§ 17.08.020. Definitions.
"Abutting, adjacent, adjoining" means a contiguous or sharing a common border or boundary with other property. Abutting, adjacent and adjoining shall include property immediately across an alley, but shall not include property across a street.
"Accessory building or use" means a subordinate building having a use customarily incident to and located on the same lot occupied by the main building; or a use customarily incident to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.
"Administrative official." The official, or his designee, appointed by the city manager to enforce and administer the terms of this title. The individual whose decisions and interpretations are appealed to the zoning board of adjustment (ZBA).
"Adult arcade" means 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 depicting or describing "specified sexual activities" or "specified anatomical areas".
"Adult bookstore" or "Adult video store" means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
1.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video productions, slides, or other visual representations which are distinguished or characterized by an emphasis on matters 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."
"Adult Cabaret" means a night club, bar, restaurant, or similar commercial establishment which regularly features:
1.
Persons who appear in a state of nudity; or
2.
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"; or
3.
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas."
"Adult motel" means a hotel, motel or similar commercial establishment which:
1.
Offers accommodations to the public for any telephone transmission, films, motion pictures, video cassettes, slides or photographic reproductions which are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
2.
Offers a sleeping room 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 sub-rent the room for a period of time that is less than ten hours.
"Adult motion picture theater" means a commercial establishment where motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas".
"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on the exposure of "specified anatomical areas" or by and emphasis on "specified sexual activities".
"Alley" means a public minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway.
"Alternative energy systems." Alternative energy systems include wind, solar and geothermal systems.
1.
"Closed-loop geothermal heat pump system." A geothermal heat pump provides central heating and/or cooling by pumping heat to or from the ground. The heat pump uses the earth itself as a heat source and heat sink. It is coupled to the ground by means of a closed-loop heat exchanger installed horizontally or vertically underground. A closed-loop system is a ground-coupled system consisting of a ground heat exchanger, a circulating pump, and a water-source heat pump in which the heat transfer fluid is not exposed to the atmosphere.
2.
"Solar energy system." A device or combination of devices or elements that rely on direct sunlight as an energy source, including any substance or device that collects sunlight for the following uses: heating or cooling of a structure or building; heating or pumping of water; or, generating electricity.
3.
"Turbine" shall mean the parts of a wind energy system including blades, generator and tail.
4.
"Utility grid wind energy system." A utility grid system shall mean a wind energy system designed and built primarily to provide electricity to the electric utility grid.
5.
"Wind energy system." A wind energy conversion system that converts wind energy into electricity and may consist of a wind turbine, a tower, associated control or conversion electronics, and other components. The system is primarily intended for on-site production and consumption of electricity to serve the needs of the consumer.
"Amusement arcade (indoors)" means a building or part of a building in which pinball machines, video games, amusement machines, or other similar player-operated amusement devices are present and maintained as the primary use. For the purposes of this definition, "primary use" means fifty-one percent or more of the gross floor area (including player space and aisle space) of the portion of the structure being used (not to include any area of a structure being used as storage).
"Amusement machine" means any machine or device of any kind or character, that is operated by or with coins, metal slugs, tokens, or checks, when such machine dispenses or is used or is capable of being used or operated for amusement or pleasure or when such machine is operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of "merchandise or music" or "service" exclusively, as those terms are defined in the Texas Revised Civil Statutes, Title 132, Chapter 8 (section 8801 et seq.), as amended. (An "amusement machine" pursuant to this definition is the same as a "skill or pleasure coin-operated machine" pursuant to the Texas Revised Civil Statutes, Title 132, Chapter 8, Section 8801(5), as amended.) An "amusement machine" shall also include any billiard tables operated for profit, whether operated by or with coins, metal slugs, tokens, or checks inserted into the machine or paid to an attendant.
"Animal lot" means any area for quartering and/or grazing of any hoofed (even-toed and odd-toed) animals, including but not limited to horses, cows, sheep, goats, etc., and ratites (large flightless birds), including but not limited to emus and ostriches, etc.
"Animal unit" means the equivalent of one horse, one cow or steer, one mule, four emus or ostriches, ten sheep, ten goats, one hundred poultry, or one hundred rabbits, or an equivalent combination thereof.
"ANSI" means the American National Standards Institute.
"Antenna" means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves.
"Antique vehicle" means a passenger car or truck that is at least thirty-five years old.
"Apartment" means a room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit or residence by a single family, individual, or group of individuals.
"Apartment hotel" means any building larger than an apartment house designed or built as a series of separate apartments to be occupied by persons living independently of each other.
"Apartment house" means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.
"Apartment sign." Refer to "Sign, apartment."
"Approach/departure clearance surface (slope)" means an inclined plane that extends outward from the end of the runway of NAS Fort Worth for a distance of twenty-five thousand feet, and rises at a rate of one foot above the runway (elevation 650 feet msl) for every fifty feet from the end of the runway. The horizontal extent is defined in the latest adopted edition of the Air Installations Compatible Use Zones (AICUZ) report for NAS Fort Worth JRB (2004, or later).
"Arcade." An arcade is a portion of the main façade of the building that is at or near the street-setback line and a colonnade supports the upper floors of the building. Arcades are intended for buildings with ground floor commercial or retail uses and the arcade may be one or two stories.
"Arena, riding" means an area, either indoor or outdoor, used for the riding or driving of horses or mules for pleasure or competition on a fee or other renumeration basis.
"Attics/mezzanines." Attics are located in the interior part of a building contained within a roof structure. A mezzanine is a partial story between two main stories of a building.
"Auto-related sales and service." An establishment that provides retail sales and services related to automobiles including, but not limited to, cars, tires, batteries, and gasoline.
"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.
"Balloon." Refer to "sign, balloon."
"Banner." Refer to "Sign, banner."
"Basement" means a building story which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.
"Beacon." Refer to "sign, beacon."
"Bicycle parking space." A four feet wide by six feet long space provided for securing two bicycles to a city approved bicycle rack.
"Bicycle rack." A framework which permits the locking of the bicycle frame and one wheel to the rack and supports the bicycle in a stable position without damage to wheels, frame or components. Bicycle rack design shall adhere to requirements set forth in this title.
"Billboard." Refer to "sign, billboard."
"Block." An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets that intersect said street on the said side. In cases where platting is incomplete or disconnected, a zoning administrative official and/or planning director shall determine the outline of the block.
