- Introduction And Definitions
The purpose of this Ordinance is to promote the health, safety, and general welfare of the community. The zoning regulations herein established have been designed to:
(1)
Promote compliance with the planning principles and land use patterns developed in the Comprehensive Land Use Plan.
(2)
Prevent adverse or undesirable effects incompatible uses of land.
(3)
Assure sufficient, suitable land for future development.
(4)
Protect and improve the physical environment.
(5)
Protect and maintain property values.
(6)
Ensure that land uses are properly situated in relation to one another.
(7)
To guide public and private policy and action and control density so that property can be adequately serviced by public services and facilities; and
(8)
Preserve and develop the community's economic base.
The following regulations are developed and enforced in order to promote development and redevelopment in Bedford that is in compliance with the Comprehensive Land Use Plan as adopted by the City of Bedford in December, 1993 and amended April, 1995. The following sources have been utilized in the development of these regulations:
(1)
The Comprehensive Land Use Plan for the City of Bedford, Texas, Revised in 1995;
(2)
A Survey of Zoning Definitions, edited by Tracy Burrows, published by the American Planning Association, copyright December, 1989.
The following words, when used in this ordinance, shall have the meanings respectively ascribed in this section unless the context of this ordinance clearly indicates otherwise. For definitions of permitted uses see Section 7, "Explanations of Uses and Specific Use Permit Requirements".
Certain terms and words are herewith defined as follows:
ACCESSORY BUILDING OR USE - A building or use which is:
(1)
Subordinate to and serves a principal building or principal use.
(2)
Subordinate in area, extent, or purposes to the principal building or principal use served.
(3)
Contributes to the comfort, convenience and necessity of the occupants of the building or principal uses served;
(4)
Located on the same lot as the principal use served.
"Accessory" shall have the same meaning as accessory use. "Subordinate" shall mean that twenty percent (20%) or less of the area, extent or purpose of the principal use of the property.
ALLEY - A minor way, which is used primarily for vehicular service access to the back or side of properties otherwise abutting a street.
ANTENNA - An arrangement of wires, rods, poles, etc. used in transmitting and receiving signal energy.
APARTMENT - A room or suite of rooms in an apartment house arranged, designed or occupied as the residence by a single family, individual, or group of individuals.
AREA OF THE LOT - The area of the lot shall be the "net area" of the lot not to include portions of streets or alleys.
BASEMENT - A story below the first story (as defined under "Story") counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
BILLBOARD - A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
BLOCK - A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Building Inspector shall determine the outline of the block.
BUILDING - Any structure built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING LINE - The minimum distance a building must be from the street or property line.
BUSINESS - Includes local retail, commercial, industrial, and manufacturing uses and districts as in Section 3.2, Explanations of Uses and Specific Use Permit Requirements.
CARPORT - A structure with at least two sides open or partially open to the elements, composed of wood, concrete, stucco, canvas, or other material, supported by columns or poles erected on a permanent or non-permanent foundation for the purpose of covering a vehicle and protecting it from the sun, rain, or inclement weather, including portable canvas enclosures (regardless of the number of sides open to the elements) used to protect a vehicle from the elements.
CELLAR - That portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.
CENTRAL BUSINESS DISTRICT - The land area bounded by Bedford Road on the north and northwest, Airport Freeway on the south and Murphy Drive on the east. The area is recognized as being the central commercial area for the City of Bedford.
CLUSTER HOMES - A detached, single-family residential development pattern in which the dwelling units are grouped or "clustered", rather than spread evenly throughout a parcel as in conventional lot-by-lot development. The remaining land may be used for recreation, common open space, and/or preservation of environmentally sensitive areas.
COMMUNITY CENTER - A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals or general welfare of the public.
COURT - An open unoccupied space other than a yard on the same lot as a building; and is bounded on three (3) or more sides by the building.
DENSITY - The number of dwelling units per net acre of land. (Net acre shall include that area of land excluding area used for public right-of-way, flood-way, and area dedicated as parkland).
DEPTH OF LOT - The mean horizontal distance between the front and rear lot lines.
DEPTH OF REAR YARD - The mean horizontal distance between the rear line of a building other than an accessory building, and the rear lot line except as modified in the text of any section of this ordinance.
