§ 4. DEFINITIONS

The following words, terms, and phrases, when used in this appendix, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The terms not defined herein shall be construed in accordance with the ordinances of the city or their customary usage and meaning.

When necessary for a reasonable construction of this ordinance, words in the singular shall include the plural, words in the plural shall include the singular, and words used or defined in one tense or form shall include other tenses or derivative forms. The word "building" shall include the word "structure," the words "shall" or "will" are mandatory and the word "may" is permissive.

(1)

Accessory use: A structure or use which:

(a)

Is subordinate and incidental to and serves a principal use;

(b)

Is subordinate in area, extent and purpose to the principal structure or principal use served;

(c)

Contributes to the comfort, convenience or necessity of the occupant, business or industry in the principal structure or use; and

(d)

Is located on the same lot as the principal structure or use.

(1.1)

Aggregate window area: The total square footage of the glass or window area of a building that is visible to the public.

(1.5)

Alternative tower structure shall mean towers such as clock towers, belltowers, church steeples, water towers, light poles and similar alternative design mounting structure that camouflage or conceal the presence of antennae and towers.

(1.6)

Antennae: Any exterior apparatus designed for telephonic, radio or television communications through the sending or receiving of electromagnetic waves.

(1.7)

Architectural masonry unit: A half-height, integrally pigmented concrete masonry unit manufactured to resemble brick.

(1.8)

Awning: An architectural projection attached to the facade of a building. An awning is composed of a frame over which is placed a cover of fabric, metal, or glass.

(2)

Basement: 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.

(3)

Reserved.

(3.5)

Brick: Material made from clay or shale, usually formed into a rectangular prism, which has been burned or fired in a kiln and manufactured to ASTM C216, Standard Specification for Facing Brick (Solid Masonry Units Made from Clay or Shale) or ASTM C652, Standard Specification for Hollow Brick (Hollow Masonry Units Made from Clay or Shale), Severe Weather (SW) grade.

(4)

Buildable area: The portion of a lot remaining after required yards have been provided.

(5)

Building: Any structure built for the support, shelter and 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.

(6)

Building height: The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to: (a) the highest point of the roof's surface if a flat surface, (b) the deck line of mansard roofs, or (c) the mean height level between eaves and ridge for hip and gable roofs; and, in any event, excluding chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, antennaes, ornamental cupolas, steeples, domes, spires, and parapet walls not exceeding ten feet in height.

If the street grade has not been officially established, the average front yard grade shall be used for a base level.

(7)

Building line: A line usually parallel to the property line, which is the outermost line of permissible building construction.

(8)

Business frontage: The linear measurement from outer wall to outer wall of one side of a building which faces or fronts a street.

(8.1)

Business identity color: A color or combination of colors that an organization employs to make a visual statement about the organization; communicate its business philosophy; create an image that is identifiable with the organization or its product; and differentiate the organization from its competitors.

(8.2)

Canopy: A horizontally-placed roof-like structure of permanent construction supported by an adjacent structure and open on two or more sides.

(8.3)

Canopy, fuel-station: An overhead shelter located above automotive fuel pumps.

(8.4)

Channel letters: Raised cut-out letters or connected lettering mounted on a building or on another surface by a mounting channel or similar mounting.

(8.5)

Child care center: A child care facility providing for seven or more children.

(8.6)

Child care facility: A structure or premises at which the care, training, education, custody, supervision, and/or preschool activities for children are provided for less than 24 hours per day, excluding a structure or premises that provides only direct instruction in a single skill, talent, ability, expertise, or proficiency, including, but not limited to, dance, martial arts, and mathematics.

(8.7)

Child care home: A child care facility providing for six or fewer children, at any given time, not related within the second degree by blood, marriage, or adoption to the caregiver, owner or operator, regardless of whether or not the services are operated for a profit or charges are made for the services it offers.

(9)

City: The City of Missouri City, Texas.

(10)

City council: The city council of the City of Missouri City, Texas.

(11)

Cluster subdivision: A development pattern in which small lot homes are arranged in groups or clusters rather than spread evenly as in conventional lot-by-lot development. The intent of clustering is to create usable open space for residents which is to be owned and used in common with other resident owners.

