§ 2.01. General Definitions.

For the purpose of these regulations, words used in the present tense include the future tenses; words used in the singular number include the plural, and words in the plural include the singular, except where the natural and obvious construction of the writing indicates otherwise. The word "may" is not discretionary unless the context in which it is used indicates otherwise. The word must and shall are mandatory in every instance. For purposes of this Ordinance, certain terms and words are to be used and interpreted as hereinafter defined.

2.01.01 A-Weighted Sound Pressure Level: The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read shall be designated dB(a) or dBA.

2.01.02 Accessory Apartment: A single dwelling unit which is clearly secondary and accessory to the main dwelling unit on a residential lot, and containing not more than one thousand (1,000) square feet of habitable floor area and initially intended for the initial occupant(s) to be relatives of the occupant of the main dwelling unit of not greater than the third degree of consanguinity and the second degree of affinity. The initial occupant(s) must provide a notarized affidavit affirming the degree of consanguinity or affinity with the original certificate of occupancy application. Upon vacancy by the initial occupant(s), the relationship restriction is removed and the Accessory Apartment may be rented.

2.01.03 Accessory Building: A building customarily incidental and subordinate to the main building or use located on the same lot with the main building.

2.01.03.1 Accessory Building as a Caretaker Residence: A single attached or detached dwelling unit intended for a caretaker, owner, operator, manager, or watchman and his immediate family for any commercial or industrial use for the purposes of security and protection of the principal use. Manufactured, Modular or Industrial Homes are specifically prohibited for use as a Caretaker Residence.

2.01.04 Accessory Use: A land use activity that is customarily incidental appropriate and subordinate to the principal use of the land or buildings located upon the same premises.

2.01.05 Adult Bookstore: An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

2.01.06 Adult Mini Motion Picture Theater or Arcade: An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. Any place to which the public is permitted or limited wherein coin 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 (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on or depicting or describing sexual conduct or specified anatomical areas.

2.01.07 Adult Motel: A motel wherein material is presented which is distinguished or characterized by an emphasis on or depicting or describing sexual conduct or specified anatomical areas.

2.01.08 Adult Motion Picture Theater: An enclosed building with a capacity of more than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

2.01.09 Adult Use: Any of the land use activities described in Article 5, Section 5.06 of this Ordinance.

2.01.10 Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry, and the accessory uses for the packing, crating, or storing of produce; provided, however, the operation of any such accessory use must be secondary to that of the normal agricultural activities. The operation of commercial feed lots, sale yards and auction yards for cattle, hogs, sheep, goats, or poultry, is deemed an industrial and not an agricultural land use. See stables-private and stables-public.

2.01.11 Agricultural, Recreational: The use of land for agriculture and animal husbandry intended as a recreational activity rather than as a primarily income producing activity.

2.01.12 Alley: A public passage or way affording a secondary, means of vehicular access to abutting property and not intended for general traffic circulation.

2.01.13 Alteration or Altered: Shall include the following:

A.

Any addition to the height or depth of a structure.

B.

Any change in the location of any of the exterior walls of a structure.

C.

Any increase in the interior accommodations of a structure.

2.01.14 Ambient: The average atmospheric or water condition existing naturally in any particular area of interest at any one (1) time.

2.01.15 Apartment: Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the said building.

2.01.16 Automobile Salvage Wrecking Yard: A parcel of land where motor vehicles are disassembled, dismantled, junked or wrecked, or where motor vehicles not in operable condition and used automobile parts are stored.

2.01.17 Automobile Service Station: Any parcel of land, including the structures thereon, used for the sale of gasoline, oil, or other fuels, and automobile accessories, and which may include facilities for lubricating, washing, cleaning, mechanical repair, and other normal servicing of automobiles. Painting is not within the scope of "other normal servicing."

2.01.18 Automobile Wash: A facility designed primarily for washing automobiles.

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

2.01.20 Average Grade: The grade of the finished ground level at the midpoint of each exterior surface of a sign, or a structure, in the event that the sign is attached to the structure.

2.01.21 Bar, Dance Hall, Lounge, Night Club, or Tavern: An establishment for the sale of beer or intoxicating liquor for consumption on the premises.