DISTRICT - A section of the city for which the regulations governing the area, and use of buildings are uniform for each type and class of structure.
EASEMENT - The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
EFFICIENCY APARTMENT - An apartment having a combination living and bedroom (no separate bedroom).
EVENT, CIVIC - A public gathering sponsored by a non-profit organization, or special interest agency or group, not including a governmental entity, for the temporal good of the community and shall include any transient amusement enterprise, outdoor temporary gathering, and any similar event, including, but not limited to parades, arts and crafts shows/fairs, weddings and wedding receptions, fundraisers, photographical/promotional activities, block parties, theatrical exhibition, musical performance, public show, entertainment, amusement or other exhibition held on property not owned or controlled by the City of Bedford.
EVENT, SPECIAL - A public gathering sponsored by a for-profit organization for commercial gain or promotion of a product or service and shall include any transient amusement enterprise, outdoor temporary gathering, and any similar event.
FAMILY:
(1)
Persons related by genetics, adoption, or marriage.
(2)
A group of six (6) or fewer unrelated persons living together and occupying a single housekeeping unit with single kitchen facility.
(3)
Provided however no more than eighteen (18) persons may reside together without receipt of a specific use permit.
FENCE - A barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining walls.
FLOOR AREA PER DWELLING UNIT - The total number of square feet of habitable floor space contained within a dwelling unit exclusive of porches, breezeways, carports, garages, and storage areas not directly accessible from within the dwelling unit.
FRONT YARD - An open, unoccupied space on a lot facing a street between a building and a street line. If no building exists, a front yard is an open unoccupied space facing a street and adjacent thereto.
GARAGE, PRIVATE - A building or a portion of a building in which motor vehicles are stored by the occupants of a building on the premises. Specific size requirements are set forth in Section 4.1, R-15,000 Single-Family Residential Detached District through Section 4.9, MF Multi-Family Residential District of this Ordinance.
GARAGE, PRIVATE/ATTACHED - A building or a portion of a building in which motor vehicles are stored by the occupants of a primary residential building which is attached with either a common wall or shared attic space to the primary residential building.
GARAGE, PRIVATE/DETACHED - A stand-alone building on the same lot as a primary residential building in which motor vehicles are stored only by the occupants of the residential structure on the premises. Detached garages may have a breezeway or covered walkway as long as there is no common wall or shared attic space between the primary residential structure and the detached garage.
GARAGE, PUBLIC - A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, and is operated for commercial purposes.
GARAGE, STORAGE - A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
GRADE:
(1)
For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street.
(2)
For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street.
(3)
For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground contained within five (5) feet from the exterior wall of the building.
(4)
Any wall approximately parallel to and not more than ten (10) feet from a right-of-way line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Building Inspector shall establish such sidewalk level or its equivalent for the purpose of these regulations.
HANDICAPPED - The term "handicapped" shall mean having:
(1)
A physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently.
(2)
A record of having such an impairment; or
(3)
Being regarded as having impairment.
However, "handicapped" shall not include current illegal use of or addition to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.
HEIGHT OF BUILDINGS - The vertical distance measured from the street curb level of the mean street grade if no curb exists, or the average finish ground level within five (5) feet of the building, whichever is higher, to the highest point of the building. In measuring the height of the building the following structures shall be excluded: chimneys, cooling towers, radio antennas, ornamental cupolas or spires, elevator bulk heads, tanks, water towers and parapet walls (not exceeding four (4) feet in height). In measuring the height of a building having a roof inclining more than one inch (1") per foot, the highest point of the building shall be the mean height level of the top of the main plates and highest ridge.
IMPERVIOUS SURFACE - Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land.
JUNK - Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used tires, and other materials that are so worn, deteriorated or obsolete making them unusable in their existing condition, subject to being dismantled for scrap, recycling and or resale.
LEGAL NONCONFORMING USE, BUILDING OR YARD - A use, building, or yard existing legally at the time of the passage of this ordinance which does not by reason of design, use, or dimension conform to the regulations of the district in which it is situated. A use, building, or yard established after the passage of this ordinance, which does not conform to regulations of the district in which it is situated, shall be considered an illegal nonconforming use.