"Board." The zoning board of adjustment (ZBA) as established in Chapter 17.16.
"Boarding house" means a building other than a hotel, where lodging and meals for five (5) or more persons are served for compensation.
"Breezeway" means a covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.
"Bufferyard" means a unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.
"Buildable area"means the portion of a lot remaining after required yards have been provided.
"Building" means any structure built for the support, shelter, and/or enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire each portion so subdivided may be deemed a separate building.
"Building façade line." The vertical plane along a lot where the portion of the building's front façade closest to the street is actually located.
"Building footprint" means the area of the building in contact with the ground.
"Building form standards." The standards that specifies the height, bulk, orientation, and elements for all new construction and redevelopment.
"Building frontage." The percentage of the building's front façade that is required to be located at the front build-to line or zone as a proportion of the block frontage along that public street. Parks, plazas, squares, improved forecourts, and pedestrian breezeway frontages shall be considered as buildings for the calculation of building frontage.
"Building, height of." See "height of building."
"Building line" means a line parallel or approximately parallel to the street right-of-way line at a specific distance marking the minimum distance from the street right-of-way line that a building may be erected.
"Building marker" means any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
"Building massing." The general outline of the three-dimensional volume of the building.
"Building official" means the administrative officer charged with the administration and enforcement of the city's building codes, or a duly authorized representative.
"Building scale." Different than size, scale is the building form in relation to adjacent buildings or spaces.
"Building story." The height of a single floor of a multi-level building.
"Build-to zone (BTZ)." The area between the minimum and maximum setbacks within which the principal building's front façade is to be built.
"Business" includes local retail, commercial, industrial, and manufacturing uses and districts as herein defined.
"Caliper" Diameter of the trunk of a tree measured one foot above ground level. This method of measurement is used for trees that are planted as a requirement of the Zoning and Subdivision Ordinances.
"Canopy trees." A perennial woody plant (single trunk or multiple trunks) contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as shade trees. Refer to Table 17.98.080, Recommended Plants.
"Carport" means an open-sided shelter for automobiles which may be formed by the extension of a roof from the side of a building and which has no more than one of its sides enclosed.
"Cellar" means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
"Certificate of occupancy (or permit)" means an official certificate issued by the City through the administrative official which indicates conformance with or approved conditional waiver from the Building and Zoning Regulations and authorized legal use and occupancy of the premises for which it is issued.
"Character zone." An area within a form based code district that creates a distinct urban form different from other areas within the project area. Character zones are identified in the regulating plan.
"City council" means the governing body of the City of Benbrook, Texas.
"Clinic" means offices for one or more physicians, surgeons, dentists, optometrists, and chiropractors engaged in treating the sick or injured, but not including rooms for the abiding of patients.
"Closed-loop geothermal heat pump system." Refer to "alternative energy systems."
"Collector street." As defined by the city's latest approved comprehensive plan.
"Commercial amusement center, indoor operations only" means a facility providing for entertainment and amusement. Games contained in the facility may include skilled games or activities such as, but not limited to, shuffle boards, darts, bowling facilities, roller/ice skating rinks or dominoes. Any combination of these games may be used in the facility. Not included in this definition is an "amusement arcade (Indoors)."
"Commercial message" means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. Refer to "sign."
"Commercial or mixed use building." A building in which the ground floor is built to commercial ready standards and any of the floors are occupied by non-residential or residential uses.
"Commercial ready." A space constructed to the specified standard for the minimum height of the ground floor which may be used for noncommercial uses and/or converted into retail/commercial use. The intent of commercial-ready space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/commercial uses accordingly.
"Community center" means a building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the city, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the city.
"Community garden." A small to medium size garden (approximately one acre or smaller) cultivated by members of an area for small scale agricultural uses for the benefit of the same people. It may consist of individually tended plots on a shared parcel or may be communal (everyone shares a single plot).
"Comprehensive plan" means the comprehensive plan of the City of Benbrook, Texas, as adopted by the city council of the City of Benbrook.
"Compression station, natural gas" means those facilities within the city that compress natural gas after production-related activities occur and, under federal and state rules and regulations, are not exempt from city regulations and ordinances regarding construction standards, safety standards or reporting requirements.
"Conditional use." A use which would not be appropriate generally or without certain restrictions throughout a zoning district, but which, if controlled as to number, area, location or relation to the neighborhood would promote the health, safety, and welfare of the community. Refer to Chapter 17.80, Conditional Uses.
"Condominium" means a multi-family dwelling facility within which designated units or apartments are conveyed fee simple title, with an undivided interest in the building's common elements, to include, but not be limited to, halls, stairs, elevators, roofs, parking space, and the land.
"Conical surface" means an inclined plane that extends outward from the periphery of NAS Fort Worth for a distance of seven thousand feet, and rises at a rate of one foot above the runway (elevation 650 feet msl) for every twenty feet from the end of the runway. The horizontal extent is defined in the latest adopted edition of the Air Installations Compatible Use Zones (AICUZ) report for NAS Fort Worth JRB (2004 or later).
"Convalescent home" means any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.
"Cottage manufacturing." Small scale assembly and light manufacturing of commodities fully enclosed within the building without producing any noise, noxious odors, gas, or other pollutants. This category may include workshops and studios, electronics, pottery, glass-blowing, metal working, screen printing, sculpture, painting, and weaving.
"Court" means an open, unoccupied space, bounded on three or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.
"Courtyard." A landscaped open space in the center of the block with no street frontage, surrounded by walls or buildings on all sides. It shall be large enough to allow for public activities and have sunlight during midday. It should be designed to connect to adjacent buildings or to the public sidewalk through a pedestrian passage(s).
"Day care facility." A facility licensed, certified, or registered by the State of Texas to provide assessment, care, training, education, custody, treatment, or supervision of children and/or adults and as provided under state and federal law.
1.
"Child-care facility" means a facility licensed, certified, or registered by the approved regulatory agency to provide assessment, care, training, education, custody, treatment, or supervision for a child under the age of fourteen who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the twenty-four-hour day, whether or not the facility is operated for profit or charges for the services it offers.
a.
"Residential child-care facility" means a facility licensed or certified by the approved regulatory agency that operates for all or part of the 24-hour day at the residence of the director, owner, or operator of the child-care facility for six or less children for compensation.
b.