2.01.22 Bed and Breakfast Home: A building or place where lodging is provided by prearrangement for definite periods, for compensation, for not more than twelve (12) persons.

2.01.23 Berm: An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

2.01.24 Block: A parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way, parks, etc., or a combination thereof.

2.01.25 Board of Adjustment: The Board of Adjustment of the City of Santa Fe, Texas.

2.01.26 Boarding House: A dwelling other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided for three (3) or more persons. The lodging of seven (7) or more individuals is prima facie evidence of the operation of a bed and breakfast as defined in this Ordinance.

2.01.27 Boundary Property Line: The near side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists the common line between two (2) parcels of property shall be interpreted as the boundary property line.

2.01.28 Building Area: That portion of a lot upon which buildings may be placed, excluding required yards and limited by the maximum building coverage as specified for each zoning district. (See Graphic 1-A at the end of this Section of the Ordinance.)

2.01.29 Building Coverage: The percent of the lot area covered by the building exclusive of all overhanging roofs.

2.01.30 Building Line: A line established generally parallel to the front street line. No building or structure may be permitted in the area between the building line and the street right-of-way line. (See Graphic 2-A at the end of this Section of the Ordinance.) The setback line next to the front yard and the front building line.

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

A.

Primary: A building in which the primary activity associated with the lot is conducted. In any residential zoning district, any dwelling shall be considered the primary building.

B.

Secondary: A building customarily incidental and subordinate to the primary building located on the same lot.

C.

Storage, Portable: A nonresidential pre-manufactured or site-built structure, normally less than one hundred and fifty (150) square feet in floor area, and commonly used for the storage of equipment and other items associated with residential living.

2.01.31.1 Building Envelope: Means the outermost walls, roofs and lowest floor of a building that fully enclose a building space, including both habitable and non-habitable volumes. In multi-tenant buildings the envelope may be defined by demising walls, floors and ceilings.

2.01.31.2 Building Site: A single parcel of land occupied or intended to be occupied by a building or structure.

2.01.31.3 Business Directory Sign: An outdoor sign used solely for the purpose of identifying the building name, address, number, primary business or activity conducted on the immediate premises. When a facility contains two (2) or more tenants, a directory sign may also identify individual tenants.

2.01.32 Cabaret: A nightclub, theater, or other establishment which features the performance by topless and/or bottomless dancers, "go-go" dancers, erotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

2.01.33 Carport: A permanent roofed structure open on at least two (2) sides, designed for the parking and shelter of private passenger vehicles.

2.01.34 Child Care Facility: A facility that provides care, training, education, custody or supervision for more than six (6) children under the age of fourteen (14) years of age who are not related by blood, marriage or adoption to the adult occupant of the associated structure.

2.01.35 City Council: The governing body of the City of Santa Fe, Texas.

2.01.36 City Planner: An employee of the City of Santa Fe, responsible for assisting in the preparation and implementation of the City Comprehensive City Plan, and other related plans and Ordinances.

2.01.37 Clinic: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including but not limited to dental and physical services.

2.01.38 Comprehensive City Plan: The planning document and related material official adopted by the City of Santa Fe, containing the goals, objectives, and policies pertaining to land use, community facilities, infrastructure, circulation, housing and other subjects related to the growth and development of the City.

2.01.39 Conditional Use: Uses and development standards that are determined in advance to often be appropriate within a zoning district but, due to either their location, function or operation, have a potentially harmfully impact on adjacent properties or the surrounding area, and furthermore, that are specifically authorized by the Zoning Ordinance when restricted or conditioned so as to mitigate or eliminate such adverse impacts.

2.01.40 Condominium: An estate in land and a form of property ownership as defined by Texas state law.

2.01.41 Construction Sign: A sign stating the name of the architect, engineer, financing company, owner, construction company and a brief description of the project.

2.01.42 Convalescent, Rest, Nursing, or Extended Care Facility: A health care facility where persons are housed, furnished with meals, and provided with continuing nursing care for compensation.

[2.01.42.5] Corner Lot: A lot abutting upon two (2) or more streets at their intersection.