LANDSCAPING PLANTING - A combination of live plant material. Landscape planting shall not include the use of smooth concrete or asphalt except when used as a minor portion of the total area and in conjunction with the overall design.
LOT - A parcel of land occupied or to be occupied by one building or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this ordinance, and having its principal frontage on a public street or a place.
LOT, CORNER - A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector.
LOT, INTERIOR - A lot whose side lines do not abut on any street.
LOT, THROUGH - An interior lot having frontage on two streets.
LOT LINE, FRONT - The boundary between a lot and the street on which it fronts.
LOT LINE, REAR - The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Inspector shall determine the rear line.
LOT LINE, SIDE - Any lot boundary line, which is not a front or rear line. A side line may be a party lot line, a line bordering on an alley, or side street line.
LOT LINES - The lines bounding a lot as defined herein.
LOT WIDTH - The horizontal distance between side lines, measured at the front building line, as established by the minimum front yard requirement of this ordinance.
LOT OF RECORD - A lot as described and shown on an approved plat which has been recorded in the office of the County Clerk.
MAST - The center of an antenna tower upon which antennas are fastened.
NONCONFORMING USE, BUILDING OR YARD - See Legal Nonconforming Use, Building or Yard.
OPEN SPACE - Area included in any side, rear, or front yard, or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.
PARKING LOT - An area not within a building where motor vehicles may be stored for the purpose of temporary, daily, or overnight off street parking.
PARKING SPACE - An area on a lot, and/or within a building, intended for the use of temporary parking of a personal vehicle. This term is used interchangeably with parking stall. Each parking space must have a means of access to a public street.
PLANNED UNIT DEVELOPMENT "PUD" - A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities; buildings open spaces, and other site features and improvements.
PLAT - A map, generally of a subdivision, showing the location, boundaries, and ownership of individual properties and/or lots. A PRELIMINARY PLAT provides information necessary to determine if a proposed subdivision conforms to the subdivision regulations and lot size requirements, lot area requirements, building setbacks, etc., of the Zoning Ordinance. A FINAL PLAT is a device for officially and permanently recording lot divisions and street, easement, and other public rights-of-way locations and dedications of a subdivision.
RADIO EQUIPMENT - The antenna, tower and mast, or any combination thereof, used to transmit and/or receive signal energy.
RESIDENCE - A building occupied as the abiding place of one or more persons in which the use and management of sleeping quarters, all appliances for single cooking facility, ventilating, heating and lighting are under one control and which shall include single-family dwellings, which shall be the principal building on any lot in residential districts.
RIGHT-OF-WAY - An area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both.
SATELLITE RECEIVE-ONLY ANTENNA - An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, or parabolic antenna.
SCREENING - A device or material used to conceal one element of a development from other elements or from adjacent or contiguous development. Screening may include one or a combination of walls, berms, or plantings of sufficient mass to be opaque or that shall become opaque after twelve (12) months and which shall be maintained in an opaque condition.
SECONDARY USE - A collateral use of land or buildings that is not necessarily incidental or related to the main use and that does not constitute a majority of the employment, area or revenues of the combined uses.
SERVANTS QUARTERS - An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.
SETBACK - The minimum horizontal distance between the walls of the building and the property lines excluding any projection of the building, steps, unenclosed porches, and cornices.
SHORT-TERM RENTAL - The rental for compensation, of any residence or residential structure, or a portion of a residence or residential structure, located within a residential zoning district, for the purpose of overnight lodging for a period of not more than twenty-nine (29) days. A short-term rental shall not include a hotel or motel. A short-term rental is further subject to chapter 26, article V of the city code and the supplemental district regulations contained in section 5.16 of this ordinance.
SHOPPING CENTER - Provides for a unified grouping, in one or more buildings whether connected or not, of retail shops, stores, and offices which are planned and developed as an operating unit.
SITE PLAN - A plan of a particular piece of land showing the locations of buildings, parking areas, driveways, screening (if required), landscape planting, existing or proposed topography, and all other physical features as may be pertinent. Site plan requirements are contained within Section 5.4, Site Plan Requirements.
