. Code Crim. Pro. Ann. art. 42.18, as amended from time to time. “Halfway house” includes facilities which provide in-patient treatment for chemical dependency to persons on probation, parole, early or pre-release or any other form of executive, judicial or administrative release from a penal institution if such persons are ordered to obtain such treatment for chemical dependency as a condition of release. For purposes of this definition, an adult is a person age 18 or over.

HARD-SURFACE (PARKING):  Any porous or non porous surface suitable for the function of driving and parking of vehicles; non porous surfaces are typically asphalt and concrete.

HIGHWAY I-30 AND/OR I-35:  For the purpose of Chapter 5, Article 2, Sexually Oriented Business, Highway I-35 and/or I 30 shall mean any property located within 300 feet of the right of way line of the prospective interstate highway.  Measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the right-of-way line of the highway to the nearest property line of the property sought to be used, or used, as a sexually oriented business.

HISTORICALLY SIGNIFICANT SITE IN NEED OF TAX RELIEF:  For the purpose of Chapter 4, Article 5, Historic Preservation Overlay Districts, a structure, together with the land necessary for access to and use of the structure, which meets one of the following qualifications: (1) It has been designated Highly Significant Endangered; or (2) It has been designated Historic and Cultural Landmark or is located in an Historic and Cultural Landmarks District, and a project for substantial rehabilitation of the structure has been approved by the City Council.

HOBBY:  An accessory use carried on by the occupant of the premises in a shop, studio or other workroom, purely for personal enjoyment, amusement or recreation; provided that the articles produced or constructed in said shop, studio, or workroom are not sold either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

HOME OCCUPATION:  An accessory use of a dwelling unit for gainful employment that is conducted by a member of the family residing in the dwelling which is clearly customary, incidental and a subordinate secondary use of the dwelling unit as a residence and does not alter the exterior of the property or affect the residential character of the neighborhood.

HOME SCHOOL:  A private school as defined in the Texas Education Code, Section 21.033, which is taught by a parent or parents, legal guardian or other designated adult member of the household in which the student resides.

HOSPICE: Temporary residence for patients and their families receiving medical or psychological care from licensed institution. May include family counseling, group therapy, psychiatric treatment and training of family members by authorized practitioners in the provision of a caring environment for supplying the physical and emotional needs of the ill and their families.

HOSPITAL, GENERAL:  An institution providing in-patient medical or surgical care for the acutely sick or injured, who are generally confined for relatively short periods of time. Included as an integral part of the institutions are such related facilities as laboratories, outpatient departments, educational facilities, food services and staff offices.

HOSPITAL, LONG-TERM:  An institution providing in-patient medical treatment of an intensive and specialized nature for the chronically ill, who are generally confined for periods of time exceeding 30 days. Long-term hospitals include homes for alcoholic, narcotic, or psychiatric patients, and institutions for patients with a contagious disease, such as tuberculosis sanitariums. 

HOTEL: One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. This definition shall include hotels, extended stay hotels, motels and inns.

INDOOR RECREATION:  A privately established and operated facility that provides indoor recreational opportunities for a fee, including, but not limited to, roller, ice skating, and hockey rinks; batting cages, gymnasium or indoor arena, basketball, handball, and tennis courts, but not for any use involving animals.

INDUSTRIAL USE:  For the purpose of the landscape provisions of Section 6.301, industrial use includes: (1) Any use allowed by right in the industrial districts, with the exception of commercial/institutional uses, as defined in this Chapter; and (2) all uses permitted only in a “PD” Planned Development District with the exception of halfway houses, gambling facilities or other operations featuring games of chance (including bingo parlors), and horse, dog, and automotive racing.

INFILL HOUSING: Any detached single family dwelling developed, reconstructed or enlarged by more than 50% of the original structure five (5) years or more following final plat of the property.

KENNEL: Kennel shall mean:

  1. Any building, lot or premises where four or more dogs or cats (at least eight weeks of age) are kept. This shall not include residentially zoned premises or premises which are used for residential purposes, at which the occupant is keeping his or her own dogs or cats; or
  2. Any building, lot, or premises where dogs or cats are kept or housed, for which remuneration is received.

KINDERGARTEN:  A facility providing educational care for pre-school age children.  See Day Care Center.

KITCHEN:  Any room or portion of a room containing cooking equipment and facilities for the refrigeration, preparation, cooking of food, and washing of cooking and eating utensils and used or intend or designed for cooking and preparing food.  The installation of a 220V or gas connection in any room or portion of a room that is used or intended to be used as cooking equipment for the preparation of food shall be considered a kitchen.

LARGE ANIMALS: For purposes of Section 5.307, “Large Animals” shall be any equine animal including, but not limited to, a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, any species of the bovine family; including but not limited to any cow, calf, steer or bull, any llama, sheep, ram, ewe, lamb; any goat, billy, nanny, or kid; or an emu, ostrich, or rhea.

LANDMARK:  For the purpose of Chapter 4, Article 5, Historic Preservation Overlay Districts, a structure or property which is of value in preserving the historical, cultural, architectural or archeological heritage, or an outstanding example of design or a site closely related to an important personage, act or event in history.  Such structures or property should be preserved and restored to their historical character and should be protected from modifications which detract from their historical significance.

LANDSCAPE AREA:   Area of required landscaping provided in conformance with Chapter 6, Article 3.

LANDSCAPE PLAN: A plan illustrating bufferyard features and landscaping required per Chapter 6, Article 3 of the Zoning Ordinance, and to illustrate trees along arterial streets required per Chapter 6, Article III.B. of the Subdivision Ordinance. Buffer yards are required along common property lines of one- or two-family districts adjacent to nonresidential districts for which certain trees may be credited. In addition, landscape plans are required for commercial, industrial, and manufactured home uses to include shrubs and sod (all references to trees have been removed from the landscaping requirements per Ordinance No. 17367). Trees are required along arterial streets for residential subdivisions of three lots or more.