(11.1)

Color band: A horizontal strip of a single color that is located around the sides of a canopy.

(11.2)

Commercial message: A message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities or possible substitutes for those things which are the subject of the message and that:

(a)

Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire;

(b)

Attracts attention to a business or to products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire.

(11.3)

Concrete masonry unit: A solid or hollow core block made from cast concrete and aggregate complying with the standards for ASTM C90, Standard Specification for Loadbearing Concrete Masonry Units.

(11.4)

Concrete masonry unit, split-face: A concrete masonry unit manufactured to have a fractured or roughened surface.

(11.5)

Concrete tilt-wall: A wall built using a technique in which concrete elements are formed on a concrete slab, cured and then tilted from a horizontal position to a final, vertical position.

(12)

Condominium: A form of ownership wherein residents own the interior space, appliances and accessories in their individual living units. All other elements of a condominium development (structural systems, grounds, etc.,) are owned in common with other resident owners.

(13)

Credit access business: A credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan. For purposes of this definition, the following words, terms, and phrases, shall have the meanings ascribed to them:

(a)

Credit services organization: A person who provides, or represents that the person can or will provide, for the payment of valuable consideration any of the following services with respect to the extension of consumer credit by others:

i.

Improving a consumer's credit history or rating;

ii.

Obtaining an extension of consumer credit for a consumer; or

iii.

Providing advice or assistance to a consumer with regard to subsection (13)(a)(1) or (13)(a)(2).

(b)

Consumer: An individual who is solicited to purchase or who purchases the services of a credit services organization.

(c)

Deferred presentment transaction: A transaction in which: (1) a cash advance in whole or part is made in exchange for a personal check or authorization to debit a deposit account; (2) the amount of the check or authorized debit equals the amount of the advance plus a fee; and (3) the person making the advance agrees that the check will not be cashed or deposited or the authorized debit will not be made until a designated future date. This definition does not preclude repayment in more than one installment.

(d)

Extension of consumer credit: The right to defer payment of debt offered or granted primarily for personal, family, or household purposes or to incur the debt and defer its payment.

(e)

Motor vehicle title loan: A loan in which an unencumbered motor vehicle is given as security for the loan. The term does not include a retail installment transaction under V.T.C.A., Finance Code ch. 348 or another loan made to finance the purchase of a motor vehicle.

(14)

Reserved.

(14.5)

Dumpster: Any solid waste or recycling collection device with a capacity of 100 gallons or greater.

(15)

Duplex: An attached residential building containing two dwelling units designed for occupancy by not more than two families.

(16)

Dwelling, single-family: A detached residential dwelling unit, other than a manufactured home, designed for and occupied by one family only.

(17)

Dwelling, multifamily: A residential apartment building designed for occupancy by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

(18)

Dwelling unit: A residential unit providing complete, independent, living facilities for one family including permanent provisions for living, sleeping, cooking, eating and sanitation.

(19)

Existing unrecorded tract: Parcels of land which have been subdivided prior to the date of this ordinance without having been officially approved by the city through the normal platting procedure.

(19.1)

Exterior Insulation and Finish System (EIFS): A building exterior wall cladding system that provides exterior walls with an insulated finished surface and waterproofing in an integrated composite material system.

(19.5)

FAA: The Federal Aviation Administration.

(20)

Family: One or more persons occupying a premises and living as a single housekeeping unit with single kitchen or culinary facilities as distinguished from a group occupying a boardinghouse, lodging house, hotel, club, fraternity or sorority house.

(20.5)

FCC: The Federal Communications Commission.

(21)

Fence: Any enclosing barrier, constructed of wood, metal or any other material, regardless of its use or purpose.

(21.1)

Floor area: The sum of the enclosed areas on all floors of a building or buildings measured from the outside of exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies, and any belowground floor areas used for access and storage. Open terraces, patios, balconies, carports, garages, breezeways, unenclosed porches and the like are excluded from floor area calculations.

(22)

Garage: An enclosed structure designed and/or actually used for the primary accessory purpose of housing automobiles.