SPECIAL EXCEPTION - A use or structure which does not specifically, or without special restriction, conform to the regulations of the zoning district in which it is located, but which if controlled as to number, area, location, or relation to the neighborhood is deemed to promote the health, safety, morals, or general welfare of the City, and for which a special exception or condition has been approved by the Zoning Board of Adjustment under the special exceptions allowed under this Ordinance by City Council.
STORY - That part of a building included between the surface of one floor and the surface of the next floor above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade or average ground level, as mentioned in "Height of Buildings" of this section.
STREET - A thoroughfare, which affords principal means of access to property abutting thereon.
STREET LINE - The dividing line between the street and the abutting property.
STRUCTURE - Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, including but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
STORAGE CONTAINER - A self enclosed, standardized, reusable vessel that is or appears to be:
(1)
Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or
(2)
Designed for or capable of being mounted or moved on a rail car, and/or
(3)
Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship, and/or
(4)
Other portable containers designed for temporary storage of articles or goods, including but not limited to portable-on-demand (POD) storage containers.
STRUCTURAL ALTERATIONS - Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
SUBDIVISION - The process of dividing a parcel of raw land into smaller buildable sites, blocks, lots, streets, and other public areas and rights-of-way which result in a FINAL PLAT that graphically depicts all of the above items.
TEMPORARY USE - A use or structure which does not conform to the regulations of the zoning district in which it is located but which is deemed to promote the health, safety, morals, or general welfare of the City, and for which time specific plans for discontinuation, abandonment, or removal have been approved by the official or governing body designated in this Ordinance by Section 5.10, "Temporary Uses".
TOWER - The structure upon which antennas and masts are placed.
VARIANCE - A relaxation by the Board of Adjustment of the dimensional regulations of the zoning ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship.
WALL - A barrier composed of native stone, brick, pre-cast concrete panels with decorative finish, or decorative masonry unit.
YARD - An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
YARD, FRONT - A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, REAR - A yard between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDE - The required side yard setback from the front yard setback to the rear property line and the area between the side faces of the building and the side property line.
(Ord. No. 22-3333, § 2, 2-8-22; Ord. No. 2025-3443, § 2, 6-24-25)
- Introduction And Definitions
The purpose of this Ordinance is to promote the health, safety, and general welfare of the community. The zoning regulations herein established have been designed to:
(1)
Promote compliance with the planning principles and land use patterns developed in the Comprehensive Land Use Plan.
(2)
Prevent adverse or undesirable effects incompatible uses of land.
(3)
Assure sufficient, suitable land for future development.
(4)
Protect and improve the physical environment.
(5)
Protect and maintain property values.
(6)
Ensure that land uses are properly situated in relation to one another.
(7)
To guide public and private policy and action and control density so that property can be adequately serviced by public services and facilities; and
(8)
Preserve and develop the community's economic base.
The following regulations are developed and enforced in order to promote development and redevelopment in Bedford that is in compliance with the Comprehensive Land Use Plan as adopted by the City of Bedford in December, 1993 and amended April, 1995. The following sources have been utilized in the development of these regulations:
(1)
The Comprehensive Land Use Plan for the City of Bedford, Texas, Revised in 1995;
(2)
A Survey of Zoning Definitions, edited by Tracy Burrows, published by the American Planning Association, copyright December, 1989.
The following words, when used in this ordinance, shall have the meanings respectively ascribed in this section unless the context of this ordinance clearly indicates otherwise. For definitions of permitted uses see Section 7, "Explanations of Uses and Specific Use Permit Requirements".
Certain terms and words are herewith defined as follows:
ACCESSORY BUILDING OR USE - A building or use which is:
(1)
Subordinate to and serves a principal building or principal use.
(2)
Subordinate in area, extent, or purposes to the principal building or principal use served.
(3)
Contributes to the comfort, convenience and necessity of the occupants of the building or principal uses served;
(4)
Located on the same lot as the principal use served.
"Accessory" shall have the same meaning as accessory use. "Subordinate" shall mean that twenty percent (20%) or less of the area, extent or purpose of the principal use of the property.
ALLEY - A minor way, which is used primarily for vehicular service access to the back or side of properties otherwise abutting a street.
ANTENNA - An arrangement of wires, rods, poles, etc. used in transmitting and receiving signal energy.