LIFT COMPRESSOR: Means a device that raises the pressure of a compressible fluid (gas) in order to lift gas from the well.

LINE COMPRESSOR: Means a device that raises the pressure of a compressible fluid (gas) in order for the gas to be transported through a pipeline.

LODGE: An association of persons meeting regularly for their mutual benefit or for the promotion of some common purpose, supported jointly through payment of membership dues, all members having the right to vote on club policies and business.

LOT:   Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this Ordinance, and having its principal frontage upon a street or officially approved place.

LOT, ARTIFICIAL:  For the purposes of Section 6.301B, portion of a one acre or larger tract that contains the area to be developed as an individual project and that encompasses all improvements, including parking, related to the project.

LOT, CORNER:  A lot situated at the junction of two or more streets.

LOT COVERAGE: The total area covered by the foundation of the main structure, attached and detached garages, accessory detached habitable areas, porches, patios and entry areas compared to the total site area. Any portion of the foundation not covered by roof is not considered in lot area calculations. Sheds, arbors, cantilevered (unsupported) upper story areas, eave overhangs and uncovered patios are not considered in lot coverage calculations.

LOT DEPTH:  The average horizontal distance from the front street line to the rear line.

LOT, INTERIOR:  A lot, the side line of which does not abut on any street.

LOTLINES:  The lines bounding a lot as defined herein.

LOT OF RECORD:  A lot which is part of a subdivision, a plat of which has been recorded in the office of the County Clerk.

LOT, THROUGH:  A lot, other than a corner lot, having frontage on two or more streets.

LOT WIDTH:  The mean horizontal distance between side lines measured at right angles to the depth.


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LOT MANUFACTURED HOME: A plot of land within a manufactured home park or recreational vehicle park as indicated on the development plan, which is designated to accommodate one (1) manufactured home or recreational vehicle respectively.

MANUFACTURED HOME or MANUFACTURED HOUSING: Includes the terms HUD-Code manufactured home and mobile home, and collectively means and refers to both.

MANUFACTURED HOME, HUD-CODE: A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.  The term does not include a recreational vehicle as that term is defined by 24 CFR § 3282.8(g).

MANUFACTURED HOME PARK: A unified development of lots arranged on a tract of land under common ownership, which has been planned and improved for the placement of two or more manufactured homes for non-transient occupancy. For purposes of this definition only, a “lot” means a plot of ground within a manufactured home park which is designed to accommodate one manufactured home.

MANUFACTURED HOME USE: For the purpose of the landscape provisions set out in Chapter 6, Article 3, manufactured home use shall include manufactured home parks and recreational vehicle parks allowed by right in the “MH” Manufactured Home District.

MANUFACTURED HOME SUBDIVISION:  A unified development of lots for the placement of one manufactured home per platted lot for non-transient occupancy, established for the purpose of having individually owned lots.

MASSAGE. Any method by which a person utilizes his or her hands, feet or an instrument for treating the superficial parts of a customer’s body for medical, hygienic, exercise, entertainment, relaxation, or stimulation purposes by rubbing, stroking, kneading, tapping, pounding or vibrating.

MASSAGE PARLOR PARLOR/BATH:  Any commercial business, unrelated to a sexually oriented business operation, which provides massage treatment of a non-sexual nature by a licensed masseuse as a primary service.

MASSAGE THERAPY/SPA:  Any medical or therapeutic practice unrelated to a sexually oriented business operation, operated by or employing licensed psychologist, physicians, physical therapists, registered nurses, chiropractors, licensed practitioners or athletic trainers engaged in the practice of healing arts and the treatment of disease, ailments and disorders of the body.

MINIMUM BUILDING STANDARD CODE: That article of the City Code so designated.

MIXED USE: Structure or project containing residential and nonresidential uses.

MOBILE HOME: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. 

MOBILE VENDING UNIT:  A vehicle establishment that is designed to be readily moveable and from which merchandise is sold or food is sold or served.  The term includes, but is not limited to, a commercially manufactured vehicle.

MOTOR VEHICLE JUNK YARD OR STORAGE YARD:  Any business and any place of storage or deposit which displays, or in or upon which there are displayed, to view from a public right-of-way, two or more registered or unregistered motor vehicles which are unfit for reconditioning for use on the public highways, or used parts of motor vehicles, or old iron, metal, glass, paper, cordage, or other waste, or discarded or secondhand material which has been a part or intended to be a part of any motor vehicle, the sum of which parts  or material shall be equal in bulk to two or more motor vehicles, but excluding vehicles in operable condition specially adapted or constructed for racing or operation on privately owned drag strips or raceways, vehicles retained by the owner for antique collection  purposes rather than for salvage or for transportation, and vehicles stored as the property of a member of the armed forces of the United States who is on active duty assignment outside the continental and territorial limits of the United States.

MULTIFAMILY DISTRICT: The term multifamily district shall refer collectively to the “CR, “C”, “D”, “DHR1” and “DHR2” Districts. The term also includes any “PD” Districts that include multifamily uses.

NEIGHBORHOOD RECREATION CENTER: A privately established and operated facility located in a residential subdivision that provides recreational opportunities for residents of the subdivision and their guests.

NET LAND AREA: For the purposes of Section 6.506, all of the privately owned property embraced within the outer perimeter property lines, not including dedicated public streets. Dedicated rights-of-way for open space, drainage or access, approved private streets or dedicated easements which can be used by the land occupants for private purposes shall be included in Net Land Area. Where land is dedicated for future opening or widening of a public street such land shall not be computed as Net Land Area.