"Group home" means a residential facility licensed by the State of Texas that provides all or part of twenty-four-hour care at the residence of the director, owner, or operator of the child-care facility for six or less children for an interim or permanent time period at the residence of the director, owner or operator of the child care facility. The term includes general residential operations, child-placing agencies, foster group homes, foster homes, agency foster group homes, and agency foster homes.
c.
"Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under fourteen years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed twelve at any given time.
d.
"General child-care operation" means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for more than twelve children for all or part of twenty-four hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps.
e.
"Day-care center" means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under fourteen years of age for less than twenty-four hours a day, but at least two hours a day, three or more days a week.
f.
"Agency group home" means a facility that provides care for seven to twelve children for all or part of twenty-four hours a day that provides care at a location other than the residence of the director, owner, or operator, is used only by an approved regulatory agency, and meets the approved regulatory agency standards.
g.
"Agency home" means a facility that provides care for more than six children for all or part twenty-four hours a day that provides care at a location other than the residence of the director, owner, or operator, is used only by a licensed child-placing agency, and meets the approved regulatory agency standards.
2.
"Adult day-care facility" means a facility licensed by the State of Texas that provides services under an adult day-care program on a daily or regular basis but not overnight to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility.
a.
"Adult day-care program" means a structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting.
b.
"Elderly person" means a person sixty-five years of age or older.
c.
"Handicapped person" means a person whose functioning is sufficiently impaired to require frequent medical attention, counseling, physical therapy, therapeutic or corrective equipment, or another person's attendance and supervision.
d.
"Residential adult care" means an adult day care facility licensed or certified by the approved regulatory agency that operates for part of the twenty-four-hour day at the residence of the director, owner, or operator.
e.
"General adult care" means an adult day care facility that provides care at a location other than the residence of the director, owner, or operator of the care facility for less than twelve adults for part of twenty-four hours a day.
"dB(A)" means the sound pressure level in decibels. Refers to the "a" weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.
"DBH" or "dbh" means the diameter at breast height; the average diameter (outside the bark) of a tree four and one-half feet above mean ground level. This method of measurement is used for measuring existing trees.
"Decibel" means the unit of measure used to express the magnitude of sound pressure and sound intensity. (See also "sound pressure" and "sound pressure level.")
"Directional sign." Refer to "sign, directional sign."
"Directory sign." Refer to "sign, directory."
"District (zoning)" means a section of the City of Benbrook, Texas, for which the regulations governing the area, height, or use of the land and buildings are uniform.
"Drive-in restaurant" or "refreshment stand" means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
"Dwelling, four family" means a detached residential building containing four dwelling units, designed for occupancy by not more than four families.
"Dwelling, manufactured home." Manufactured home means a structure that was constructed after June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty square feet or more, 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 system, and bearing a seal issued in accordance with Section 5521f V.A.T.C.S.
"Dwelling, mobile home." Mobile Home means 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 forty body feet or more in length, or, when erected on site, is three hundred twenty square feet sq. ft. or more, 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 system.
"Dwelling, modular" means a dwelling unit constructed on-site in accordance with applicable state and city codes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. For purposes of this title, a modular dwelling may be located anywhere a detached single family dwelling is permitted.
"Dwelling, one family" means a detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
"Dwelling, subsidiary" means a separate living quarters with separate kitchen facilities which is in addition to the principal dwelling unit on a single-family lot.
"Dwelling, three family" means a detached residential building containing three dwelling units, designed for occupancy by not more than three families.
"Dwelling, two family" means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.
"Dwelling unit" means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
"Efficiency apartment" means an apartment having a combination living and bedroom, including independent cooking facility (no separate bedroom).
"Electronic message center sign." Refer to "sign, electronic message center."
"Encroachment." Any structural or non-structural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public right-of-way, or above a height limit.
"Enhanced pavement" means any permeable or non-permeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick or stone pavers, grass pavers and stamped or stained concrete.
"Entryway sign." Refer to "sign, entryway."
Extra-territorial jurisdiction (ETJ)." The area defined by the Texas Local Government Code, Chapter 42, as applied to the city or from the subdivision ordinance [Title 16 of this code]—That property which lies within the jurisdiction of the City of Benbrook for enforcing subdivision plat regulations.
"Family" means one or more persons who are related by blood, marriage, adoption, or foster assignment living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than three (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost-sharing basis.
"Fence" means any construction or screening shrubs greater than thirty inches in height and of any material the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, or to mark a boundary. A wall that is not part of a building shall be considered a fence. Dikes and retaining walls for the purpose of diverting water and retaining soil are not classified as a fence.
"Fence repair" means the reconstruction or renewal of any part of an existing fence up to fifty percent of the total fenced area, for the purpose of its maintenance or to correct damage. See also "fence replacement (substantial improvement)."
"Fence replacement (substantial improvement)" means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a fence which equals or exceeds fifty percent of the total fenced area before the improvement or repair is started. If the structure has sustained substantial damage or damage in multiple sections, the areas in need of repair or reconstruction are totaled and the sum of the total areas are considered substantial improvement regardless of the actual repair work performed if fence repairs equal or exceed fifty percent of the total fenced area.
"Flag." Refer to "sign, flag."
"Flashing" means an operation that creates flashing light, change in light intensity, color or copy, or intermittent light impulses.
"Floodplain." An area identified by the Federal Emergency Management Agency (FEMA) as possibly being flood prone or within the special flood hazard area (SFHA) or below the base flood, also known as the flood having a one-percent chance of being equaled or exceeded in any given year or the 100-year flood. The issuance of building permits for construction of any structure within such floodplain is regulated by a separate ordinance (Chapter 15.40 of the Benbrook Municipal Code, as amended) governing the safeguards, preventive actions against flooding, types of uses permitted in flood prone areas, etc.
"Floor area" means the total (gross) square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, porches, carports or garages that are not designed for residential or business occupancy.
"Floor area ratio (FAR)" An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building(s) floor area by the lot area.
"Food truck" means 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. Also known as a "mobile food establishment."
"Food truck park" means a location at which more than one food truck operates on a regular basis.
"Forecourt." Similar to a courtyard, it is located in the front of a building such that the forecourt is surrounded on two or three sides by a building(s).
"Frontage" means all the property abutting on one side of the street between two intersecting streets, measured along the street line.