APARTMENT - A room or suite of rooms in an apartment house arranged, designed or occupied as the residence by a single family, individual, or group of individuals.
AREA OF THE LOT - The area of the lot shall be the "net area" of the lot not to include portions of streets or alleys.
BASEMENT - A story below the first story (as defined under "Story") counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.
BILLBOARD - A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
BLOCK - A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Building Inspector shall determine the outline of the block.
BUILDING - Any structure built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING LINE - The minimum distance a building must be from the street or property line.
BUSINESS - Includes local retail, commercial, industrial, and manufacturing uses and districts as in Section 3.2, Explanations of Uses and Specific Use Permit Requirements.
CARPORT - A structure with at least two sides open or partially open to the elements, composed of wood, concrete, stucco, canvas, or other material, supported by columns or poles erected on a permanent or non-permanent foundation for the purpose of covering a vehicle and protecting it from the sun, rain, or inclement weather, including portable canvas enclosures (regardless of the number of sides open to the elements) used to protect a vehicle from the elements.
CELLAR - That portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.
CENTRAL BUSINESS DISTRICT - The land area bounded by Bedford Road on the north and northwest, Airport Freeway on the south and Murphy Drive on the east. The area is recognized as being the central commercial area for the City of Bedford.
CLUSTER HOMES - A detached, single-family residential development pattern in which the dwelling units are grouped or "clustered", rather than spread evenly throughout a parcel as in conventional lot-by-lot development. The remaining land may be used for recreation, common open space, and/or preservation of environmentally sensitive areas.
COMMUNITY CENTER - A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a nonprofit organization dedicated to promoting the health, safety, morals or general welfare of the public.
COURT - An open unoccupied space other than a yard on the same lot as a building; and is bounded on three (3) or more sides by the building.
DENSITY - The number of dwelling units per net acre of land. (Net acre shall include that area of land excluding area used for public right-of-way, flood-way, and area dedicated as parkland).
DEPTH OF LOT - The mean horizontal distance between the front and rear lot lines.
DEPTH OF REAR YARD - The mean horizontal distance between the rear line of a building other than an accessory building, and the rear lot line except as modified in the text of any section of this ordinance.
DISTRICT - A section of the city for which the regulations governing the area, and use of buildings are uniform for each type and class of structure.
EASEMENT - The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
EFFICIENCY APARTMENT - An apartment having a combination living and bedroom (no separate bedroom).
EVENT, CIVIC - A public gathering sponsored by a non-profit organization, or special interest agency or group, not including a governmental entity, for the temporal good of the community and shall include any transient amusement enterprise, outdoor temporary gathering, and any similar event, including, but not limited to parades, arts and crafts shows/fairs, weddings and wedding receptions, fundraisers, photographical/promotional activities, block parties, theatrical exhibition, musical performance, public show, entertainment, amusement or other exhibition held on property not owned or controlled by the City of Bedford.
EVENT, SPECIAL - A public gathering sponsored by a for-profit organization for commercial gain or promotion of a product or service and shall include any transient amusement enterprise, outdoor temporary gathering, and any similar event.
FAMILY:
(1)
Persons related by genetics, adoption, or marriage.
(2)
A group of six (6) or fewer unrelated persons living together and occupying a single housekeeping unit with single kitchen facility.
(3)
Provided however no more than eighteen (18) persons may reside together without receipt of a specific use permit.
FENCE - A barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining walls.
FLOOR AREA PER DWELLING UNIT - The total number of square feet of habitable floor space contained within a dwelling unit exclusive of porches, breezeways, carports, garages, and storage areas not directly accessible from within the dwelling unit.
FRONT YARD - An open, unoccupied space on a lot facing a street between a building and a street line. If no building exists, a front yard is an open unoccupied space facing a street and adjacent thereto.
GARAGE, PRIVATE - A building or a portion of a building in which motor vehicles are stored by the occupants of a building on the premises. Specific size requirements are set forth in Section 4.1, R-15,000 Single-Family Residential Detached District through Section 4.9, MF Multi-Family Residential District of this Ordinance.
GARAGE, PRIVATE/ATTACHED - A building or a portion of a building in which motor vehicles are stored by the occupants of a primary residential building which is attached with either a common wall or shared attic space to the primary residential building.