(23)

Reserved.

(24)

Greenbelt: An area designed and allocated for the purposes of providing an aesthetic area or plaza between a building complex and the adjacent property. Alleys, parking areas, driveways, buildings or structures are prohibited within the greenbelt except for utility easements and public or private streets for ingress and egress.

(24.1)

High density residential use: Residential uses with a density greater than or equal to 15 dwelling units per acre, and less than or equal to 20 dwelling units per acre.

(24.2)

High intensity nonresidential use: Nonresidential uses with a ratio of floor area to lot area above 30 percent, or a traffic generation rate of 7,000 or more vehicle trips per day.

(25)

Home occupation: A business, profession, occupation or trade conducted within a residential building or accessory structure associated with a residential building by a resident of the residential building which is incidental and secondary to the residential character of the use of such building or structure.

(25.5)

Hotel : A building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodginghouse, inn, roominghouse, or bed and breakfast. The term does not include:

(1)

A hospital, sanitarium, or nursing home; or

(2)

A dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by V.T.C.A., Education Code § 61.003, used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution.

(26)

HUD—Code manufactured home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, 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 dwelling with or without a permanent foundation when connected to the required utilities, and including 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).

(26.1)

Independent business establishment: A detached single-occupant commercial or industrial business establishment located either: (1) on an individually platted tract or lot or (2) on a platted tract or lot in a commercial or industrial subdivision separate from a shopping center or integrated business development within such subdivision and only incidentally sharing parking facilities and driveway access.

(26.5)

Industrialized housing: A residential structure that is:

(a)

Designed for the occupancy of one or two families; and

(b)

Constructed in one or two modules or constructed using one or more modular components built at a location other than the permanent site; and

(c)

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

(26.6)

Integrated business development or shopping center: A group of commercial or industrial business establishments that is planned, owned, or managed as a single property; shares on-site parking facilities and common driveways; and operates as a contiguous development unit.

(27)

Lot measurements:

(a)

Area of the lot shall be the net area of the lot, expressed in square feet or acreage, and shall not include portions of any public street or alley.

(b)

Depth of the lot shall be the average distance between the front and rear property lines.

(c)

Width of the lot shall be the average distance between the side property lines.

(28)

Lot of record: An area of land designated as a lot on a subdivision plat duly recorded with the county clerks of Harris and/or Fort Bend Counties, Texas; or an area of land held in single ownership described by metes and bounds in a deed recorded or registered with the county clerk.

(29)

Lot types:

(a)

Corner lot: A lot abutting 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 director of development services.

(b)

Interior lot: A lot other than a corner lot with only one street frontage and whose side lot lines do not abut any street.

(c)

Double frontage lots: A lot other than a corner lot which abuts more than one street.

(29.1)

Low density residential use: Residential uses with a density of less than six dwelling units per acre.

(29.2)

Low intensity nonresidential use: Nonresidential uses with a ratio of floor area to lot area below 15 percent, and a traffic generation rate of less than 1,500 vehicle trips per day.

(29.3)

Major entrance to a subdivision: The location on the perimeter of a development which is intersected by the right-of-way of a major thoroughfare and which is intended to serve as one of the most utilized means of public access to a subdivision.

(29.4)

Masonry: A form of construction composed of architectural masonry units, brick, stone, stucco, Exterior Insulation and Finish System (EIFS), tile, split-face concrete masonry units, concrete tilt-wall, or other similar concrete products.

(29.5)

Medium density residential use: Residential uses with a density of greater than or equal to six dwelling units per acre, and less than 15 dwelling units per acre.

(29.6)

Medium intensity nonresidential use: Nonresidential uses with a ratio of floor area to lot area greater than or equal to 15 but less than or equal to 30 percent, and a traffic generation rate of less than 7,000 vehicle trips per day.

(30)

Manufactured home: Means a HUD-Code manufactured home or a mobile home and collectively means and refers to both.

(31)

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 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.

(32)

Module or modular component: A structural part of housing or a building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without damage or removal and reconstruction of a part of the housing or building.

(33)

Reserved.

(34)

Reserved.

(35)

Reserved.