NET SITE AREA:  For the purposes of Chapter 6, Article 3, Landscaping and Buffers, the area used to calculate landscape requirements. This area is calculated as follows:

  1. For undeveloped sites:  All areas of a site except: (1) the footprint of proposed buildings and other proposed structures; and (2) any bufferyard areas required by Chapter 6, Article 3. 
  2. For developed sites: All areas of a site except: (1) the footprint of existing buildings and structures; (2) the footprint of proposed buildings and structures;  (3) existing parking lots not in excess of 10 percent over the number of required parking spaces and paved access areas; and (4) any bufferyard areas required by Chapter 6, Article 3. 

NON-ADVERTISED MESSAGE AREA. That portion of a sign not used or intended to be used to display commercial copy, convey information or to attract attention to the subject matter of such sign.

NONCOMMERCIAL COPY:  A message displayed on a sign that pertains to political, social or ideological issues.

NONCONFORMING USE, BUILDING OR YARD:  A use, building or yard that does not (by reason of design, use or dimensions) conform to the regulations that apply in the district where the use, building or yard is situated.  These uses, buildings or yards were legally in existence at the time the ordinance was passed to make them nonconforming.  A use, building or yard established after the passage of an ordinance that does not conform to the ordinance regulations of the district in which it is situated shall be considered to be illegal.

NONRESIDENTIAL DISTRICT:  The term nonresidential district shall refer collectively to the districts listed in Sections 4.100C and 4.100D, as well as the “EP”, “OM”, and “IP” Districts.

NOXIOUS:  An element creating an impact that may interfere with the enjoyment and use of property, including smoke, odors, noise, vibration, glare or heat.

NUDE MODELING BUSINESS:  Any establishment where an employee or entertainment personnel performs a massage or “specified sexual activities” while appearing in a “state of nudity”, “simulated nudity” or while displaying “specified anatomical areas”, and is also provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted to customers.

NUDE MODELING STUDIO: Any establishment where an employee or entertainment personnel appears in a “state of nudity”, “simulated nudity” or displays “specified anatomical areas”, and is also provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted to customers.

NUDITY or A STATE OF NUDITY:  Appearing while any of the following portions of the human body are less than completely and opaquely covered:

  1. genitals, whether or not in a state of sexual arousal; or
  2. pubic region or pubic hair; or
  3. buttock(s); or
  4. the portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s); or
  5. any combination of the above.

NUDITY, SIMULATED:  A state of dress in which any artificial device of covering is worn on a person and exposed to view so as to simulate an actual “state of nudity”.

NURSING AND CARE HOME:  An institution providing meals and resident care and services for persons who are generally admitted for periods of time exceeding 30 days. Such service includes custodial or attendant care, and may or may not provide for routine and regular medical and nursing services. Nursing and care homes include homes for the aged, and convalescent and rest homes.

OFF-STREET:  Off the right-of-way of a street or place.

ONE- AND TWO-FAMILY DISTRICTS:  Collectively, the “A-2.5A”, “A-43”, “A-21”, “A-10”, “A-7.5”, “A-5”, “AR”, “B”, “R1”, and “R2” Districts.

OPEN SPACE: For the purposes of calculating open space for Unified Residential Developments in accordance with Section 6.506, the net land area minus all building footprints, parking areas, access drives and fenced patios. Open space must be open to the sky and cannot be paved, except for necessary sidewalks, active recreation areas and patios that are adjacent to dwelling units and not enclosed by a fence.

OPERATED OR CAUSED TO BE OPERATED:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "operated or caused to be operated" is to cause to function or to put or keep in operation.  A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or operator of the business.

OPERATOR:  For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses:

  1. the person(s) in whose name a valid Specialized Certificate of Occupancy has been issued for a sexually oriented business pursuant to the city's comprehensive zoning ordinance, Appendix A of this Code; or
  2. Each individual listed as an applicant on the application for a sexually oriented business Specialized Certificate of Occupancy; or
  3. Each individual who is an officer of a sexually oriented business for which a Specialized Certificate of Occupancy has been issued, regardless of whether the individual's name or signature appears on the application; or
  4. Each individual who has a twenty (20) percent or greater ownership interest in a sexually oriented business for which a Specialized Certificate of Occupancy has been issued, regardless of whether the individual's name appears on the application; or
  5. Each individual who exercises substantial de facto control over a sexually oriented business for which a Specialized Certificate of Occupancy has been issued , regardless of whether the individual's name or signature appears on the application; or
  6. The person(s) in whose a name a specialized certificate would be required in order to lawfully operate a sexually oriented business pursuant to the city's comprehensive zoning ordinance, Appendix A of this Code; or
  7. Any individual who is in control of the operations of a Sexually Oriented Business, either on an hourly bases, daily basis, weekly basis or shift basis or any combination thereof; or
  8. The person(s) who operates or causes to be operated any form of sexually oriented business, which is subject to regulation pursuant to the City's Comprehensive Zoning Ordinance.

OUTDOOR STORAGE:  Outdoor storage of any inert material or goods that would not be a nuisance or offensive due to odor, fire, health or other restriction of City Code, and excluding trash, junk, garbage, salvaged waste or materials.