GARAGE, PRIVATE/DETACHED - A stand-alone building on the same lot as a primary residential building in which motor vehicles are stored only by the occupants of the residential structure on the premises. Detached garages may have a breezeway or covered walkway as long as there is no common wall or shared attic space between the primary residential structure and the detached garage.
GARAGE, PUBLIC - A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, and is operated for commercial purposes.
GARAGE, STORAGE - A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
GRADE:
(1)
For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street.
(2)
For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street.
(3)
For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground contained within five (5) feet from the exterior wall of the building.
(4)
Any wall approximately parallel to and not more than ten (10) feet from a right-of-way line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Building Inspector shall establish such sidewalk level or its equivalent for the purpose of these regulations.
HANDICAPPED - The term "handicapped" shall mean having:
(1)
A physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently.
(2)
A record of having such an impairment; or
(3)
Being regarded as having impairment.
However, "handicapped" shall not include current illegal use of or addition to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.
HEIGHT OF BUILDINGS - The vertical distance measured from the street curb level of the mean street grade if no curb exists, or the average finish ground level within five (5) feet of the building, whichever is higher, to the highest point of the building. In measuring the height of the building the following structures shall be excluded: chimneys, cooling towers, radio antennas, ornamental cupolas or spires, elevator bulk heads, tanks, water towers and parapet walls (not exceeding four (4) feet in height). In measuring the height of a building having a roof inclining more than one inch (1") per foot, the highest point of the building shall be the mean height level of the top of the main plates and highest ridge.
IMPERVIOUS SURFACE - Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land.
JUNK - Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used tires, and other materials that are so worn, deteriorated or obsolete making them unusable in their existing condition, subject to being dismantled for scrap, recycling and or resale.
LEGAL NONCONFORMING USE, BUILDING OR YARD - A use, building, or yard existing legally at the time of the passage of this ordinance which does not by reason of design, use, or dimension conform to the regulations of the district in which it is situated. A use, building, or yard established after the passage of this ordinance, which does not conform to regulations of the district in which it is situated, shall be considered an illegal nonconforming use.
LANDSCAPING PLANTING - A combination of live plant material. Landscape planting shall not include the use of smooth concrete or asphalt except when used as a minor portion of the total area and in conjunction with the overall design.
LOT - A parcel of land occupied or to be occupied by one building or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this ordinance, and having its principal frontage on a public street or a place.
LOT, CORNER - A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector.
LOT, INTERIOR - A lot whose side lines do not abut on any street.
LOT, THROUGH - An interior lot having frontage on two streets.
LOT LINE, FRONT - The boundary between a lot and the street on which it fronts.
LOT LINE, REAR - The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Inspector shall determine the rear line.
LOT LINE, SIDE - Any lot boundary line, which is not a front or rear line. A side line may be a party lot line, a line bordering on an alley, or side street line.
LOT LINES - The lines bounding a lot as defined herein.
LOT WIDTH - The horizontal distance between side lines, measured at the front building line, as established by the minimum front yard requirement of this ordinance.
LOT OF RECORD - A lot as described and shown on an approved plat which has been recorded in the office of the County Clerk.
MAST - The center of an antenna tower upon which antennas are fastened.
NONCONFORMING USE, BUILDING OR YARD - See Legal Nonconforming Use, Building or Yard.
OPEN SPACE - Area included in any side, rear, or front yard, or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.
PARKING LOT - An area not within a building where motor vehicles may be stored for the purpose of temporary, daily, or overnight off street parking.
PARKING SPACE - An area on a lot, and/or within a building, intended for the use of temporary parking of a personal vehicle. This term is used interchangeably with parking stall. Each parking space must have a means of access to a public street.
PLANNED UNIT DEVELOPMENT "PUD" - A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities; buildings open spaces, and other site features and improvements.
PLAT - A map, generally of a subdivision, showing the location, boundaries, and ownership of individual properties and/or lots. A PRELIMINARY PLAT provides information necessary to determine if a proposed subdivision conforms to the subdivision regulations and lot size requirements, lot area requirements, building setbacks, etc., of the Zoning Ordinance. A FINAL PLAT is a device for officially and permanently recording lot divisions and street, easement, and other public rights-of-way locations and dedications of a subdivision.