(36)

Noncommercial message: A message that is not a commercial message.

(37)

Nonconforming use: Any lot, structure, use of land or structure, or characteristic of use which was lawful before this ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. A nonconforming use may relate to land, building, structure or any part thereof.

(38)

Reserved.

(39)

Reserved.

(40)

Open space: Area, excluding parking or paved area but including 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.

(40.5)

Outside storage: The outside placement of materials, merchandise, or equipment overnight.

(40.6)

Park or parking: The halting of a vehicle, whether occupied or not.

(41)

Patio home subdivision: A development designed for small lot single-family detached dwelling units which are situated on their respective lots so as to provide maximum usable open space for the private use of occupants of each individual unit. Usable open space is achieved by allowing one side building line and property line to coincide and the orientation of windows and doors toward the remaining yards.

(41.1)

Pawnshop: A business meeting the definition of a pawnshop, as that term is defined by V.T.C.A., Finance Code § 371.003, that has been licensed to transact business by the consumer credit commissioner.

(41.5)

Pedestrian-scaled: Design techniques that enhance a pedestrian's experience of the built environment by providing elements such as, but not limited to, building entries that are visible from the street and clearly identifiable, lighting which is no greater than 16 feet in height, protection from the weather, and roadways, buildings, signage, and parking lots designed for the convenience and comfort of pedestrians as well as motorists.

(42)

Person: Any natural person or entity created or recognized by law, including, but not limited to, a corporation (profit or nonprofit), partnership or association.

(43)

Planned unit development (PD): A land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces and the preservation of significant natural features.

(43.5)

Reserved.

(44)

Premises: A lot of record that is not divided by any public highway, tollway, street, alley, or right-of-way.

(44.5)

Portable storage unit: A standardized, reusable vessel, container, receptacle or structure that was originally and specifically designed for or is used in the stowing, packing, shipping, movement or transportation of freight, articles, goods or commodities, and is designed for or capable of being mounted or moved on a truck.

(44.6)

Pretreatment : Means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in water or wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a water or wastewater collection, treatment and disposal system located in a municipal utility district or the city's utility service area.

(44.7)

Primary entrance : A location on a premises or building that is intended to serve as the most utilized means of public access to the premises or building.

(45)

Principal building : The building or buildings on a lot which are occupied by the primary use.

(45.5)

Private water or wastewater treatment and disposal system: Means a water system or a wastewater treatment and disposal system, and extensions or enlargements thereof, which may include, but is not limited to, a well or a septic tank, used by a lot of record on which the water or wastewater treatment and disposal system is located for the supply, treatment or disposal of water or wastewater. A private water or wastewater treatment and disposal system does not include a system used for the pretreatment of water or wastewater or for water recycling or reuse.

(46)

Project, completion of: Project for which 90 percent of improvements have been completed toward qualification for issuance of a certificate of zoning compliance by the city. The percentage of progress shall be measured by valuation of the improvements completed relative to the total valuation of improvements approved in the building permit.

(46.5)

Projection: The part of an awning that projects from a building and which has one end attached to the building or another permanent structure.

(47)

Reserved.

(48)

Recreational space: Outdoor space or building space which is made available and maintained in a suitable condition for the purpose of passive and active recreational pursuits to the exclusion of all other uses.

(49)

Right-of-way: A strip of land either dedicated or owned by the city or other public agency and used for the purpose of a public way or roadway.

(50)

Roofline: The height above finished grade of the upper beam, rafter, ridge or purlin of any building.

(51)

Screening: Hedges, informal plantings, natural vegetative covers, berms, or manmade fences or walls provided for the purpose of protecting adjacent uses from potential noise, glare, trash, odor, visual disorder, or other harmful, intrusive or noxious effects.

(52)

Setback: The distance between a wall or any projection of a building and the property line excluding steps and unenclosed porches.