OUTCALL BUSINESS:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "outcall business" is a commercial venture that provides employees or entertainment personnel who, in exchange for a fee, commission, tip or other consideration, goes to the location requested by the customer and while there:

  1. Privately models lingerie or other intimate wearing apparel; or
  2. Privately performs a strip tease; or
  3. Privately performs a semi-nude or nude modeling session; or
  4. Bathes or massages the customer;
  5. But shall not include person otherwise engaged in legitimate, non-sexually oriented activities or services such as licensed private nurses, licensed physical therapists, aides for the elderly or handicapped, social secretaries, or similar persons whose business or service relationship with their patron is not characterized by sexually oriented activities.

PARKING AREA, PUBLIC: An open area other than a street, alley or place used for the temporary parking of more than four self-propelled vehicles and available for public use whether free, for compensation or as an accommodation for clients or customers.

PARKING SPACE: A space set aside for the sole purpose of parking a vehicle on a temporary basis.

PARKING, TANDEM:  Parking spaces arranged one behind another, for example, in a driveway.

PARKWAY: The area of public right-of-way located between the curb or edge of pavement and the property line.

PASTURE LAND: For purposes of calculating the required square footage of land for each animal in Section 5.307, “Large Animals”, of Chapter 5, “Supplemental Use Standards” pasture land shall be the designated open space, excluding any residential structures and accessory structures unrelated to the keeping of large animals.

PAWN SHOP:  A shop that lends money in exchange for valuable personal property as security. This definition includes the sale of such securities after repossession and the sale of new merchandise generally found in retail stores.

PERSON: For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, any individual, proprietorship, partnership, corporation, association, or other legal entity.

PLACE OF WORSHIP:  A building in which persons regularly assemble for religious worship.

PLANT, GROUPING: A collection of native and or adapted plants united in a group.

PLANT, ADAPTED:  A plant originally found in other parts of the nation or world that thrives in the North Central Texas area.

PLANT, NATIVE: A plant that lives or grows naturally in a particular region without direct or indirect human intervention.

POROUS SURFACE (PARKING):  A parking surface constructed of materials that permit water to enter the ground by virtue of their nature or by large spaces in the material, such as pre-cast and mold in-place concrete blocks, concrete grids, interlocking bricks, and plastic mats with hollow rings, hexagonal cells or porous concrete.

PORTE COCHERE, PRIVATE:  A roofed structure located on the same lot, which extends from the roof of the principal building over an adjacent driveway that is designed to let vehicles pass from the street to an interior courtyard and used for the shelter of those getting in and out of vehicles.

PREMISES:  A single tract or platted lot.  In addition, multiple adjacent tracts or platted lots under common ownership will be deemed to be a single premises if they meet the following requirements:  (1) lots or tracts are not separated by intervening streets, alleys, utility or railroad rights-of-way or other interruption; (2) property contains a single primary use; and (3) property is not used for one- or two-family residential purposes.  Tracts or platted lots that are at cross corners or that are connected by narrow strips of land too small to serve as emergency access easements shall not be considered to be adjacent.

PRESERVED TREE:  Any healthy tree retained for the purpose of meeting the requirements under Section 6.302.

PRINCIPAL BUILDING:  A building in which the primary use of the lot on which the building is located is conducted. 

PRINCIPAL BUSINESS OPERATION: For the purposes of determining whether a business is subject to regulation pursuant to Chapter 5, Article 2, Sexually Oriented Business determining whether a business is subject to regulation, “Principal Business Operation” shall mean and include any non-live, sexually oriented retail sale or rental business activity as defined herein which amounts to 35 percent or more of the total business operation at a particular location.  The 35 percent criteria may be determined by percentages of floor space utilized, inventory of items for sale or rental, display areas, presentation time of entertainment or performances, or gross revenue of the business as measured over any continuous 90-day period.  However, the 35 percent criteria shall not apply to any sexually oriented business featuring or offering any form of live performances, entertainment, modeling or other live activity, as all such live activity is subject to regulation as a “sexually oriented business”.

PRIVATE SCHOOL: For the purposes of Chapter 5, Article 1, Home Occupations, "Private school" shall mean a non-public school facility located in a dwelling unit that provides students their primary education in math, reading, spelling, grammar, good citizenship and other academic instruction by someone other than the student's parent, legal guardian or an adult member of the household in which the student resides.

PROJECTED FRONT YARD:  See ‘6.101 Yards’ G.

PROTECTED MEASURES: Protective fencing surrounding the critical root zone and bark protection to ensure that all prohibited activities in the critical root zone are prevented, including for trees on adjacent properties. In addition, appropriate construction methods as outlined in Section 6.301.K. Of the Zoning Ordinance-Landscaping and Buffers shall be followed.

PROTECTED TREE:  Any tree listed in Table A, Section 6.302.

PUBLIC PARK:  For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, a “Public Park” is any land area dedicated to and/or maintained by the City for traditional park-like recreational purposes, but shall not include:

  1. privately-owned amusement parks; or
  2. Privately owned or privately managed golf courses.

PUBLIC OPEN SPACE EASEMENT (P.O.S.E.): See ‘5.305 Fences’.

PUBLIC PROJECT: Capital improvement project that includes a disruptive activity that will prevent the surface from being restored to its original condition. Public projects shall specifically exclude utilities regulated by the Public Utility Commission or the Railroad Commission.

RECLAMATION: The process of restoring an area affected by surface mining operations to its original or other substantially beneficial condition considering past and possible future uses of the area and the surrounding topography.

RECREATIONAL VEHICLE: A vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) self-propelled or permanently towable by motor vehicle or light duty truck; (d) designed primarily not for use as permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; and (e) required by Texas law to have a valid vehicle registration when traveling upon public streets. “Recreational vehicle” shall not include a manufactured home.

RECREATIONAL VEHICLE PARK: A unified development on a tract of land under common ownership designed primarily for transient service, on which recreational vehicles of the general public are parked or situated.