2.01.42.6 Cul-de-Sac Configuration: To allow for pie shaped lots that are narrower at the front than the back to be less than the minimum width at the front of the property line and to comply with the minimum lot width at the building line instead, (2) to allow for pie shaped lots with a front width greater than the rear width to be the minimum at the back yard rear building set back line, and (3) to require the minimum frontage at the street to be 40', as depicted on Graphic 2-G, attached hereto and marked as Exhibit "B."

2.01.43 Day Care Facility: See Section "Child Care Facility" above.

2.01.44 Daytime: The hours between sunrise and sunset on any given day.

2.01.45 Decibel: A unit measurement of sound pressure.

2.01.46 Density, Residential: The number of lots, dwelling units, or persons located or residing within a residential area expressed as a function of unit area, typically per acre.

Density = Lots, dwelling units or persons ° area (in acres)

2.01.47 Density Transfer or Dwelling Unit Clustering: The substitution of common open space for private open space relinquished by the waiver of minimum yard requirements for individual buildings in a residential environment. The average density in dwelling units per acre for the total planned area remains the same as permitted in the appropriate zoning district before the clustering for an illustration of dwelling unit clustering, (see Graphic 2-C, at the end of this of the Ordinance.)

2.01.48 Development: The division of a parcel of land into two (2) or more parts; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

2.01.49 Display Surface (Sign): The surface made available for the direct mounting or application of letters, graphics and decoration including the mounting and framework surrounding said surface. The supporting standards are not a part of the display surface.

2.01.50 District Zoning: Any section or sections of the City of Santa Fe for which regulations governing the use of buildings and/or premises are described in Article 4, of this Ordinance and as shown on the Official Zoning Map of Santa Fe.

2.01.51 Drainage: The removal of surface water or groundwater from land by drains, grading or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water-supply, preservation or prevention or alleviation of flooding.

2.01.52 Dwelling or Dwelling Unit:

A.

Attached: A dwelling having one (1) or more walls common with a principal building, or joined to a principal building by a covered porch, loggia, or passage way; the roof of which is a part or extension of the principal building.

B.

Detached: A dwelling which is fully separated from any other building or joined to another building by structural members not constituting an enclosed or covered space.

C.

Mixed-Use: A dwelling unit which is a part of a project which may, be composed of residential, office, and commercial land use activities.

D.

Multiple-Family Dwelling: A dwelling designed for occupancy by two (2) or more families living independently of each other as tenants, exclusive of recreational vehicle camps, hotels, motels, or resort facilities.

E.

Townhouse or Rowhouse Dwelling: Three (3) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be rented or owned by one (1) family.

F.

Zero Lot Line Dwelling: A dwelling located on a lot in such a manner that one (1) or more of the dwelling's sides rest directly on a lot line.

2.01.52.1 Easement: A right given by the owner of a parcel of land to another person, public agency or private corporation for a specific and limited use of that parcel.

2.01.53 Erect: To build, construct, alter, reconstruct, pour, lay, move upon, attach, hang, place, suspend or affix; and also includes the painting of wall signs, murals or supegraphics, or any physical operation on the premises which are required for the construction of a sign including excavation, site clearance, landfill and the like.

2.01.54 Family: One (1) or more persons related by blood or marriage, including adopted children or a group of not to exceed five (5) persons not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, motel, club, or similar dwelling for group use.

2.01.55 Farm: See "Agriculture", above.

2.01.56 Floor Area:

A.

Gross: The sum of the horizontal areas of all floors of a building measured from the exterior faces of exterior walls or from the center line of the walls separating two (2) buildings, and including but not limited to:

1.

Basements;

2.

Elevator shafts and stairwells of each floor;

3.

Floor space for mechanical equipment with structural head room of seven (7) feet;

4.

Penthouses;

5.

Attic space providing headroom of seven (7) feet or more;

6.

Interior balconies, mezzanines, enclosed covered porches and steps;

7.

Accessory uses in enclosed covered space, but not including space used for off-street parking.

B.

Net: The total floor area within a building devoted or intended to be devoted to a particular use, within structural headroom of seven (7) feet or more, whether above or below the finished lot grade, and excluding items A2, A3, and A7 above.

C.

Ratio: A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located.

2.01.57 Floodplain: Floodplains may be either riverine or inland depressional areas. Riverine floodplains are those areas contiguous with a lake, stream or stream bed whose elevation is greater than the normal waterpool elevation but equal to or lower than the projected 100-year flood elevation. Inland depressional floodplains are floodplains not associated with a stream system but which are low points to which surrounding lands drain.