(53)

Sexually oriented business means a semi-nude studio, modeling studio, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or any other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide or to be used to provide sexual stimulation or sexual gratification to the customer. Sexually oriented business may not be construed to include:

(i)

Any business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber performing functions authorized under the licenses held;

(ii)

Any business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts;

(iii)

Any establishment where a person appears in a state of nudity in a modeling class operated by a proprietary school licensed by the State of Texas, a college, junior college, or university supported entirely or partly by taxation; 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 in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in class a student must enroll at least three days in advance of the class, and where no more than one nude model is on the premises at any one time; or

(iv)

A bookstore, movie theatre, or video store, unless that business is an adult bookstore, adult movie theatre, or adult video store pursuant to chapter 18 article VII [V], or otherwise constitutes a sexually oriented business.

(54)

Reserved.

(55)

Sign: Any structure, part thereof, device or inscription located upon, attached to, or painted or represented on any land, or on any building, structure, awning, canopy, marquee, other similar structure, or vehicle or trailer, displayed or shown so as to be visible from the outside of the structure or vehicle or trailer and which displays or includes any numeral, letter, model, banner, emblem, insignia, symbol, device, monogram, heraldry, light, or other representation used as or in the nature of an announcement, advertisement, attention-getting device, direction, warning, or designation of any person, firm, group, organization, corporation, association, place, commodity, product, service, business, profession, enterprise, industry, activity, or any combination thereof.

(55.1)

Sign, A-frame: A portable sign that forms an "A"-shaped structure.

(55.2)

Sign, awning: A sign that is located on an awning.

(55.3)

Sign, canopy: A sign that is located on a canopy.

(55.4)

Sign, changeable message: A sign face consisting of movable text or images that allows the sequence and rate of change of the message to be modified automatically, manually, or electronically.

(55.5)

Sign, construction site: A sign pertaining to the construction of a structure or premises other than an individual single-family or two-family residential structure or premises.

(55.6)

Sign, directional: A sign designed to direct pedestrian or vehicular traffic.

(55.7)

Sign, entry monument: A monument sign located at a major entrance to a subdivision or at the entrance to a platted section of a subdivision.

(55.8)

Sign, feather: A portable sign made of fabric, or similar material, supported by a lightweight pole and commonly called a bow, feather flag, tear drop, or ribbon sign. A feather sign does not include a flag sign.

(55.9)

Sign, flag: A piece of fabric, usually rectangular in shape, attached to a flagpole. A flag sign does not include a feather sign.

(55.10)

Sign, garage sale: A portable sign pertaining to the occasional sale of personal household goods.

(55.11)

Sign, human: A portable sign held by or attached to a human being, including a person dressed in costume, for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, entertainment, or product.

(55.12)

Sign, menu board: An on-premises sign located in a drive-through or drive-in for patrons who remain in a vehicle or walk up to a window and designed to be read from a distance no greater than ten feet from the sign face of the sign.

(55.13)

Sign, model home directional: A sign designed to direct pedestrian or vehicular traffic to a model home within a residential subdivision.

(55.14)

Sign, monument: A freestanding sign not attached to any building that is mounted on a sign base and anchored in or attached directly to the ground.

(55.15)

Sign, multi-faced: A single sign with two or more sign faces.

(55.16)

Sign, nameplate: A sign which denotes only the name of the occupant of the premises.

(55.17)

Sign, off-premises: A sign that identifies, directs attention to, or advertises a business, profession, activity, commodity, service or entertainment located or offered elsewhere than on the same premises on which such sign is located.

(55.18)

Sign, on-premises: A sign that identifies, directs attention to, or advertises a business, profession, activity, commodity, service or entertainment located on the same premises on which such sign is located.

(55.19)

Sign, panel: A solid face wall sign, without internal illumination, having applied vinyl or flat cut-out letters, symbols, or pictures.

(55.20)

Sign, political: A portable sign that contains primarily a political message.

(55.21)

Sign, portable: A sign that is constructed or designed to allow the sign to be moved from place to place and that is not permanently secured to the ground, support, or an anchor nor attached to an approved structure, support, or anchor.

(55.22)

Sign, private community recreational facility monument: A monument sign that identifies, directs attention to, or advertises a residential subdivision recreational facility.

(55.23)

Sign, pylon or pole sign: A sign that is mounted on poles or a structure in such a manner that the sign itself is not contiguous with the ground or mounted upon a building.