RECREATIONAL SPACE: For the purposes of Section 6.506, outdoor space which is made available and maintained in a suitable condition to afford occupants space for passive and active recreational pursuits to the exclusion of all other uses and/or recreation rooms or buildings available to all occupants of the development.

REGULARLY: For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, offering, featuring, promoting or advertising a happening, occurrence or activity on a recurring basis or at fixed intervals, or as a customary and regular aspect of the business.

REGULATED STRUCTURE: For purposes of Section 5.307, “Large Animals”, of Chapter 5, “Supplemental Use Standards” a regulated structure shall be any of the following: (1) a residence, structure, or building used for human habitation, other than the person's habitation; (2) a restaurant, cafe, or eating establishment; or (3) a church, school, hospital, convalescent home, or nursing home.

RELIGIOUS INSTITUTION. For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, a building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

RENT or SUBRENT:  For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, the act of permitting a room or other portion of the premises to be occupied in exchange for any form of consideration.

REPAIR AND MAINTENANCE, ORDINARY:  For the purposes of Chapter 4, Article 5, Historic Preservation Overlay Districts, any work, the purpose and effect of which is to correct any deterioration or decay of or damage to a structure or property, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage, using the same materials or those materials available which are as close as possible to the original and all of which must comply with applicable codes and ordinances.  Ordinary repair and maintenance does not include a change in design, material or outward appearance, but does include in-kind replacement or repair.

RESIDENTIAL DISTRICT:  Collectively, the districts listed in Section 4.100B, as well as the “DHR1”, “DHR2” and “MH”, “MU-1” and “MU-2” Districts and “PD” Planned Development districts that allow residential uses.

RESOURCE, CONTRIBUTING:  For the purposes of Chapter 4, Article 5, Historic Preservation Overlay Districts, a structure or property which in its historical, cultural, architectural or archeological character contributes to the purpose of an Historic and Cultural Landmarks District or to a structure designated Historic and Cultural Landmark or Highly Significant Endangered and which is classified as a Contributing Resource in the design guidelines for such district or structure.

RESOURCE, NON-CONTRIBUTING:  For the purposes of Chapter 4, Article 5, Historic Preservation Overlay Districts, a structure or property which, though within the boundaries of an Historic and Cultural Landmarks District or located on land necessary for access to and use of a structure designated as Highly Significant Endangered or Historic and Cultural Landmark, does not contribute to the historical, cultural, architectural or archeological character thereof and which is classified as a Non-Contributing Resource in the design guidelines for such property. Such designation is meant to provide greater latitude for utilization of the structure or property; however, all modifications shall conform to the design guidelines.

RESTAURANT:  A place which is regularly open in a bona fide manner; which is used and kept open for the service of food to customers for compensation; which has suitable seating for guests; which has suitable facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or night and the serving of food is the primary business of such places, and which may, as an accessory use, provide patrons with space for dancing or permit patrons to dance.  Includes restaurants legally authorized (by duly issued permits from the City and State) to sell alcoholic beverages for consumption on the premises.

RETAIL SALES, GENERAL:  A facility for the retail sale of merchandise, including without limitation bicycle sales or repairs; bird store; Christmas tree sales; cigar or tobacco store; confectionery store; craft or novelty store; department store; dry goods or notions store; electronic media sales or servicing; florist shop; fur storage or sales; gasoline sales; gift shop; hardware, paint or wallpaper store; jewelry store; musical instruments, sales and supplies; optical goods sales; pet shop; piano store; and variety store.

ROOMER, BOARDER, OR LODGER:  A person occupying any room or group of rooms used or intended to be used for living, sleeping, but not for cooking or eating purposes and paying compensation for said rooms or group or rooms by prearrangement for a week or more at a time to an owner or operator who is not related by blood, adoption or marriage to such person.  Any person occupying such room or group of rooms and paying such compensation without prearrangement or for less than a week at a time shall be classed for purposes of this ordinance not as a roomer, boarder or lodger, but as a guest of a commercial lodging (bed and breakfast home or inn, hotel or motel).

ROWHOUSE:  See “Townhouse”.

SCHOOL: For the purposes of Chapter 5, Article 2, Sexually Oriented Businesses, “School” includes any of the following:

  1. public and private, primary and secondary educational facilities providing education up through and including the twelfth grade level; and
  2. licensed day care centers, meaning a facility licensed by the State of Texas or by the City of Fort Worth that provides care, training, education, custody, treatment or supervision for more than six children under 14 years of age, and for less than 24 hours per day.

SCREENING FENCE:  A solid fence or wall at least six feet in height and so constructed that no person can see the area surrounded by the fence.  (See ‘5.305 Fences’)

SERVICE BUILDING: For the purposes of Chapter 4, Section 4.202, Manufactured Home ("MH") District, a structure housing toilet, lavatory, and such other facilities as may be required.

SEXUALLY ORIENTED BUSINESS: Any commercial venture whose operations:

include the providing, featuring or offering of employees or entertainment personnel who appear on the premises while in a state of nudity or simulated nudity and provide live performances or entertainment for customers; or

as a “principal business operation” [35 percent or more] as defined herein, provide, feature or offer non-live, sexually-explicit entertainment, materials, or items for sale or rental to customers; or provide or offer a service or exhibition of materials or items which are intended to provide sexual stimulation or sexual gratification to its customers, said materials or items being distinguished by or characterized by an emphasis on subject matter depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas”; and

include but are not limited to any form of sexually oriented business, adult arcade, adult bath, adult bookstore, adult video store, adult cabaret, adult entertainment cabaret, adult motel, adult motion picture theater, adult theater, nude modeling business, massage parlor, nude modeling studio, adult outcall establishment, escort agencies, sexually oriented encounter center, or other business establishment conducting sexually oriented activity as defined or regulated herein.