2.01.58 Footcandle: A unit of illumination intensity.

2.01.59 Frequency: The number of times per second a vibration or sound wave oscillates.

2.01.60 Frontage: The measure of property on one (1) side of a street, closest to the street right-of-way, and between the two (2) side property lines associated with the same tract of land.

2.01.61 Garage apartment: A dwelling unit for one-family erected above a private garage.

2.01.62 Garage:

A.

Private: An accessory building or a part of a main building use for storage purposes only for automobiles used solely by the occupants and their guests for the building to which it is accessory.

B.

Public: Any garage other than a private garage available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration hire or sale.

2.01.63 Gasoline Service station: See "Service Station."

2.01.64 Ground Cover: Plants normally reaching an average maximum height of not more than twenty-four (24) inches at maturity.

2.01.65 Group Home: An interim or permanent residential facility shared by six (6) or fewer people who do not meet the definition of "family" including any resident staff who share a single housekeeping unit. (This use does not include facilities that permit sleeping arrangements on a daily basis.)

2.01.66 Heavy Equipment: Motorized, self-propelled roll, rolling, stock, generally associated with earth moving grading, scraping, building site preparation, and infrastructure or real estate development.

2.01.67 High Rise Building: A structure of more than six (6) stories in height.

2.01.68 Home Occupation: An occupation that is incidental and secondary to the primary use of the premises as a residence, and which is not detrimental to adjoining properties. (Please see Article 5, of this Ordinance.)

2.01.69 Home Owners' Association: A formal nonprofit organization operating under recorded land agreements through which (1) each lot and/or homeowner in a residential subdivision or a planned unit development is automatically made a member, and (2) each lot is automatically made subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintenance of common property, and (3) the fee if unpaid becomes a lien against the nonpaying homeowners property.

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

2.01.71 Hotel or Motel: Furnished temporary, living quarters that charge daily rates and are normally intended for over-night or a few day accommodations. Hotels and motels do not include accommodations that are intended for extended stay or permanent living quarters.

2.01.72 Indirect Lighting: A light source separated from the surface and illuminating the sign surface by means of spot lights or similar fixtures.

2.01.73 Ionizing Radiation: Gamma rays and X rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light.

2.01.74 Junk Yard: A place where waste, discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled, or cleaned, and the places or yards for the storage of salvaged materials and equipment from housing wrecking and salvaged structural steel materials and equipment, but excluding establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture, and household equipment, and the processing of used, discarded or salvaged materials as a part of manufacturing operations.

2.01.74.1 Kennel: means any premises in which any person keeps, harbors, possesses, or maintains more than four (4) dogs or four (4) cats, or the combination of such animals over three (3) months old.

2.01.75 Landscaping: Any combination of living plants such as grass, ground cover, shrubs, vines, hedges or trees.

2.01.76 Loading Space: A space within the main building or on the same lot therewith provided for the standing loading or unloading of trucks and having minimum dimensions of twelve (12) by sixty (60) feet.

2.01.77 Lot: A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) principal building together with its accessory buildings; open spaces and parking spaces required by this Ordinance; and having its principal frontage upon a street or upon an officially approved point of access. (See Graphic 2-A at the end of this Section of the Ordinance.)

A.

Corner: A lot abutting upon two (2) or more streets at their intersection.

B.

Depth: The perpendicular distance between the front and the rear lot lines.

C.

Double-Frontage: A lot having direct access to two (2) parallel public streets. For purposes of this Ordinance, land abutting such streets shall be considered "front yards." (See Graphic 2-B)

D.

Line: The boundary line of the property.

E.

Frontage: The yard or yards nearest the street.

F.

Rear Line: The boundary of a lot which is most distant from, and most nearly parallel to the front lot line.

G.

Side Line: Lines running between the front and rear property lines.

2.01.78 Manufactured, Modular, or Industrialized Home: A structure, constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one (1) or more sections, which in the travel mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred and twenty (320) or more square feet in area, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, and electrical systems. This term does not include recreational vehicle.