(55.24)

Sign, real estate: A portable sign pertaining to the sale, rent, or lease of subdivided residential real property.

(55.25)

Sign, residential contractor identification: A portable sign pertaining to the construction, repair, or maintenance of an individual single-family or two-family residential structure or premises.

(55.26)

Sign, searchlight: An outdoor lighting apparatus used to attract attention to a business, profession, activity, commodity, service, entertainment or a specific location.

(55.27)

Sign, special event: A sign pertaining to a properly authorized special event.

(55.28)

Sign, temporary display: A portable sign consisting of banners, small balloons, pennants, streamers, or a combination thereof.

(55.29)

Sign, theater: A marquee sign or poster announcing current or future attractions at a theater that is visible from the exterior of the theater building.

(55.30)

Sign, vacant property: A sign secured to the ground that pertains to the sale, rent, lease, or development of undeveloped real property, other than subdivided residential lots, or developed, but unoccupied, real property located only within an integrated business development or an independent business establishment.

(55.31)

Sign, vehicle: A sign on a vehicle or a sign on a trailer.

(55.32)

Sign, wall: All flat signs, either of solid face construction or individual letters, symbols, or pictures, which are located on the exterior wall of a building.

(55.33)

Sign, warning: A sign, including a sign denoting no trespassing or the existence of a security system or a guard dog, cautioning the public about a condition regarding the premises upon which such sign is located.

(55.34)

Sign, window: A sign, including posters and other announcements, supported by, attached to, applied or painted on the inside or outside of the glass surface of a window or door or located inside of a building which is designed to be viewed from the exterior of the building.

(56)

Sign area: The total square footage of all sign facing, including that portion of the supporting structure or trim which carries any wording, symbols, identifying color or pictures.

(56.1)

Sign base: The above-ground foundation of a sign, including the exposed concrete footing for the sign.

(56.2)

Sign encasement: The masonry portion of a sign that surrounds the sign face and the sign frame.

(57)

Sign face: The surface of any sign upon, against or through which a message is displayed or illustrated. The word "sign face" shall include the word "sign facing."

(57.5)

Sign frame: The outermost border of a sign face.

[(57.7)]

Solid waste receptacle: An object, including, but not limited to, a container, a bag, or a dumpster, in which solid waste is placed.

(58)

Specialty shop: A store specializing primarily, but not solely, in the sale of a particular commodity, such as glassware, antiques, bathware, kitchenware, or record shop.

(58.5)

Stone: Naturally occurring materials such as granite, marble, limestone, slate or river rock and may include cast or manufactured materials, provided that such materials yield a highly textured stone-like appearance and are unpainted, durable and maintenance-free.

(58.6)

Storefront: The area of a building frontage that contains the building entry and one or more windows.

(59)

Story: That portion of a building between the surface of a floor and a ceiling immediately above.

(60)

Street: A thoroughfare which affords principal means of access to abutting property.

(61)

Street frontage: The length of a lot or tract of land which is adjacent to a public or private street.

(62)

Structure: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground.

(62.5)

Stucco: A material made of Portland or blended cement, sand, lime and water and used as a coating for exterior walls and other exterior surfaces.

(63)

Subdivision: The division of any lot, tract or parcel of land by plat, map or description into two or more parts for the purpose of sale, rental, lease or division of ownership.

(64)

Temporary construction equipment yard: A parcel of land on which construction equipment and materials used in a public works construction project, such as a public thoroughfare or drainage improvement project, are temporarily stored indoors or outdoors. Such parcel of land is at a location other than the site of such public works construction project.

(65)

Tenant, major: Any tenant in an integrated business development:

(1)

Occupying at least 20 percent of the building floor area or building frontage; or

(2)

Designated as a major tenant by the property owner, with no more than one major tenant being so designated per 50,000 square feet of building floor area, or fraction thereof, per development.

(66)

Tenant, minor: Any tenant in an integrated business development that is not a major tenant.

(67)

Model home sales office site: A lot, lots or area in a section of a residential subdivision on which a model home or homes are placed or constructed for the purpose of providing a facility from which new homes to be constructed in such section of such subdivision may be marketed by the builder of such homes.