The term “Sexually oriented business” shall not be construed to regulate:

  1. an otherwise lawfully operating retail business which does not offer or feature sexually explicit merchandise, material or items for sale or rental to customers as a “principal business operation” [35 percent or more] and does not offer or feature any form of live sexually oriented entertainment;
  2. any clothing business that offers wearing apparel for sale to customers but does not exhibit merchandise on live models;
  3. a bar, nightclub or lounge or other non-sexually oriented business that occasionally promotes a swimsuit or similar contest in which the contestants do not appear “nude” or in “a state of nudity”;
  4. any medical practice operated by or employing licensed psychologists, physicians, physical therapists, registered nurses, chiropractors, or athletic trainers engaged in practicing the healing arts; or
  5. any educational courses conducted at a proprietary school licensed by the State of Texas, or conducted by a private college or university which operates educational programs in which credits are transferable to a junior college, college or university licensed by the State of Texas; and where in order to participate in a class a student must enroll at least three days in advance of the class and where no more than one nude model appears before the class at any one time.

SEXUALLY ORIENTED ENCOUNTER CENTER:  A commercial enterprise that, for any form of consideration or prize, offers physical activities, contact, wrestling or tumbling between male and female persons, or between persons of the same sex, when one or more of the persons is in a “state of nudity” or “simulated nudity” and the activity is intended to provide sexual stimulation or sexual gratification to its customers.

SHELTER:  A facility providing temporary housing primarily to indigent, needy, homeless or transient persons and which may also provide ancillary services such as counseling and/or vocational training, bathing, dining and food preparation.

SHOOTING GALLERY:  An area used for target practice by use of a firearm other than one used for or with live ammunition and for the sole purpose of amusement, games of chance or other arcade type activity.

SHOOTING RANGE:  An area used for the discharge of firearms using live ammunition, including target, silhouette, skeet, trap, black powder, self-defense or similar recreational and/or professional shooting.

SIGN:  Any surface, fabric, device, inflatable or balloon, display or visual medium, including the component parts, which bears letters, pictorial forms or sculptured matter, including logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign.  Graphics or images painted or projected upon the side of a building which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. The term “sign” includes the sign structure.

SIGN, ANIMATED:  A sign employing visible moving parts or the changing of colors.

SIGN, ATTACHED:  A sign which is affixed to, supported by, projected on as a fixed and non-moving image, or painted on a building.

SIGN BANNER.  A temporary banner is a sign which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration.

SIGN, CHANGEABLE COPY:  An on-premise sign that is characterized by changeable copy, letters, symbols, or numerals that are not permanently affixed to the structure, framing or background allowing the letters, characters, or graphics to be modified from time to time manually or by electronic or mechanical devices, such as but not limited to, a bulletin board, electronic message board, or projected image sign. However, an athletic scoreboard or sign located on the athletic field sign of a fence shall not be an electronic changeable copy sign. Changeable copy signs may not be used to display commercial messages relating to products or services that are not offered on the premise.

SIGN, DETACHED:  A sign which is supported by structures, supports or foundations in or upon the ground and independent of support from any building.

SIGN, FLASHING:  A sign or part of a sign that contains units which cause such sign or part thereof to appear to flash or blink. Flashing signs shall not include running light signs, twinkle signs or those signs having only one on-off cycle in any period exceeding six seconds.

SIGN, FREEWAY:  A sign which is oriented to be viewed primarily from an adjacent non-signalized freeway.

SIGN, ILLEGAL:  Any sign erected, constructed, enlarged or altered which does not conform to the provisions of the Zoning Ordinance, the Sign Code (Chapter 29 of the City Code), or other applicable ordinances in effect at the time of erection, construction, enlargement or alteration.

SIGN, ILLUMINATED: Any sign illuminated in any manner by an artificial light source.

SIGN, INFLATABLE or BALLOON: Air of gas filled balloons or similar devices used to advertise or define a fixed location.

SIGN, KIOSK:  Free-standing sign structure located in or adjacent to public right-of-way that features a City of Fort Worth identification panel at the top of each structure and displays directional information to new homes and municipal facilities and parks.

SIGN, MONUMENT:  Any sign in which a majority of the structure’s width is in contact with the ground.

SIGN, NONCONFORMING:   A sign that was lawfully installed in compliance with all City ordinances applicable at the time of installation, but that does not comply with the current provisions of this Zoning Ordinance, the Sign Code (Chapter 29 of the City Code), or other applicable ordinances.

SIGN, OFF-PREMISES:  A sign which is a primary use and advertises businesses, commodities, activities, services or persons which are not usually available or present upon the premises upon which such sign is located, or which directs persons to any location not on the premises. Any sign with more than ten percent of the sign devoted to such use shall be deemed to be an off-premises sign.

SIGN, ON-PREMISES: A sign which advertises the business name, owner and/or commodities, activities or services offered on the premises where such sign is located and where at least 90 percent of the sign is devoted to the advertisement of such business name, owner, commodities, activities or services.

SIGN, POLE:  A detached sign which is supported by one or more poles in or upon the ground.

SIGN, PORTABLE:  A sign designed, constructed or used to facilitate the placing or moving of same from one location to another.

SIGN, PROJECTED IMAGE:  A sign which involves a fixed and non-moving image projected on the face of a wall or structure from a distant electronic device, such that the image does not originate from the plane of the wall or structure.

SIGN, PYLON: A freestanding sign, which has at least fifty (50) percent of the sign structure width in contact with the ground and in which the sign face is separated from ground level by means of one or more supports such as poles, pole covers or columns.