2.01.79 Massage Parlor: Any place where for any form of consideration or gratuity: massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment manipulation or service related thereto exposes specified anatomical areas.

2.01.80 Massage Therapy Clinic: Any place of business in which massage therapy is practiced by a massage therapist as defined by Texas Law. "Massage therapy", as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower, or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myotherapy; or any derivation of those terms. The terms "therapy" and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic physical therapy, or podiatry is required by law.

2.01.81 Mixed-Use Project: A real estate complex which may include residential office, commercial and other diverse forms of land use activity; frequently created as a planned unit development.

2.01.82 Mobile Home Pad Area: An area designed for the exclusive use of an individual mobile home.

2.01.83 Mobile Home Park: Any development site, parcel or tract of land desired maintained or intended to be used for the purpose of providing long term occupancy for more than thirty (30) days of two (2) or more mobile homes or manufactured homes, including all buildings used or maintained for the use of the residents of the development. This term is not to be used in conjunction with any mobile homes or trailer sales lots which contain unoccupied units that are intended for purposes of inspection and sale. This term shall apply to both the lease and sale of pads or lots.

2.01.84 Mobile Home: A movable, detached single-family dwelling unit, constructed before June 15, 1976, conforming to the minimum housing code requirements of both the State of Texas and Santa Fe, for permanent long-term occupancy; is constructed or fabricated within a factory, complete with an integral utility system capable of being connected to an outside system; can be transported over the road on its own chassis and wheels to the site where it is to be connected semi-permanently to a separate utility system and is not permanently attached to an foundation as required for permanent conventional dwelling or structure.

2.01.85 Model Studio: Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured photographed, or similarly depicted by members of the general public paying such consideration or gratuity.

2.01.86 Motel or Motor Lodge: See "Hotel" above.

2.01.87 Nonconformance: A condition of a structure or land which does not conform to the regulations of the zoning district in which it is situated. This may include but is not limited to a failure to conform to use, height, area coverage, or off-street parking requirements.

A.

Nonconformance: The term nonconformance when applied to a use or structure shall be defined by Section 3.06, "Nonconformance" herein.

B.

Nonconformance, Legal: The term "Legal Nonconformance" when applied to a use or structure shall be defined by Section 3.06.04 "Nonconformance Status" herein.

C.

Nonconformance, Pre-Existing: Uses and development that are prohibited by Ordinance but were in existence at the time of passage of the Zoning Ordinance. The term "pre-existing nonconformance" shall mean a legal nonconformance as defined by Section 3.06.05.

2.01.88 Nonconforming Use: A structure or a parcel of land occupied by a land use activity that does not conform to the regulations of this Zoning Ordinance and the district in which it is situated and which has been identified as a nonconforming use by the Board of Adjustment.

2.01.89 Octave Band: A portion of the audible sound spectrum. An Octave Band analyzer divides the audible sound spectrum into eight (8) octave bands.

2.01.90 Odor Threshold: The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve.

2.01.91 Odorous Matter: Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists which cause an odor sensation to human beings.

2.01.92 Office Complex: Means two (2) or more offices, sharing customer parking area regardless of whether said offices or office establishments occupy separate structures or are under separate ownership, or on separate tracts of land.

2.01.93 Open Storage and Display: The storage of any equipment machinery, commodities, raw semi-finished or finished materials, and building materials, which is visible from any public street.

2.01.94 Parking, Interior: Parking rows which are not located on the periphery of the proposed project site and further, where none of the parking spaces abut any property line associated with the project site.

2.01.95 Parking Rows:

A.

Single Parking Row: A single row of spaces for the parking of motor vehicles.

B.

Double Parking: Two (2) parallel rows of spaces for the parking of motor vehicles arranged so that when parked, the front end of each motor vehicle faces the front end of another motor vehicle.

2.01.96 Parking Space: A permanently paved surfaced area enclosed or unenclosed, sufficient in size to store one (1) automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. For the purposes of this Ordinance, the size of a parking space shall be in conformance with Article 6, of this Ordinance.

2.01.97 Particulate Matter: Finely divided solid or liquid matter, other than water, which is released into the atmosphere.