"Gallery." A roofed walkway or promenade, it is an extension of the main façade of a building that is at or near the front property line. The gallery may overlap the public sidewalk.
"Garage, private" means an enclosed accessory building for storage only of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises.
"Garage, public" means a building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.
"Garage sale" means an occasional sale at retail open to the public and conducted on a residential premise in a residential district, or in a community facility district, for the purpose of disposing personal property by a person who does not hold himself out as engaging in, or does habitually engage in, the business of selling such property at retail. The term includes, but is not limited to all sales entitled "lawn", "yard", "room", "backyard", "patio", or "rummage" sale. The term does not include situations where no more than three specific items are offered for sale and all advertisements of such sale specifically name those products to be sold.
"Garage, storage (parking)" means 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.
"Gasoline price sign." Refer to "sign, gasoline price."
"Grade." The measure of vertical elevation above some reference point usually mean sea level (msl). Grade is measured as follows:
1.
For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street;
2.
For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street;
3.
For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building.
Any wall approximately parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Building Official and/or the Planning Director shall establish such sidewalk level or its equivalent for the purpose of these regulations.
"Ground cover" means low growing, dense spreading plants typically planted from containers.
"Group Home." As provided under state and federal law. Refer to "day care facility."
"Height of building." The vertical distance of a building or structure measured from the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. Height shall exclude chimneys, cooling towers, ventilators, elevator bulkheads, penthouses, tanks, water towers, radio antennae, ornamental cupolas, domes or spires, belfries, parapet walls or other appurtenances not exceeding ten feet in height above the top of the roof and not intended for human occupancy. Refer also to "basement and cellar."
"Height of yard or court" means the vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
"High intensity lighting" means light, which when measured at ten feet from the source exceeds eleven thousand lumens.
"Hobby" means an accessory use housed in a dwelling or in an accessory building in which the residents of the premise engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear thereof and from which no compensation, revenue, or value may be derived, and in which no goods may be publicly displayed, offered for sale or advertised for sale, nor any sign be used in connection therewith.
"Home occupation" means an occupation conducted in a dwelling unit in accordance with Chapter 17.84.160.
"Hotel" means 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. A hotel includes a tourist hotel, a motor hotel, and a motel, but does not include an apartment hotel.
"Junk" means and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.
"Junked vehicle" means a vehicle that is inoperable as defined in Chapter 10.44 of the Benbrook Municipal Code (1985, as amended).
"Kennel" means any lot or premises on which six or more dogs, cats, or other domestic animals, at least four months of age, are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.
"Kindergarten" means a school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
"Landscape architect." A person registered as a Landscape Architect in the State of Texas pursuant to state law.
"Landscape area" means an area which is covered by natural grass, ground cover, or other natural plant materials.
"Landscape contractor and/or designer." A person knowledgeable in plant materials and landscape design.
"Lawn grasses" means thin bladed surface growing plants typically planted from seed, sprigs or plugs.
"Legal non-conforming use, building or yard" means a use, building or yard existing legally at the time of the passage of this Ordinance which does not by reason of design, use, or dimensions conform to the regulations of the district in which it is situated. A use, building or yard established after the passage of the ordinance from which this title derives which does not conform to regulations of the district in which it is situated shall be illegal.
"Licensed irrigator" means a person duly licensed by the State of Texas to design and install irrigation systems.
"Livestock" means animals typical of those that may be kept or raised on a farm or ranch, including but not limited to hoofed animals (horses, cows, sheep, goats, etc.), ratites (ostriches, emus, etc.), poultry (chickens, ducks, geese), and fur-bearers (rabbits, minks, etc.).
"Live-work unit." A mixed use building type with a dwelling unit that is also used for work purposes. The following standards apply to the work component of the unit:
1.
Located on the ground floor and at street level;
2.
Restricted to the uses of professional office, artist's workshop, studio, or other similar uses;
3.
Constructed to commercial ready standards; and
4.
Constructed as separate units under a condominium regime or as a single unit.
The "live" component may be located on the street level (behind the work component) or any other level of the building. Live-work unit is distinguished from a home occupation otherwise defined by this title in that the work use is not required to be incidental to the dwelling unit, non-resident employees may be present on the premises and customers may be served on site.
"Living fence." A Street Screen composed of landscaping to create a screen/fence.
"Living unit." Same as "Dwelling unit."
"Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
"Lot." An undivided tract or parcel of land having frontage on a public street, or upon an approved open space, having direct street access, and which is, or in the future 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 or lot number or symbol in a duly approved subdivision plat which has been properly filed or recorded. (See "lot of record.")
"Lot coverage" means the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
"Lot frontage" means the length of street frontage between property lines.
"Lot lines" means the lines bounding a lot as defined:
1.
"Lot line, front." The boundary between a lot and the street on which it fronts.
2.
"Lot line, rear." The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the planning director shall determine the rear line.
3.
"Lot line, side." Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on any alley or place or side street line.
"Lot measurements." (See Figure 17.08-1.)
1.
"Area of the lot" shall be the area of the lot within the lot lines, expressed in square feet or acreage, including easements, and shall not include portions of any public street or alley.
2.
"Depth of a lot" shall be considered to be 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 line in the rear (the mean horizontal distance between the front and rear lot line).
3.
"Interior area" is the area of the lot remaining after subtracting out the area included in the bufferyards.
4.
"Width of a lot" shall be considered to be the 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, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the eighty-percent requirement shall not apply.
Figure 17.08-1
LOT MEASUREMENTS
"Lot of record" means a lot which is part of a subdivision recorded in the office of the county clerk.
"Lot types." (See Figure 17.08-2.)
1.
"Corner lot." A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the planning director.
2.
"Interior lot." A lot other than a corner lot with only one street frontage and whose side lot lines do not abut upon any street.
3.
"Through lot." A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage" lots.
4.
"Cul-de-sac lot." A lot whose frontage is along the turn around portion of a street that has only one opening and terminates with a turn around at the closed end.
Figure 17-08.2;
LOT TYPES
"Main (principal) building" means the building or buildings on a lot which are occupied by the primary use.
"Marquee." Refer to "sign, marquee."
"Masonry construction."
1.
Residential Construction:
a.
Masonry construction in single family and duplex zoning districts ("RE", "A", "B", "BR", and "CR" zoning districts) shall be considered as being kiln-fired brick veneer, stone veneer or stucco. Cementitious fiber board and exterior insulating finish system (EIFS) may be used according to the applicable architectural requirements of the zoning district.
b.