(68)

Thoroughfare (major): A roadway designed to carry high volumes of traffic which is channeled to or from collector streets at controlled intersections. Because of the traffic volume assigned to major thoroughfares these streets require the widest right-of-way and pavement.

(69)

Thoroughfares, collector: A network of streets that serves residential areas and channels traffic to or from the major thoroughfare system.

(69.5)

Tile: A manufactured piece of a hard-wearing material such as ceramic, metal or glass.

(70)

Tower: A structure constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. The term includes alternative tower structures. The term includes radio and television transmission towers, microwave towers, common carrier towers, and cellular telephone towers. A tower does not include a lightning rod, satellite dish antennae one meter in diameter or less, a receive-only home television antennae, or any satellite dish antennae two meters or less in diameter located in a nonresidential zoning district.

(71)

Transitional buffer yard: An area of land along the perimeter of a lot or parcel of land not constituting any part of a required yard and not on any portion of an existing right-of-way having thereon specified dimension, types and amounts of vegetation, or structures which may be required to reduce or eliminate the effects of land uses upon adjoining land uses or thoroughfares.

(71.5)

Trash disposal area: Any area of a property outside of a building used for the storage of any solid waste or solid waste receptacle that is not placed for collection in accordance with chapter 78 of the Missouri City Code.

(72)

Travel trailer: A mobile vehicle built on a chassis and designed and used for occasional recreational or other purposes 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 manufactured home.

(72.5)

Valance: The part of an awning that hangs vertically down from the projection portion of the awning.

(73)

Reserved.

(73.5)

Water recycling or reuse: Means the recapture of water for reuse in accordance with local, state, and federal laws, rules, and regulations.

(74)

Yard: An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward.

(75)

Work, substantial completion of: Work for which 90 percent of improvements have been completed toward qualification for issuance of a certificate of zoning compliance by the city. The percentage of progress shall be measured by valuation of the improvements completed relative to the total valuation of improvements approved in the building permit.

(Ord. No. O-88-23, § 2, 7-18-1988; Ord. No. O-88-35, §§ 2, 3, 9-6-1988; Ord. No. O-89-39, § 3, 11-20-1989; Ord. No. O-90-4, § 3, 3-5-1990; Ord. No. O-91-06, § 3, 1-21-1991; Ord. No. O-91-11, §§ 2—4, 3-4-1991; Ord. No. O-92-02, § 3, 1-6-1992; Ord. No. O-95-18, § 3, 5-8-1995; Ord. No. O-99-04, § 3, 1-19-1999; Ord. No. O-00-16, § 3, 4-3-2000; Ord. No. O-00-55, § 3, 10-2-2000; Ord. No. O-01-65, §§ 3—8, 12-17-2001; Ord. No. O-02-22, § 3, 6-17-2002; Ord. No. O-03-44, § 3, 12-15-2003; Ord. No. O-04-02, §§ 3, 4, 1-20-2004; Ord. No. O-04-42, § 3, 9-20-2004; Ord. No. O-04-56, § 3, 12-20-2004; Ord. No. O-05-32, § 3, 7-18-2005; Ord. No. O-08-11, § 3, 3-17-2008; Ord. No. O-08-38, §§ 3, 4, 7-21-2008; Ord. No. O-08-39, § 3, 7-21-2008; Ord. No. O-08-40, § 3, 7-21-2008; Ord. No. O-10-41, § 3, 10-18-2010; Ord. No. O-11-12, §§ 3, 4, 5-2-2011; Ord. No. O-11-13, § 3, 5-16-2011; Ord. No. O-11-26, §§ 3—8, 7-18-2011; Ord. No. O-12-21, §§ 3—8, 6-18-2012; Ord. No. O-12-13, §§ 3, 4, 5-21-2012; Ord. No. O-12-30, § 3, 9-17-2012; Ord. No. O-13-01, §§ 3, 4, 1-7-2013; Ord. No. O-13-42, § 2, 12-16-2013; Ord. No. O-13-43, § 2, 12-16-2013; Ord. No. O-14-30, §§ 2—4, 8-18-2014)