2.01.98 Paving: A system of structuring base material and sealing an impervious wear surface, done in accordance with specifications provided by the Zoning Officer. Examples of hard surface, dust-free paving include asphalt, concrete or a chip sealed surface as described by the Texas Department of Transportation specifications.

2.01.99 Person: Any individual, firm, corporation, partnership or association of persons of whatever nature or description.

2.01.100 Planned Unit Development or Cluster: An area with a specified minimum contiguous acreage to be developed as a single entity according to a unified site design plan, containing one (1) or more residential uses, office uses, commercial uses, industrial uses, public or quasi-public uses, or any combination of same. (See Graphic 2-C, at the end of this Section of the Ordinance.)

2.01.101 Planning and Zoning Commission: The Planning and Zoning Commission of the City of Santa Fe, Texas.

2.01.102 Portable Sign: A sign mounted on wheels, skids, or legs intended to be moved from location to location and used as a short-term temporary advertising device. Limited to two (2) sign faces with a maximum area of thirty-two (32) square feet per sign face.

2.01.103 Private Club: An establishment providing social or dining facilities, and which derives more than fifty (50) percent of its gross sales from the sale of alcoholic beverages.

2.01.104 Prohibited Uses: Uses and development standards that are not determined in advance and are not specifically authorized by the Zoning Ordinance.

2.01.105 Recreational Vehicle: A portable vehicle built on a chassis and intended to be used generally for temporary living and sleeping quarters for travel, recreation and vacation purposes. The term includes travel trailers designed to be towed, motor homes designed as temporary dwellings equipped to travel under their own power, and any other portable contrivances intended to be used as temporary living and sleeping quarters which may be moved under its own power, towed or transported by another vehicle. This definition does not include mobile homes.

2.01.106 Reflective Surface: Any material or device which has the effect of intensifying reflected light, including but not limited to scorch light, lamp glow, glass beads and luminous paint.

2.01.107 Restaurant:

A.

Conventional: An eating establishment, including cafeterias, where customers are primarily served at tables or are self-served and food is consumed on the premises, and which may, include a drive-in window.

B.

Drive-In: An eating establishment where food is served to customers in motor vehicles or where facilities are provided on the premises which encourage the selling and consumption of food in automobiles on or next the restaurant premises.

2.01.108 School, Parochial: A private school maintained by a religious body usually for elementary and secondary instruction.

2.01.109 School, Private: A school that is established, conducted and primarily supported by a non-governmental agency, excluding residences within which a home school, as defined by the Texas Education Code, has been established.

2.01.110 Screen: An opaque barrier of stone, wood, brick, block or other permanent material at least six (6) feet in height.

2.01.111 Setback: A distance between the lot line and the building line. (See Graphic 2-A at the end of this Section of the Ordinance.)

2.01.112 Sexual Conduct: includes the following:

A.

The fondling or touching of human genitals, pubic region, buttocks, or female breasts; or

B.

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, anal copulation, masturbation.

2.01.113 Shade Tree: Shall be any variety of tree having a mature height of not less than forty (40) feet and a mature drip line diameter of not less than thirty (30) feet measured at not less than fifteen (15) feet above the ground.

2.01.114 Shopping Center: A group of primarily, retail and service commercial shops planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery, separated from customer access, provision of aesthetically appropriate design and protection from the elements.

2.01.115 Sign: Shall mean any outdoor display, pictorial or other representation that shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for advertising.

A.

Sign face: That portion of the surface of a sign structure where words, letters, figures, symbols, logos, fixtures, colors, or other design elements are or may be located in order to convey the message, idea, or intent for which the sign has been erected or placed. The sign face may be composed of two (2) or more modules on the same surface that are separated or surrounded by open space or by portions of a sign structure not intended to contain any advertising message or idea and are purely structural or decorative in nature.

1.

Sign module: Each portion or unit of a sign face that is clearly separable from other such units by virtue of the expression of a complete thought, message, logo, or idea.

B.

Abandoned sign: A sign which no longer identifies or advertises a bona fide business, owner, lessor, lessee, service, product, or activity, or for which no legal owner can be found, or if found, disclaims any interest in the sign.

C.

Automatically changeable advertising: Signs with text lines that can be changed using electronic means, signs with electronic reader boards using LED lights are not considered digital signs.

D.