Masonry construction in multifamily zoning districts ("C" and "D" Zoning districts) may include the materials listed in paragraph a. above and split-face concrete masonry units (CMU).
c.
Concrete or cinder block (except split-faced CMU), exposed or painted cement, or concrete tilt wall systems shall not be considered masonry construction for the purposes of this title.
2.
Commercial Construction: Masonry construction in commercial and industrial zoning districts ("E", "F", "HC", "G", and "H" Zoning Districts) shall comply with the requirements in Section 17.84.100, Architectural Standards for Nonresidential Buildings.
"Masonry wall and/or masonry fence." Refer to the requirements in Chapter 17.84.100, Architectural Requirements for Nonresidential Buildings, and Chapter 17.98, Landscape and Buffer Requirements. A masonry wall is an upright structure of masonry construction serving to enclose, divide, screen or protect an area, a use or a building. A masonry wall or masonry fence shall be made of kiln-fired brick, stone, cast concrete with texture and/or pattern of neutral tone or color, cement masonry units with texturing and/or stucco, cast or artificial stone, or cinder blocks with masonry veneer. Refer to "fence" and "masonry construction."
"Menu board." Refer to "sign, menu board."
"Meritorious exception" means an alternative architectural design that meets the city's goal for attractive, human-scale architectural style in an innovative or unique manner, but does not conform to the architectural requirements of this article.
"Mini warehouse" means a totally enclosed facility involving one or more building(s) and multiple individual units the purpose of which is exclusively for the storage of goods. Retail or wholesale, offices, manufacturing, fabrication, service, repair, or any other type of commercial or business enterprise is expressly prohibited from this type facility. Storage of hazardous and flammable materials as designated by the Fire Marshal is expressly prohibited from this type facility.
"Mobile home." Refer to "dwelling, mobile home."
"Mobile home park or subdivision" means a parcel of land upon which mobile homes are placed or located for purposes of occupancy.
"Model home sign" means refer to "sign, model home."
"Motion" means the moving or rotating of a sign or portion thereof, or the giving of the perception of motion, other than a message center as hereinafter defined.
"Motor vehicle collector" means a person who owns one or more antique or special interest vehicles; and acquires, collects or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve as an antique or special interest vehicle for historic interest.
"Multi-tenant ground sign." Refer to "sign, multi-tenant ground."
"Native landscape" means cultivated land that is characterized by the use of native plants, including trees, shrubs, groundcover and grasses which are indigenous, or adapted, to the geographic area of land.
"Natural area" means uncultivated land that is undisturbed and allowed to grow in its natural state without direct human intervention. Natural areas are set aside for conservation purposes, as examples of typical and unique plant and/or animal communities, or as examples of natural interest and beauty.
"Non-conforming use." A building, structure or use of land lawfully occupied at the time of the effective date of this Ordinance or amendments thereto, and which does not conform to the use regulations of the zoning district in which it is situated.
"Nude model studio" means any place where a person appears in a state of nudity or displays "specified anatomical areas" to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a person appearing in a state of nudity who did so in a modeling class operated:
1.
By a proprietary school licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation;
2.
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3.
In a structure:
a.
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
b.
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
c.
Where no more than one nude model is on the premises at any one time.
"Nudity," "state of nudity." means less than completely and opaquely covered:
1.
Human genitals, pubic region or pubic hair; or
2.
Human buttock; or
3.
Female breast or breasts below a point immediately above the top of the areola; or
4.
Any combination of the foregoing.
"Occupancy" means the use or intended use of the land or buildings by proprietors or tenants.
"Open space" means the area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves or porches.
"Open space, civic." Open space in the form of parks, courtyards, forecourts, plazas, greens, pocket parks, playgrounds, etc. They may be privately or publicly owned but are used for public purposes.
1.
"Green." A civic/open space spatially defined by landscaping rather than building frontages and intended for unstructured recreation.
2.
"Park." A civic/open space left in a natural state available for unstructured recreation.
3.
"Plaza." A civic/open space defined by the surrounding buildings with formal landscaping and a paved surface, and is available for community purposes and commercial activities.
4.
"Playground." A civic/open space designed and equipped for children's recreation. A playground may be fenced and may include an open shelter. Playgrounds may be located within residential areas and may be placed within a block.
5.
"Paseo." A civic space dedicated for pedestrian movement located between blocks, buildings or along alleys.
"Open space, private." An open space which is privately owned and for private use. The private open space could include a pool (swimming, lap pool, spa area), play courts (basketball), or picnic areas with shade structures.
"Overlay district" means a set of zoning requirements that are described in the text, are mapped, and are imposed in addition to those of the underlying zoning district. Development within the overlay zone must conform to the requirements of both the underlying district and the overlay zone, or the more restrictive of the two. The zoning classification will typically be shown as a suffix to the underlying district (e.g. CF-NAS.)
"Parkway" means that area within the public right-of-way (ROW) between the back of curb or edge of pavement and the right-of-way line.
"Parking space, off-street" means, for the purposes of this title, an off-street parking space shall consist of an indoor or outdoor space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
"Patio." An outdoor space for dining or recreation that adjoins a residence and is often paved. It may also be a roofless inner courtyard within a residence, typically found in Spanish and Spanish-style dwellings.
"Paving setback" means a line parallel or approximately parallel to the street right-of-way at a specified distance therefrom marking the minimum distance from the street right-of-way line that any pavement, including parking lots and necessary maneuvering areas, may be constructed, except for approved driveway and pedestrian access.
"Pennant." Refer to "sign, pennant."
"Permeable pavement" means a paving material that permits water penetration.
"Permitted uses" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
"Planning and zoning commission" means- the agency appointed by the city council as an advisory body to it and which is authorized to recommend changes in the zoning ordinance and fulfill the functions authorized by the city council and state law.
"Plat" means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Benbrook and subject to approval by the planning and zoning commission. Reference to a plat in this title means an official plat of record that has been approved by the planning and zoning commission and filed in the plat records of Tarrant County.
"Playgrounds." Open spaces designed and equipped for the recreation of children.
"Premises" means land together with any buildings or structures occupying it.
"Primary entrance." The principal entrance to a building expressly utilized for daily pedestrian ingress and egress, typically easily identified due to special architectural treatment.