RADIO EQUIPMENT - The antenna, tower and mast, or any combination thereof, used to transmit and/or receive signal energy.
RESIDENCE - A building occupied as the abiding place of one or more persons in which the use and management of sleeping quarters, all appliances for single cooking facility, ventilating, heating and lighting are under one control and which shall include single-family dwellings, which shall be the principal building on any lot in residential districts.
RIGHT-OF-WAY - An area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both.
SATELLITE RECEIVE-ONLY ANTENNA - An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, or parabolic antenna.
SCREENING - A device or material used to conceal one element of a development from other elements or from adjacent or contiguous development. Screening may include one or a combination of walls, berms, or plantings of sufficient mass to be opaque or that shall become opaque after twelve (12) months and which shall be maintained in an opaque condition.
SECONDARY USE - A collateral use of land or buildings that is not necessarily incidental or related to the main use and that does not constitute a majority of the employment, area or revenues of the combined uses.
SERVANTS QUARTERS - An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.
SETBACK - The minimum horizontal distance between the walls of the building and the property lines excluding any projection of the building, steps, unenclosed porches, and cornices.
SHORT-TERM RENTAL - The rental for compensation, of any residence or residential structure, or a portion of a residence or residential structure, located within a residential zoning district, for the purpose of overnight lodging for a period of not more than twenty-nine (29) days. A short-term rental shall not include a hotel or motel. A short-term rental is further subject to chapter 26, article V of the city code and the supplemental district regulations contained in section 5.16 of this ordinance.
SHOPPING CENTER - Provides for a unified grouping, in one or more buildings whether connected or not, of retail shops, stores, and offices which are planned and developed as an operating unit.
SITE PLAN - A plan of a particular piece of land showing the locations of buildings, parking areas, driveways, screening (if required), landscape planting, existing or proposed topography, and all other physical features as may be pertinent. Site plan requirements are contained within Section 5.4, Site Plan Requirements.
SPECIAL EXCEPTION - A use or structure which does not specifically, or without special restriction, conform to the regulations of the zoning district in which it is located, but which if controlled as to number, area, location, or relation to the neighborhood is deemed to promote the health, safety, morals, or general welfare of the City, and for which a special exception or condition has been approved by the Zoning Board of Adjustment under the special exceptions allowed under this Ordinance by City Council.
STORY - That part of a building included between the surface of one floor and the surface of the next floor above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade or average ground level, as mentioned in "Height of Buildings" of this section.
STREET - A thoroughfare, which affords principal means of access to property abutting thereon.
STREET LINE - The dividing line between the street and the abutting property.
STRUCTURE - Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, including but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
STORAGE CONTAINER - A self enclosed, standardized, reusable vessel that is or appears to be:
(1)
Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or
(2)
Designed for or capable of being mounted or moved on a rail car, and/or
(3)
Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship, and/or
(4)
Other portable containers designed for temporary storage of articles or goods, including but not limited to portable-on-demand (POD) storage containers.
STRUCTURAL ALTERATIONS - Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
SUBDIVISION - The process of dividing a parcel of raw land into smaller buildable sites, blocks, lots, streets, and other public areas and rights-of-way which result in a FINAL PLAT that graphically depicts all of the above items.
TEMPORARY USE - A use or structure which does not conform to the regulations of the zoning district in which it is located but which is deemed to promote the health, safety, morals, or general welfare of the City, and for which time specific plans for discontinuation, abandonment, or removal have been approved by the official or governing body designated in this Ordinance by Section 5.10, "Temporary Uses".
TOWER - The structure upon which antennas and masts are placed.
VARIANCE - A relaxation by the Board of Adjustment of the dimensional regulations of the zoning ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship.
WALL - A barrier composed of native stone, brick, pre-cast concrete panels with decorative finish, or decorative masonry unit.
YARD - An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
YARD, FRONT - A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD, REAR - A yard between the rear lot line and the rear line of the main building and the side lot lines.
YARD, SIDE - The required side yard setback from the front yard setback to the rear property line and the area between the side faces of the building and the side property line.
(Ord. No. 22-3333, § 2, 2-8-22; Ord. No. 2025-3443, § 2, 6-24-25)