Billboard: A large outdoor advertising structure with any sign face greater than one hundred (100) square feet, typically found in high traffic areas such as alongside busy roads advertising goods or services not necessarily sold where the sign is located.

E.

Digital sign: Plasma display panels (PDPs), liquid crystal displays (LCDs), light emitting diode signs (LEDs), or traditional television (CRTs) being used like signage. Instead of tuning in to a television station, they are showing specially prepared dynamic visual images to make them function like signs.

2.01.116 Signs, Off-Premises: Any outdoor advertising sign which directs attention to a person, business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises on which the sign is located, or which directs persons to any location not on the premises, or which is sold, offered or conducted on such premises only incidentally, if at all. The term shall include all structures of whatever material which are erected, maintained and established for public display of posters, printed signs, pictures or other pictorial or reading matter.

2.01.117 Signs, On-Premises: Any outdoor advertising sign which directs attention to a person, business, commodity, service, entertainment, industry or activity which is sold, offered or conducted, other than incidentally, on the premises upon which the sign is located.

2.01.118 Signs, On-Premises Real Estate: Signs advertising a parcel of land or building for sale or lease and affixed to the subject building or land.

2.01.119 Signs, Outdoor Advertising: Any arrangement of letters, figures, symbols or other devices used for advertising, announcements, direction or declaration intended to attract or inform the public, whether such signs are affixed to a building or structure or free standing, whether anchored or not anchored to foundations, paving or other structures, and outside the weather surface of any enclosed building.

2.01.120 Sign Size: The area of the display area expressed in square feet.

2.01.121 Sign Structure: The supports, uprights, bracing and structural framework of any outdoor advertising sign.

2.01.122 Signs, Temporary: Signs falling in, but not limited to, the following categories shall be interpreted as temporary signs: Those advertising community events, grand openings, garage sales, of any size and when constructed of fabric or flexible plastic film; banners and flags; any sign, six (6) square feet or less in area, intended to be easily removable or intended to be erected at successive locations; and on-premise real estate signs six (6) square feet or less per face in area (intended to sell, lease or rent the property to which such real estate sign is affixed).

2.01.123 Signs, Permanent: All signs greater than six (6) square feet per face in area, including on-premise real estate signs greater than six (6) square feet shall be categorized as permanent signs regardless of their physical characteristics or original intended purpose and shall conform to all provisions controlling permanent signs.

2.01.124 Site Development Plan: A drawing showing the provisions for a proposed project including such information that enables the drawing to serve as a plat, together with information pertaining to all covenants relating to the site, location and bulk of structures intensity of use or density of development, location of streets, ways, and parking facilities; common open space and public facilities, and all other reasonable information required by the Planning Commission as a part of the review process.

2.01.125 Smoke: The visible discharge of particulate matter from a chimney, vent, or combustion process.

2.01.126 Sound Level Meter: An instrument used to measure sound intensity.

2.01.127 Special Event: Any temporary activity or event involving any public show, exhibition, street dance, carnival, circus, concert, fair, festival, trade show, or amusement of any kind outside the confines of a building or permanent structure.

2.01.128 Specified Anatomical Areas: Human genitals, the public region, buttocks, and female breasts.

2.01.129 Stable:

A.

Private: A stable for personal noncommercial use, for horses, mules, or donkeys.

B.

Public: A stable, other than a private stable, where animals are rented or leased to the public, or where shelter is provided for animals.

2.01.130 Street: Any public thoroughfare which affords the principal line between various land use activities. The City of Santa Fe has adopted a functional street classification system which is defined as follows: (See Graphic 2-D, at the end of this Section of the Ordinance.)

A.

Arterial-Primary: An expressway, freeway, or primary thoroughfare whose primary function is the movement of traffic.

B.

Arterial-Secondary: A thoroughfare whose predominate function is the movement of traffic but which provides more access than normally associated with a primary arterial.

C.

Collector: A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials.

D.

Frontage or Service Road: A collector street generally parallel to and adjacent to arterials, which provide access to abutting properties and protection from through traffic.

E.

Local: A neighborhood or minor street whose primary purpose is to provide access to abutting properties.

F.

Cul-De-Sac: A local street having one (1) end open to vehicular traffic and having one (1) end closed or terminated with a turning circle.