"Private club" means 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 policies and business.
"Private drive (street or place)" means an open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.
"Prohibited uses" means any use prohibited in a zoning district and subject to the restrictions applicable to that zoning district.
"Protected use." The following uses are considered protected uses in relation to a natural gas compression station:
1.
Residence;
2.
Religious institution;
3.
Hospital building;
4.
School;
5.
Day care facility;
6.
Library; and
7.
Public building or park.
"Reader board." Refer to "sign, reader board."
"Real estate sign." Refer to "sign, real estate."
"Recreational equipment, major" is defined to include boats, trailers and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, horse trailers, utility trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
"Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers.
"Recreational vehicle camping area" means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term (fourteen days or less) occupancy of camper vehicles, recreational vehicles, tents, or trailers.
"Reflective" means a sign having copy or background made of reflective surfaces made to shimmer.
"Regulating plan." A zoning map that shows the layout of a Form Based Code District, including building locations and street type designations applicable to the project area subject to the standards in Chapter 17.75 of the zoning ordinance.
"Religious institution" means a building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, recreational or other uses not normally associated with worship. Includes churches, chapels, cathedrals, temples and similar designations.
"Residence." Same as "dwelling"; also, when used with the word "district," an area of residential regulations.
"Residential building." A building that is built to accommodate only residential uses on all floors of the building such as townhomes, apartment buildings, duplexes, etc.
"Reversed frontage" is a lot abutting two or more streets at their intersection. A reversed frontage lot shall be deemed to front on that street at which it has its greatest frontage unless otherwise specified by the planning director.
"Roof signs." Refer to "sign, roof."
"Roof terraces." Flat areas on top of a building which are accessible for use as a passive recreation space for the residents and users of the building.
"Room" means a building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.
"Rooming house" means a building other than a hotel where lodging for three but not more than twelve persons is provided for definite periods for compensation pursuant to previous arrangements.
"Screening device." A fence, wall, hedge or other device that is solid, made of durable material and without holes, penetrations or other openings other than those required for passage and which is designed to prevent persons from seeing through. A screening device shall be at least six feet in height but no more than eight feet in height unless otherwise specifically permitted by the provisions of this title or unless approved as a variance by the zoning board of adjustment (ZBA).
"Screening shrubs" means evergreen shrubs that maintain their foliage year round, and of sufficient mass and spacing to be opaque or that shall become opaque after twelve months and which shall be maintained in an opaque condition.
"Seasonal color" means landscape areas used for annual and perennial flowers intended to maintain year-round color accents.
"Setback." The distance from the property line to the nearest part of the building, structure or sign, measured perpendicularly to the property line. See also "building line."
"Sexually oriented business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude model studio.
"Showroom warehouse" means a sales and office facility for a product that by nature of the bulk dimensions of the product requires a larger than normal storage area ratio to sales and office area to maintain a normal operating product inventory. A showroom warehouse is specifically not intended to be a wholesale distribution center.
"Shrubs" means plants which grow vertically in a multi-branched growth pattern.
"Sign" means a presentation of letters, numbers, figures, pictures, emblems, insignias, lines or colors or any combination thereof, displayed for the purpose of information, direction or identification, or to advertise or promote a business, service, activity, interest or product. The following characteristics of signs are regulated in Chapter 17.92.
1.
"Beacon." Any light with one or more beams that may rotate or move and are directed into the atmosphere. A searchlight is a beacon.
2.
"Flashing." Operation that creates flashing light, change in light intensity, color or copy, or intermittent light impulses.
3.
"Motion." The moving or rotating of a sign or portion thereof, or the giving of the perception of motion, other than a message center as hereinafter defined.
4.
"Reflective." A sign having copy or background made of reflective surfaces made to shimmer.
"Sign, abandoned." Any sign:
1.
Which, for at least six continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product or activity; or
2.
For which no legal owner can be found; or
3.
Which pertains to a time, event, or purpose which no longer applies.
"Sign alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
"Sign, animated" Any sign having a conspicuous and intermittent variation in illumination, or physical position of any or all of its parts, or that uses movement or change of lighting to depict action or create a special effect or scene. Signs that have an electronic display operated in accordance with Chapter 17.92, Sign Regulations, (other than time and temperature) shall be considered as changeable copy signs under this title.
"Sign, apartment" means a sign identifying the name of a multi-family dwelling complex not for transient use.
"Sign area" means the area of the smallest individual rectangle, triangle or circle or combination of not more than two (2) contiguous rectangles, triangles or circles which will encompass all elements of the sign which form an integral part of the display, including background, borders and structural trim. The area of a double face sign shall be construed to be the area of the largest single face of the sign, provided that the interior angle formed by the two faces does not exceed thirty degrees.
"Sign, balloon" means an inflated device carried aloft or fixed to the ground used for the purpose of advertising or drawing attention.
"Sign, banner" means any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered banners.
"Sign, beacon" means any light with one or more beams that may rotate or move and are directed into the atmosphere. A searchlight is a beacon.
"Sign, bench" means a sign located on the seat or back of a bench or seat placed on or adjacent to a public right-of-way.
"Sign, billboard" means a sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
"Sign, blade." A pedestrian-oriented sign which is installed perpendicular to the building facade. The sign may be affixed directly to the building, suspended under a bracket that is mounted to a building, or suspended under a canopy, awning or arcade.
"Sign, building" means any sign attached to, applied on or supported by any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) that encloses or covers usable space, as contrasted to a freestanding sign.
"Sign, building blade." A pedestrian-oriented sign that is affixed perpendicular to the corner of a building or along the front façade of a building above the ground floor to provide identification for the whole building.
"Sign, cabinet/can" means a sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.
"Sign, canopy." Any sign that is a part of, attached to, or affixed to the top of an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
"Sign, changeable copy" means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign, including electronic and light-emitting diode (LED) signs. A sign on which the message changes more frequently than permitted in Chapter 17.92, Sign Regulations, (other than time and temperature), shall be considered an animated sign and not a changeable copy sign for the purposes of this title. A sign on which the only copy that changes is an electronic or mechanical indication of time and temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for the purposes of this title.
"Sign, contractor" means a temporary sign providing information about future development or current construction on a site and the parties involved in the project or identifying an architect, engineer, contractor, subcontractor, and/or material supplier who participates in construction on the property on which the sign is located.
