Certain words in this ordinance not heretofore defined are defined as follow.

Words used in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "building" includes the word "structure"; the word "lot" includes the words "plot" or "tract"; and the word "shall" is mandatory and not discretionary. (Ord. 2016-4171, 10/17/2016)

Accessory building (nonresidential): A subordinate building to the main building, the use of which is incidental and related to the main use and which is located on the same lot.

Alley: A public space or thoroughfare which affords a secondary means of access to property abutting thereon.

Apartment: A dwelling unit in a multiple family dwelling or apartment house arranged, designed or occupied as a place of residence by a single family.

Area of lot: The square foot area of a lot within the bounding property lines and exclusive of dedicated streets or alleys.

Area regulations: The regulations controlling minimum lot area, lot width, lot depth, front yard, side yard, rear yard, coverage and floor area ratio.

Basement: That portion of a building between floor and ceiling so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. A basement shall not be counted in computing the number of stories.

Block: An area enclosed by streets or if said word is used as a term of measurement, it shall mean the distance along a side of a street between two (2) intersecting streets or if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street and the end of such dead-end street.

Board: The Zoning Board of Adjustment as provided for in Section 15.

Building: Any structure designed, built or intended for the shelter or enclosure of persons, animals, chattels or movable property of any kind or for an accessory use. When separated by an absolute fire separation, each portion of such structure so separated shall be deemed a separate building. This definition shall include structures wholly or partly enclosed with an exterior wall.

Building bulk: The relationship between the total mass of a building and the site on which it is located. As herein specified, building bulk refers to floor area ratio.

Building line: A line parallel or approximately parallel to the street line at a specified distance therefrom, marking the minimum distance from the street line that a building may be erected. For existing buildings, the building line shall be the exterior wall or omitted wall line which is closest to the street.

Centerline, street or Alley: A line erected midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular, the centerline shall be determined by the Director of Public Works.

City: The word "City" shall mean the legal government of Aransas Pass, Texas.

City Council: The official Governing Body of the City.

Cottage unit: A cottage unit is any fixed building, structure or part thereof located in a tourist court and used as sleeping quarters or temporary dwelling place by one (1) or more persons living together as one (1) family.

Court: An open space bounded on more than two (2) sides by the walls of a building.

Court, inner: A court entirely surrounded by the exterior walls of a building. Such walls may have openings for access, light and air.

Court, outer: A court having one (1) side open to a street, alley, yard or other permanent open space.

Coverage: The percent of lot area which is covered by a roof, floor or other structure and is not open to the sky. Roof eaves to the extent of two (2) feet and ordinary projections from the building not exceeding twelve (12) inches shall not be counted in computing coverage.

Density: The relationship of dwelling units to the area of the lot or tract upon which a residential structure is located or erected.

Development schedule: A chronological estimate of the rate and order of development.

Dwelling unit: A building or portion of a building which is arranged, occupied or intended to be occupied as a single living quarters and includes facilities for food preparation and sleeping.

Family: A family is any number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood, marriage or adoption.

Floor area: The total square foot area of all floors in the building measured to the outside faces of exterior walls or to the line of an omitted wall, whichever includes the largest area.

Floor Area Ratio (F.A.R.): The ratio between the total square feet of floor area and the total square feet of land in the lot.

Frontage, lot: The length of street frontage between property lines or lease lines.

Frontage, street: The length of all property on one (1) side of a street between two (2) intersecting streets measured along the line of the street, or if the street is dead- ended, then the length of all property abutting on one (1) side between an intersecting street and the end of the dead-end street.

Grade: The average elevation of the highest and lowest elevations measured at the finished surface of the ground at any of the exterior corners of the building or structure.

Height: The vertical distance measured from grade to (1) the highest point of any flat roof surface, (2) to the top deck line of mansard roofs, or (3) to the mean height level between eaves and ridge for hip and gable roofs, (4) the top of any elevator, penthouses or bulkheads, mechanical equipment rooms, cooling towers, tanks and ornamental cupolas and domes or other structures erected on the roof of a building.

Institutional use: Schools, churches, colleges, lodges, hospitals, convents, welfare homes and similar establishments to those listed in Section 10-204.

Legal height: The maximum height of a building imposed by any other ordinance which is effective.

Lot: Land which is occupied or intended to be occupied by a building and its accessory building and including such open spaces as are required under this ordinance and having frontage on a dedicated street with well-defined and undisputed right-of-way lines.

Lot, corner: A lot situated at the intersection of two (2) dedicated streets and having frontage along both streets extending from the intersection.

Lot, double frontage: A lot having frontage on two (2) or more dedicated streets other than a corner lot.

Lot lines: The accepted property or lease lines bounding a lot as defined herein.

Lot line, interior: A lot line delineating the division between two (2) contiguous lots on the interior of a block and not adjacent to a street.

Lot, percentage of: Determination of any percentage of a lot such as the rear fifty percent (50%) shall be done by finding the point on each side lot line which corresponds to that percentage of the length of such line and connecting the two (2) points. The area so delineated shall be interpreted as representing that portion of the lot specified.