SIGN, PUBLIC INTEREST: A sign conveying a message of interest to the public in general, including: (1) time and temperature signs, (2) signs and notices containing identification of nonprofit service clubs, religious organizations or charitable associations and containing information relating to meetings, locations, fund-raising or other nonprofit activities, (3) signs relaying news messages and financial and stock market messages.

SIGN, REVOLVING:  A sign which revolves on or around or about a structural support. A structural support can be a pole, building or other type of support. Revolving parts within or upon a display surface shall not be construed as a revolving sign.

SIGN, ROOF: Any sign erected, constructed or maintained on the roof of a building.

SIGN, RUNNING LIGHT OR TWINKLE:  A sign with low wattage outline lighting that runs or twinkles.

SIGN, SEXUALLY ORIENTED BUSINESS: For the purpose of Chapter 5, Article 2, Sexually Oriented Business, "sign" means any on-premise display, design, pictorial, or other representation that is constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that it is visible from the outside of a sexually oriented business and used to seed the attraction of the public to any goods, services, or merchandise available at the sexually oriented business.  The term "sign" also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.

SIGN STRUCTURE:  Any structure which supports or is intended to support any sign.

SIGN, TEMPORARY:  Any sign intended to be displayed for a limited period of time only, including by way of example but not of limitation, any sign, banner, pennant, valance, inflatable or balloon or advertising display constructed of cloth, canvas, light fabric, wallboard or other light materials, with or without frames or wheels.

SIGN, WINDOW:  Any commercial copy sign located on the internal and or external surface of a window or a glass door, or is located less than ten (10') feet from the window or a glass door of any establishment for the purpose of being visible to and read from the outside of the building.

SIGNIFICANT OR LARGE TREE:  A tree twenty-seven (27) inches in diameter (84.82 inches in circumference) for the entire city or eighteen (18) inches in diameter (56.55 inches in circumference) for Post Oaks and Blackjack Oaks east of Interstate Highway 35 West.

SITE PLAN:  A plan showing the location all the protected trees by size and species that are six inches (6") or greater on the site, the location of all easements, the location of all proposed buildings, a grading plan, if applicable; the protected trees desired to be removed, the protected trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any protected tree, and if applicable, a description on how the existing healthy protected trees proposed to be retained will be protected from damage from construction.

SITE, DEVELOPED: For the purpose of the landscape provisions in Chapter 6, Article 3, a premises that contains existing structures or buildings for which a building permit was required.

SITE, UNDEVELOPED:  For the purposes of the landscape provisions in Chapter 6, Article 3, a premises that does not contain a structure or building for which a building permit was required.

SPECIFIED ANATOMICAL AREAS: The following portions of the human body:

  1. genitals, whether or not in a state of sexual arousal;
  2. pubic region or pubic hair;
  3. buttock(s);
  4. the portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s); or
  5. any combination of the above.

SPECIFIED SEXUAL ACTIVITIES: Includes one or more of the following:

  1. the fondling, massaging or other erotic touching or stimulation of “specified anatomical areas” or of an erogenous zone;
  2. normal or perverted sexual activity, actual or simulated, including intercourse, oral copulation, or sodomy;
  3. masturbation, actual or simulated; or
  4. excretory functions as part of or in conjunction with any of the activities above.

STABILIZATION: For the purpose of Chapter 4, Article 5, Historic Preservation Overlay Districts, the act or process of applying measures designed to re-establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated structure or property while maintaining the essential form as it presently exists.

STABLE, PRIVATE: Space in a principal building or an accessory building on the same lot used for stabling of livestock owned by the occupants, exclusively as an accessory use.

STABLE, COMMERCIAL: A structure in which livestock used for pleasure riding or driving are housed or kept for hire, including a riding track.

STORE, GENERAL MERCHANDISE:  A retail facility offering a variety of merchandise, including but not limited to the following:  food, beverages, clothing, automotive supplies, personal hygiene items, toys, sports equipment, books, electronic equipment, and household items.  Does not include retail facilities specifically listed in the Retail Sales and Service section of the Nonresidential Use Table in Section 4.803.

STORE, HOME IMPROVEMENT:  A retail facility the primary focus of which is to offer a variety of merchandise for home improvement, including but not limited to building materials and supplies, appliances, plants, gardening supplies and home furnishings.  Does not include retail facilities specifically listed in the Retail Sales and Service section of the Nonresidential Use Table in Section 4.803.

STORE, LARGE RETAIL.  A store for the retail sale of merchandise with a footprint exceeding 50,000 square feet, including without limitation a general merchandise store, home improvement store, antique shop, appliance sales or supply store, new or used clothing store, new or used furniture store, greenhouse or plant nursery, grocery store, pawn shop, or facility for general retail sales.  A large retail store that sells to members only or that also offers merchandise at wholesale is not excluded from this definition.

STORY: That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of said story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, or the average elevation of the finished grade along the front of the building were it set back from the street.

STREET: A public or private thoroughfare which affords principal means of access to adjacent property. 

STREET, LIMITED LOCAL:  As defined in the City of Fort Worth Plan Commission Rules and Regulations, Section 403.B, “Street Design: Limited Local Streets,” a street not more than 600 feet in length ending in a cul-de-sac and serving no more than 25 dwelling units; a loop-type street not more than 1,600 feet in length having at least one 90-degree bend and serving no more than 80 dwelling units; or a street not more than 800 feet in length serving no more than 45 dwelling units.

STRUCTURE: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls, sidewalks and curbs.