"Sign copy" means any combination of letters or numbers, which is intended to inform, direct or otherwise transmit information.
"Sign, detached" means any sign that is not attached, inclusive of signs on movable objects, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation.
"Sign, development" means a temporary sign providing information about future development on a site and the parties involved in the project or identifying an real estate agent who represents property or lots on which the sign is located.
"Sign, dilapidated or deteriorated. Any sign:
1.
Where any portion of the finished material, surface, or message portion of the sign is visibly faded so as to no longer be clearly read, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or
2.
Whose elements or structural support or frame members are visibly bent, broken, dented, or torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural member).
"Sign, directory" means a sign identifying the names of the tenants and the number of the building, suite or room in which they are located.
"Sign, electronic message center" means a sign displaying public service information, any similar public interest information and/or related advertising for a general business located on the same premises through electronically controlled intermittent light impulses. (See also "sign, changeable copy.")
"Sign, entryway" means a permanent sign identifying a subdivision or development project by name located at the entrance(s).
"Sign, flag" displays on cloth or other flexible material attached on only one side.
"Sign, freestanding." Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Pylon signs and monument signs are examples of permitted freestanding signs.
"Sign, gasoline price" means an outdoor advertising display with changeable copy letters and numerals or an electronic display without movement visible from off the premises and intended to have a change of message no more frequently than once a day that displays the current price of diesel fuel or gasoline for sale. (See also, "sign, electronic message center.")
"Sign height" means the height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonable determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the main building on the lot, whichever is lower.
"Sign, illegal" means any sign erected or maintained in violation of this title.
"Sign, incidental" means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message greater than one square foot shall be considered incidental.
"Sign, integral roof" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
"Sign, marquee" means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and construed to provide protection from the weather.
"Sign, menu board" means a sign displaying the menu for a drive-up window for a fast food restaurant.
"Sign, model home" means a sign identifying a single-family residence owned by the builder as being displayed for public view.
"Sign, monument" means a freestanding sign having a low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. Monument signs must include a solid masonry base at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the monument sign. A monument sign may contain the name, logo, address, product or service of the establishment, and a changeable copy panel.
"Sign, multi-tenant freestanding" means a freestanding sign with provisions for separate sign copy for two (2) or more separate tenants located within the same development.
"Sign, nonconforming" means any sign that was lawfully constructed and maintained prior to the effective date of the ordinance afrom which this title derives and which does not conform to the requirements of this title.
"Sign, painted wall" means a sign applied to a building wall with paint and which has no sign structure.
"Sign, pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
"Sign, pole." A sign that is mounted on a pole or other support so that the bottom edge of the sign cabinet is more than eight feet above grade. A pole sign is a prohibited sign.
"Sign, political" means a sign identifying and urging voter support for a particular election issue, political party, or candidate for public office.
"Sign, portable" means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels; signs converted to A-frame or T-frame; menu or sandwich board signs; and umbrellas used for advertising.
"Sign, projecting" means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
"Sign, pylon." A freestanding sign other than a pole sign, permanently affixed to the ground by two columns or supports with the sign face contained entirely between the two columns and the bottom edge of the sign cabinet is a minimum of eight feet above grade.
"Sign, real estate" means a sign that advertises a parcel of land or a structure for rent, lease or sale. An apartment sign as defined in this chapter shall not be deemed to be a real estate sign.
"Sign, residential" means any temporary sign located in a district zoned for residential uses that may include political matter, notice of sale or rent of the property upon which it is located, advertisement for home contractors, or other messages not otherwise prohibited.
"Sign, roof" means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
"Sign, sandwich board." A portable sign consisting of two panels of equal size, which are hinged at the top or one panel with a support and placed on the ground or pavement so as to be self- supporting.
"Sign, searchlight" means an apparatus for projecting a powerful beam or beams of light.
"Sign setback" means the minimum distance required between any property line and any portion of a sign or sign structure.
"Sign spacing" means sign spacing shall be measured along a straight line, being the shortest horizontal distance between two signs.
"Sign, suspended" means a sign that is suspended from the underside of a horizontal plane surface and is supported by such a surface.
"Sign, temporary" means any sign that is used only temporarily and is not permanently mounted.
"Sign, tenant blade." A smaller pedestrian-oriented sign that is affixed perpendicular to the building façade under a canopy or awning or immediately over a tenant space and provides identification for individual tenants within a building.
"Sign, vehicle" means any sign attached to or painted on vehicles parked and visible from the public right-of-way.
"Sign, wall" means any sign attached parallel to, but within six inches of, a wall, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such a wall or building, and which displays only one sign surface. For the purpose of this section, awnings, canopy fascias and mansards extending along a building side shall be considered a part of the wall. Lighted signs in a window affixed to a window, or otherwise located for the purpose of being viewed from the exterior of a building through a window shall also be considered a wall sign.
"Sign, window" means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
"Solar energy systems (ground- or roof-mounted)." Refer to "alternative energy systems."
"Sound pressure." The average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.
"Sound pressure level." The sound pressure mapped to a logarithmic scale and reported in A-weighted decibels (dB(a)).
"Spacing." Refer to "sign spacing."
"Special exception" is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would be wholly compatible with conditions affecting the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if approved by the board of adjustment (See Chapter 17.16).
"Special interest vehicle" means a motor vehicle of any age that has not changed from original manufacturers' specifications, and because of its historic interest, is being preserved by a hobbyist.
"Specified anatomical areas" means human genitals in a state of sexual arousal.
"Specified sexual activities" means and includes any of the following:
1.
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; and
3.
Masturbation, actual or simulated; or
4.
Excretory functions as part of or in connection with any of the activities set forth in 1 through 3 above.
"Stable or barn (commercial)" means a structure or building used for the boarding and quartering of horses, cows or other domestic livestock on a fee or other renumeration basis.
"Stable or barn (private)" means a structure or building used for quartering horses, cows or other domestic livestock of the property owner.
"Storefront." A store or other establishment that has frontage on a street or thoroughfare; usually containing display windows.
"Story" means that part of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
"Street" means a public way between two right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public and accepted by the city for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.
"Street designations." The following street designations shall be established for all streets within the FBC district and are in accordance with the street types defined in Chapter 7 of the comprehensive plan:
1.