Lot of record: A lot which is part of a subdivision plat which has been recorded in the office of the County Clerk.

Lot width: The width of a lot at the required front yard line or at the building line if such is established at a greater distance from the street than the required front yard line.

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

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 Title 6 construction standards commonly known as "the HUD- code." The red Certification Label (sometimes called the HUD Label) can be located on the tail end of each transportable section of the home. The Data Plate will be located inside of the home. Regulation states that the Data Plate be affixed inside the home on or near the main electrical breaker box, or other readily visible/accessible location. The unit is transportable in one (1) or more sections, which, in the traveling mode, are eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, are three hundred twenty (320) or more square feet, and which are 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 for plumbing, heating, air-conditioning, and electrical systems. The term does not included recreational vehicles. (Ord. 2016-4171, 10/17/2016)

Occupancy: Occupancy as used herein pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors.

Omitted wall line: A line enclosing the exterior vertical elements of a structure or the outer edge of any floor, deck, balcony, walkway, bridge, stairway or such other structures as may cover the land contrary to the definition of open space. In the case of structures, composed of a roof and open sides, the omitted wall line is the exterior line of such roof. For ordinary roof eaves, the omitted wall line shall be two (2) feet inside of the eave line.

Open space: An area on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices and eaves.

Openings for light and air: Any windows, window walls, or glass panels located in the building, but not including doors which are used only for ingress or egress.

Permanent community open space: Parks, school playgrounds, community centers, golf courses, parkways, water areas or similar areas which are dedicated to the City or which are created as private open space under a permanent agreement for maintenance and responsibility which agreement is accepted by the City Council and approved by the City Attorney.

Sign: Any structure or object which is placed, arranged, colored, designed or constructed for the purpose of advertising or attracting attention to a building, business, product, activity or service.

Accessory sign: A sign which is an accessory use of land and which directs attention to a business, product, and activity or service which is conducted, sold or offered on the premises where the sign is located.

Flashing sign: A sign or part thereof operated so as to create flashing; changes in light intensity, color or copy; or intermittent light impulses more frequently than once in ever four (4) seconds.

Moving sign: A sign or any part thereof which moves, rotates, or gives the perception of motion.

Story, standard: The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven (11) feet, six (6) inches.

Street: Any thoroughfare other than an alley and not less than thirty (30) feet in width, which has been dedicated to the public for public use and which affords primary access to abutting property.

Street line: A dividing line between a lot, tract or parcel of land and a contiguous street.

Structure: A structure shall be interpreted the same as a building, but shall, in addition, include such items as a freestanding ground sign and pylon when erected on a base and not made integral with a building.

Recreational vehicle: Described as any building or structure that is erected in its entirety inside and out, save and except the connections of outside utilities, if needed; is portable; is either self-propelled or must be towed and shall have a body width not to exceed eight (8) feet and a body length not to exceed forty (40) feet. The aforementioned body width and length do not include expandable accessories which may be a part of the structure and when utilized may make the RV wider or longer. However, such an RV must comply with all applicable requirements of Section 11-MH governing RV or move to MH Park or Subdivision.

Use, nonresidential: Any use other than a single family, two (2) family, multiple family residence or rooming house and bonafide accessory uses as listed in Sections 10-201 and 10-202.

Use, residential: A single family, two (2) family or multiple family residence together with bonafide accessory uses as listed in Sections 10-201 and 10-202.

Use, retail or Commercial: Any use listed or similar to a use listed in Sections 10-206, 10-207, 10-208, 10-209, 10-210, 10-212, 10-213, and 10-214.

Wall, exterior: The exposed or outer most wall of the structure.

Yard: An open space on the lot on which a building is situated and which is open and unobstructed to the sky.

Yard, front required: A yard facing and abutting a street and extending across the front of the lot between the side lot lines and having a minimum horizontal depth measured from the street right-of-way equal to the depth of the minimum front yard specified for the district in which the lot is located. The required front yard line represents the line in front of which no building or structure may be erected.

Yard, rear required: A yard, except for accessory buildings as herein permitted, extending across the rear of the lot between side lot lines and having a minimum depth measured from the rear lot line as specified for the district in which the lot is located.

Yard, side required: A yard located on a lot and extending from the required front yard to the required rear yard and having a minimum width measured from the side lot line as specified for the district in which the lot is located. Any lot line which is not a rear or front lot line shall be deemed a side lot line. Where a lot has only three (3) lot lines, those lot lines which do not front upon a street shall be deemed side lot lines.

Zoning district: A classification within which the regulations specified herein are uniform and which is assigned to a particular area of the City be delineation upon the Zoning District Maps which are a part of this ordinance.

Zoning district map: The official, certified map or maps upon which the boundaries of the various zoning districts are shown and which are an integral part of this zoning ordinance and together with this zoning text make up the zoning ordinance for the City.