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

2.01.132 Structure: Anything constructed or erected, the use of which requires a location on the ground or an attachment to something located on the ground.

2.01.133 Toxic and Noxious Matter: Any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger the health safety, and conform of persons in the vicinity or which may cause injury or damage to property as defined by the United States Environmental Protection Agency, in the Toxic Substances Control Act codified at 40 CFR 700-790.

2.01.134 Tree: A large, woody plant having one (1) or several self-supporting stems or trunks and numerous branches.

2.01.135 Use: A specific activity carried out on a lot or tract of land; i.e. a single-family dwelling, a welding shop, a dentist office, are all examples of a specific activity.

2.01.136 Use-by-Right: Uses and development standards that are determined in advance and specifically authorized by the Zoning Ordinance.

2.01.137 Vibration Perception Threshold: The minimum ground or structure-borne vibrational motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

2.01.138 Vibration: A temporal and spatial oscillation of displacement, velocity or acceleration in a solid material.

2.01.139 Yard: (See Graphic 2-A at the end of this Section of the Ordinance.)

A.

Front: An unoccupied open space on the same lot with a building, located between the wall of the building nearest the street on which the lot fronts, and bounded by the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard is the distance between the nearest point of the street wall of the building and the front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard of a corner lot consisting of one (1) platted lot is the yard adjacent to that street on which the lot has its least dimension. When this question arises, the Zoning Officer shall make a final determination. If a corner lot consists entirely of unplatted land or a combination of platted land the front yard is located on the street on which the greater number of lots front regardless of whether those lots are platted or unplatted. If a corner lot consists of all or more than two (2) platted parcels of land each of whose least dimension is on the same street as the other lots in the block; then the location of the front yard is on the same street as the other lots.

Any questions as to the determination of yards associated with corner lots shall be resolved by the Zoning Officer.

B.

Rear: An unoccupied open space on the same lot with a building between the rear line of a building and bounded by the rear line extended, the side lines of the lot and the rear line of the lot. Where no rear building line exists, a line parallel to the front street line and distant as far as possible and not less than ten (10) feet long, is deemed to be the rear line. The depth of the rear yard is the distance between the nearest point of the rear wall of the building and the rear line of the lot.

C.

Side: An unoccupied open space on the same lot with a building situated between the building and the side line of the lot and extended through from the front yard to the rear yard. Any line not a rear line or a front line is deemed to be a side yard line.

D.

Exterior Side. A side yard facing any street other than the street on which the lot fronts. (See Graphic 2-B at the end of this Section)

2.01.140 Zero lot line: A common lot line on which a wall of a structure may be constructed.

2.01.141 Zoning Map: The Official Zoning Map of the City of Santa Fe upon which the boundaries of the various zoning districts are drawn and which is an integral part of this Zoning Ordinance. The Zoning Map shall be housed, maintained, and revised regularly by the City Manager or other person designated by the City Manager.

2.01.142 Zoning Officer: A municipal staff member who, working under the direction of the City Manager, assists in the implementation of this Ordinance.

2.01.143 Zoning Permit: A written permit issued by the Community Services Director certifying the use of the land, building, or sign will be in compliance with this chapter.

(Ord. No. 5-2003, 3-27-03; Ord. No. 10-2003, 4-24-03; Ord. No. 14-2003, 7-10-03; Ord. No. 19-2003, 8-28-03; Ord. No. 24-2004, 12-9-04; Ord. No. 02-2005, § 1, 3-10-05; Ord. No. 17-2006, § 1, 11-9-06; Ord. No. 05-2007, 3-8-07; Ord. No. 06-2007, 3-8-07; Ord. No. 11-2011, §§ 1—3, 8-25-11; Ord. No. 02-2014, § 1, 2-27-14; Ord. No. 14-2015, §§ 1, 2, 12-10-15)

Graphic 2-A Lot Measurements

Graphic 2-B Lot Types

Graphic 2-C Standard Residential Design

Graphic 2-D Functional Street Classification

Graphic 2-E Typical Parking Lot Layouts

Graphic 2-F Relationship Charts

Graphic 2-G Cul-de-sac Configuration

Graphic 2-H Public Hearing Sign