"Arterial." The arterial is a major thoroughfare connecting the city to adjacent cities and to the freeway system. Typically, the arterial shall establish a hybrid development context in a FBC district that has a more pedestrian friendly development context at the intersections of streets and major driveways. Auto-related functions and surface parking is accommodated in the middle of the block. Surface parking shall be screened from the Arterial with a "slip lane," on-street parking and/or landscaping.
2.
"Collector street." The collector street carries traffic which connects local residential and commercial areas within the city. The collector is intended to balance pedestrian orientation with automobile accommodation.
3.
"Local street." The local street is intended to provide the most pedestrian friendly development context. Buildings along local streets shall be held to the highest standard of pedestrian-oriented design. The local street carries traffic from within a neighborhood to collector streets and arterials.
4.
"Alley." A public way permanently reserved as a secondary means of access.
5.
"Interior street." A vehicular driveway located in the interior of lots providing access to parking and outbuildings and may contain utility easements. Interior streets which provide access across a lot shall comply with the streetscape standards.
"Street frontage" means the distance for which a lot line of a lot adjoins a publicstreet, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
"Street line" means the right-of-way of a street.
"Street screen." A freestanding wall or living fence built along the frontage line or in line with the building façade along the street. It may mask a parking lot or a loading/service area from view or provide privacy to a side yard and/or strengthen the spatial definition of the public realm.
"Structural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the city building code.
"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards, and poster panels.
"Stucco." Stucco shall be considered a masonry material when composed of cementitious ingredients, aggregate and water to create an exterior surface and moisture barrier with the aesthetics consistent with other masonry material of block, brick and/or stone. Stucco shall be applied using a three-step process over galvanized metal lath mesh to a minimum of three-quarters-inch thickness or by other processes producing comparable cement stucco finish with equal or greater strength and durability. It must meet the requirements of the American Concrete Institute ACI 524, Guide to Portland Cement Plastering and the Portland Cement Association Stucco Manual, and the American Society for Testing and Materials (ASTM) specifications for Stucco and Plaster.
"Thoroughfare" means as defined in the city's latest approved comprehensive plan.
"Tile roof." A roofing material composed of clay, concrete, slate and/or a similar local natural material. For the purposes of this title, clay, concrete, slate and/or similar tiles comply with the architectural requirements for tile roofs in the residential zoning districts.
"Tourist home" or "dude ranch" means a dwelling in which accommodations are provided or offered for transient or temporary guests for compensation.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennae, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, personal telecommunications towers and similar structures.
"Tower height" means the height above grade of the fixed portion of the tower, including the wind turbine and blades.
"Townhouse" means a single family dwelling facility constructed in a series, or group of units having common walls, each on a separate lot of record.
"Transition zones." The areas with specific adjacencies within which certain limitations on building heights apply as established.
"Transitional surface" means inclined planes that connect the approach/departure clearance surface (slope), the conical surface, and the horizontal surface (a horizontal plane at one thousand, one fifty feet mean sea level. The horizontal extent is defined in the latest adopted edition of the Air Installations Compatible Use Zones (AICUZ) report for NAS Fort Worth JRB (2004 or later).
"Travel trailer" means a mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highway as contrasted to a mobile home.
"Turbine." Refer to "alternative energy systems."
"Understory/accent trees." Small evergreen or deciduous perennial woody plants which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics. Refer to Table 17.98.080, Recommended Plants.
"Unified commercial development" means commercial developments located within "E", "F", "G" and "HC" zoning districts, with adjacent, adjoining property lines which abut or adjoin a public or private street that are developed, platted, phased, used, managed or marketed as a group, which may share drive aisles, shared parking and multiple pad sites.
"Unified commercial sign" means a freestanding sign located on a specified commercial or industrial development that is platted, managed, or marketed as a single identifiable development with designated boundaries and includes off-site business identifications of business and/or activities located on other lots within the identifiable development when such sign, boundaries of properties involved, and conditions are approved by the planning and zoning commission.
"Utility grid wind energy system. Refer to "alternative energy systems."
"Utility facilities" means any water supply, water treatment, water pumping, water storage or other water facility; any sewerage treatment or pumping facility; any electrical generating facility, electrical transmission, switching facility, or electrical substation; any telephone exchange or other similar telephone communication facility; any natural gas pumping or storage facility; or any cable television receiving or transmission facility, when owned and operated by the City of Benbrook the Benbrook Water Authority, or any utility or communications concern operating under a franchise approved by the city council.
"Wind energy system." Refer to "alternative energy systems."
"Variance." A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. Except as specifically authorized in Chapter 17.100 and Chapter 17.16, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by variance except as provided in Chapter 17.100 and Chapter 17.16, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.
"Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty inches above the general ground level of the graded lot upward, provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture, and roof overhangs not exceeding thirty inches, may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
"Yard, front" means a yard extending between side lot lines across the front of a lot adjoining a public street. (See Figure 17.08-3) In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the planning director may waive the requirement for the normal front yard and substitute a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of the depths required for second front yards in the district shall be provided on the other frontage.
In the case of corner lots with more than two frontages, the planning director shall determine the front yard requirements, subject to the following limitations:
1.
At least one front yard shall be provided having the full depth required generally in the district;
2.
No other front yard on such lot shall have less than the minimum required second front yard for corner lots.
Depth of required front yards shall be measured at right angles to the front lot line.
"Yard, rear" means a yard extending across the rear of the lot between lot lines. In the case of through lots there will be no rear yards, but only front and side yards. All other lots will have rear yard. (See Figure 17.08-3)
Yard, side" means a yard extending from the rear line of the required front yard to the front of the required rear yard, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. (See Figure 17.08-3) Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.
Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.
In cases where a rear lot line is not evident, or if evident but not parallel to the front building line, the minimum rear yard requirement shall be the distance from the rear-most point of the lot along a line from that point drawn perpendicular to a line drawn from the foremost points of the two side lot lines, providing that the rear yard is parallel to at least one lot line along the rear of the lot.
"Yard, special." A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Planning Director shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
(Ord. No. 1344, § 1, 10-18-2012; Ord. No. 1348, § 1, 7-18-2013; Ord. No. 1350, § 1, 7-18-2013; Ord. No. 1356, § 1, 10-17-2013; Ord. No. 1371, § 1, 6-5-2014; Ord. No. 1393, § 3, 1-21-2016 ; Ord. No. 1398 , § 1, 8-18-2016)
Figure 17.08-3
YARD ORIENTATION