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

TELECOMMUNICATION TOWER:   A facility, including self-supporting lattice towers, guy towers or monopole towers, but not including stealth towers, designed to support one or more antennas and to contain ancillary facilities designed and used for the purpose of transmitting, receiving, and relaying voice, data and other similar signals to or from various wireless communication devices.

TELECOMMUNICATION TOWER, STEALTH:  A telecommunication tower that is designed in such a way that the facility is not readily recognizable as telecommunications equipment.  Stealth facilities may include, but are not limited to, totally enclosed antennas; wireless facilities that replicate, duplicate or simulate the construction of common structures such as flagpoles; and camouflaged wireless facilities that are constructed to blend into the surrounding environment.

TEMPORARY GUEST:  A nonpaying guest of the occupants of the primary residence who does not  utilize an accessory dwelling unit or primary residence as an address for any purposes and whose stay does not exceed more than fourteen days in a consecutive thirty-day period.  A roomer, boarder, or lodger shall not be considered a temporary guest.

TEMPORARY IRRIGATION:  An irrigation system that is used to establish native and adaptive plant species and is removed after one year of establishment period.

TERMINAL, MOTOR FREIGHT: The use of property or buildings for the temporary parking of motor freight vehicles or trucks of common carriers, during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight.

TOWNHOUSE or ROWHOUSE: A one-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roof, and each dwelling being located on a separately platted lot.

TRANSFER OF OWNERSHIP OR CONTROL:  For the purpose of Chapter 5, Article 2, Sexually Oriented Businesses, "transfer of ownership or control" of a sexually oriented business means and includes any of the following

  1. The sale, lease, or sublease of the business;
  2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
  3. the establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by possession the ownership or control.

TRANSMISSIONTOWER:  A tower and ancillary support equipment providing transmission via radio, TF infrared or other similar means of signal transmission between towers and receivers.

TREE REMOVAL:  The cutting, destroying, removing, moving, poisoning, banding, marking, or effectively destroying through damaging, any tree six (6) inches or greater in diameter, regardless of species, situated on property regulated by the Zoning Ordinance without first obtaining an Urban Forestry Plan/Permit from the City Forester.

TREE REMOVAL PERMIT:  A permit required for the removal of a single tree as required under Section 6.302.

TUTOR/PRIVATE EDUCATION CLASSES: For the purposes of Chapter 5, Article 1, Home Occupations, "Tutor/private education classes" shall mean a person or persons employed to provide, in a dwelling unit, additional, specialized or remedial instruction to another, which supplements the person's core education.

UNREASONABLE ECONOMIC HARDSHIP:  For the purposes of Chapter 4, Article 5, Historic Preservation Overlay Districts, an economic burden imposed upon the owner which is unduly excessive and deprives the owner of the opportunity of making reasonable beneficial use of the owner’s property or realizing a reasonable rate of return upon the value of the owner’s property as required by the United States Supreme Court in Penn Central Transportation Company v. New York City, 438 U.S. 104 (1978) and subsequent decisions.

UNIFIED RESIDENTIAL DEVELOPMENT:  A grouping of residential structures developed in accordance with the Unified Residential Development provisions of Section 6.506 on a tract of land under single ownership or unified control, such as a homeowner’s association, as opposed to development of one dwelling on one lot of record.

URBAN FORESTRY PERMIT:  A permit required under Section 6.302 for the removal of more than one (1) tree or the construction of new structures on properties greater than one acre for where a building permit is required.

URBAN FORESTRY PLAN:  A plan showing the location of existing canopy coverage and any trees that are classified as large or significant as per 6.302.G.3. on the site, the location of all easements, the location of all proposed buildings, a grading plan, if applicable; the trees desired to be removed, the trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any tree, and if applicable, a description on how the existing healthy trees proposed to be retained will be protected from damage from construction.

VENDOR, CERTIFICATE OF OCCUPANCY: For the purposes of Section 5.406, a Vendor Certificate of Occupancy shall include a determination of the location of the vendor for verification of the proper zoning, verification that the safety code requirements are met and submission of an approval letter from the property owner, all applicable Health Department permits and sales tax registration.

VENDOR, DOOR-TO-DOOR:  A person who travels by foot or vehicle from door-to-door, house-to-house, building-to-building, or place-to-place, within the city, for the purpose of offering for sale, or soliciting orders for future delivery, of food, goods, services, or merchandise.

VENDOR, FOOD: A food vendor that sells food products, either potentially hazardous or non-potentially hazardous, from an informal fixed location out of a vehicle that is pulled or is portable under its own power.

VENDOR, MERCHANDISE: A merchandise vendor that sells merchandise products from an informal fixed location.

VENDOR, TRANSIENT FOOD:  A food vendor that sells food products, from a pushcart or out of a mobile vending unit that is pulled or is portable under its own power, for sale to the general public from an informal location, other than a public street or thoroughfare, for a period of not more than 60 consecutive minutes at any one location.

WET SWALE: A system that consists of an open conveyance channel which has been excavated to the water table or to poorly drained soils.

YARD:  An open space other than a courtyard, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard, the depth of the front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

YARD, FRONT:  A yard across the full width of a lot extending from the street to the largest required setback of either the required, established, platted building line or projected front yard. Setbacks shall be measured from the front property line. Each street frontage shall be considered a front yard except that in one- and two-family districts, the extra frontage yards may be considered a side or rear yard if there are no other front yards projecting along that same block face. Determination of what type of yard it should be will be dependent upon the setback that is necessary to maintain uniformity along the block face.

YARD, PROJECTED FRONT:  See ‘6.101 Yards’ G

YARD, REAR:  A yard extending across the full width of the lot and measured between the rear line of the lot and rear line of the main building, except that area included in the side yard as defined below.

YARD, SIDE:  A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard.