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Blue Mound City Zoning Code

§ 4

DEFINITIONS.

For the purpose of this ordinance certain terms and words are herewith defined as follows:
Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word “building” includes the word “structure,” the word “shall” is mandatory, and not directory. The words “used” or “occupied” include the words “intended,” “designed,” or “arranged to be used or occupied.” The word “lot” includes the words “plot” or “parcel.”
ACCESSORY BUILDING OR USE.
A subordinate building having a use customarily incident to and located on the same lot occupied by the main building; or a use customarily incident to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.
ALLEY.
A public minor way which is used primarily for vehicular service access to the back or side [of] properties otherwise abutting on a street or highway.
AMUSEMENT MACHINE.
Any kind of machine or device operated by or with a coin, metal slug, token, or check that dispenses or is used or is capable of being used to dispense or afford amusement, skill, or pleasure or is operated for any purpose other than for dispensing only merchandise, music or service. The term includes a marble machine, marble table machine, marble shooting machine, miniature racetrack machine, miniature football machine, miniature golf machine, miniature bowling machine, billiard or pool game, or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure; the term does not include any amusement machine designed exclusively for a child or otherwise prohibited by this article. (An “amusement machine” pursuant to this definition is intended to be the same as a “skill or pleasure coin-operated machine” pursuant to Texas Occupations Code section 2153.002(9), as amended).
AMUSEMENT MACHINE ESTABLISHMENT.
Any establishment where one or more amusement machines are operated for profit.
Editor’s note–Ordinance 429 amended the zoning ordinance by adding provisions regarding amusement machines, but did not specify the manner of inclusion. At the discretion of the editor, the definition has been included in section 4, and the remaining provisions have been included as section 22B.
APARTMENT.
A room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals.
APARTMENT HOTEL.
Any building larger than an apartment house designed or built to be occupied as a series of separate apartments and by persons living independently of each other.
APARTMENT HOUSE.
Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.
AUTOMOBILE SALES AREA.
An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars or sale or keeping of used car parts or junk on the premises.
BASEMENT.
A building story which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.
BLOCK.
An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side. In cases where platting is incomplete or disconnected the zoning administrative official shall determine the outline of the block.
BOARD.
The Zoning Board of Adjustment as established in Section 23.
BOARDING HOUSE.
A building other than a hotel, where lodging and meals for five or more persons are served for compensation.
BREEZEWAY.
A covered passage one story in height and six (6) feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.
BUILDING.
Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient prevent the spread of fire each portion so subdivided may be deemed a separate building.
BUILDING AREA.
The portion of a lot remaining after required yards have been provided.
BUILDING, HEIGHT OF.
The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.
BUILDING LINE.
A line parallel or approximately parallel to the street right-of-way line at a specific distance therefrom marking the minimum distance from the street right-of-way line that a building may be erected.
BUSINESS.
Includes local retail, commercial, industrial, and manufacturing uses and districts as herein defined.
CELLAR.
A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
CERTIFICATE OF OCCUPANCY (OR PERMIT).
An official certificate issued by the City through the administrative official which indicates conformance with or approved conditional waiver from the Building or Zoning Regulations and authorizes legal use and occupancy of the premises for which it is issued.
CITY COUNCIL.
The governing body of the City of Blue Mound, Texas.
CLINIC.
Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients.
COLLECTOR STREET.
As defined by the City’s latest approved Comprehensive Plan.
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 City.
COMPREHENSIVE PLAN.
The Comprehensive Plan of the City of Blue Mound, Texas, as adopted by the City Council of the City of Blue Mound.
CONDITIONAL USE.
A use which would not be appropriate generally or without certain restrictions throughout a zoning district, but which, if controlled as the number area, location or relation to the neighborhood would promote the health, safety and welfare of the community.
CONDOMINIUM.
A multifamily dwelling facility within which designated units or apartments are conveyed fee simple title, with an undivided interest in the building’s common elements, to include, but not be limited to, halls, stairs, elevators, roofs, parking space, and the land.
CONVALESCENT HOME.
Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.
COURT.
An open, unoccupied space, bounded on three (3) or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.
DAY NURSERY.
A place where six (6) or more children are left for care a part of the twenty-four (24) hours of the day.
DISTRICT (ZONING).
A section of the City of Blue Mound, Texas, for which the regulations governing the area, height, or use of the land and buildings are uniform.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND.
Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
DWELLING, ONE-FAMILY.
A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO-FAMILY.
A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
DWELLING, THREE-FAMILY.
A detached residential building containing three dwelling units, designed for occupancy by not more than three families.
DWELLING, FOUR-FAMILY.
A detached residential building containing four dwelling units, designed for occupancy by not more than four families.
DWELLING, MOBILE HOME.
Mobile Home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system, or a structure constructed after June 15, 1976 and bearing a seal issued in accordance with Section 5521f V.T.C.S.
DWELLING UNIT.
One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EFFICIENCY APARTMENT.
An apartment having a combination living and bedroom (no separate bedroom).
FAMILY.
One (1) or more persons who are related by blood or marriage, adoption or foster replacement [placement], living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than three (3) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing basis.
FLOODPLAIN.
An area identified by the Federal Emergency Management Agency as possibly being floodprone or below the intermediate flood line (100-year floodplain). The issuance of building permits for construction of any structure within such floodplain is regulated by separate specific ordinance governing the safeguards, preventive actions against flooding, types of uses permitted in floodprone areas, etc.
FLOOR AREA.
The total (gross) square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, porches, carports or garages that are not designed for residential or business occupancy.
FLOOR AREA RATIO (FAR).
An indicated ratio between the numbers of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area.
FRONTAGE.
All the property abutting on one side of the street between two intersecting streets, measured along the street line.
GARAGE, PRIVATE.
An enclosed accessory building for storage only of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises.
GARAGE, PUBLIC.
A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.
GARAGE, STORAGE (PARKING).
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.
a. 
For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street;
b. 
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;
c. 
For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building.
Any wall approximately parallel to and not more than five (5) feet from a street 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.
GROUND SIGN.
Any sign which is erected at ground level; where the lower edge of the sign face is parallel to and essentially contiguous with the surface of the lot or property upon which it is located.
HEIGHT OF BUILDINGS.
The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to 1) the highest point of the roof’s surface, 2) to the deck line of mansard roofs or 3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.
HEIGHT OF YARD OR COURT.
The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
HOBBY.
An accessory use housed in a dwelling or in an accessory building in which the residents of the premise engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear thereof and from which no compensation, revenue, or value may be derived, and in which no goods may be publicly displayed, offered for sale or advertised for sale, nor may any sign be used in connection therewith.
HOME OCCUPATION.
An occupation conducted in a dwelling unit, provided that:
a. 
No person other than members of the family residing on the premises shall be engaged in such occupation;
b. 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than two hundred and fifty square feet (250 sq. ft.) of floor area of the dwelling unit shall be used in the conduct of the home occupation;
c. 
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No sign advertising a home occupation shall be placed on property where a home occupation is conducted.
d. 
No home occupation shall be conducted in any accessory building;
e. 
There shall be no sales from the dwelling in connection with such home occupation; any sales shall be clearly secondary.
f. 
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
g. 
No equipment, process or work shall be used or conducted in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
h. 
The operation of beauty culture schools, beauty parlors, barbershops, or lawnmower or other small engine repair shall not be permitted as a home occupations.
i. 
No outdoor storage of any type shall be permitted with any home occupation.
HOTEL.
One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. A hotel includes a tourist hotel, a motor hotel, and a motel, but does not include an apartment hotel.
JUNK.
The term “junk” is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.
KENNEL.
Any lot or premises on which four or more dogs, cats, or other domestic animals, at least four month[s] of age, are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received.
KINDERGARTEN.
A school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
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.
LIVING UNIT.
Same as Dwelling Unit.
LOADING SPACE, OFF-STREET.
Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
LOT.
An undivided tract or parcel of land having frontage on a public street, or upon an approved open space, having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed or recorded.
LOT COVERAGE.
The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
LOT FRONTAGE.
The length of street frontage between property lines.
LOT LINES.
The lines bounding a lot as defined:
a. 
LOT LINE, FRONT.
The boundary between a lot and the street on which it fronts.
b. 
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.
c. 
LOT LINE, SIDE.
Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or side street line.
LOT MEASUREMENT.
a. 
Area
of the lot shall be the net area of the lot, expressed in square feet or acreage, and shall not include portions of any public street or alley.
b. 
Depth
of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear (the mean horizontal distance between the front and rear lot line).
c. 
Width
of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the eighty percent (80%) requirement shall not apply.
LOT OF RECORD.
A lot which is part of a subdivision recorded in the office of the County Clerk.
LOT TYPES.
(See Figure 4-1)
Editor’s note–Figure 4-1 is not printed herein.
a. 
Corner Lot.
A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector.
b. 
Interior Lot.
A lot other than a corner lot with only one street frontage and whose side lot lines do not abut upon any street.
c. 
Through Lot.
A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as “double frontage” lots.
d. 
Cul-de-Sac Lots.
A lot whose frontage is along the turn-around portion of a street which has only one opening and terminates with a turn-around at the closed end.
MAIN (PRINCIPAL) BUILDING.
The building or buildings on a lot which are occupied by the primary use.
MINI-WAREHOUSE.
A totally enclosed facility involving one or more buildings and multiple individual units the purpose of which is exclusively for the storage of goods.
MOBILE HOME.
See “Dwelling, Mobile Home.”
MOBILE HOME PARK OR SUBDIVISION.
A parcel of land upon which mobile homes are placed or located for purposes of occupancy.
NONCONFORMING USE.
A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.
OCCUPANCY.
The use or intended use of the land or buildings by proprietors or tenants.
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 projections of cornices, eaves or porches.
PARKING SPACE, OFF-STREET.
For the purposes of this ordinance, an off-street parking space shall consist of an indoor or outdoor space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.
PERMITTED USES.
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PLANNING AND ZONING COMMISSION.
The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning ordinance and fulfill the functions authorized by the City Council and State Law.
PLAT.
A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Blue Mound and subject to approval by the Planning and Zoning Commission. Reference to a plat in this ordinance means an official plat of record which has been approved by the Planning and Zoning Commission and filed in the plat records of Tarrant County.
POLE SIGN.
Any sign which is mounted on a pole or structural support in such a manner that the sign itself is not contiguous with the ground or mounted upon a building.
PREMISES.
Land together with any buildings or structures occupying it.
PRIVATE CLUB.
An association of persons meeting regularly for their mutual benefit or for the promotion of some common purchase [purpose] supported jointly through payment of membership dues, all members having the right to vote on policies and businesses’ all members [sic]
PRIVATE DRIVE (STREET OR PLACE).
An open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principals [principal means] of vehicular access to property abutting thereon.
RESIDENCE.
Same as a dwelling; also when used with the word District, an area of residential regulations.
REVERSED FRONTAGE.
Reversed frontage is a lot abutting two or more streets at their intersection. A reversed frontage lot shall be deemed to front on that street at which it has its greatest frontage unless otherwise specified by the Building Inspector.
ROOM.
A building or portion of a building which is arranged[,] occupied or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.
ROOMING HOUSE.
A building other than a hotel where lodging for three (3) but not more than twelve (12) persons is provided for definite periods for compensation pursuant [to] previous arrangements.
SETBACK.
The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the street line. (Same as “Building Line.”)
SHOWROOM WAREHOUSE.
A sales and office facility for a product that by nature of the bulk dimensions of the product requires a larger than normal storage area ratio to sales and office area to maintain a normal operating produce inventory. A showroom warehouse is specifically not intended to be a wholesale distribution center.
SIGN.
Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however that the following shall not be included in the application of the regulations herein:
a. 
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;
b. 
Flags and insignia of any government except when displayed in connection with commercial promotion;
c. 
Legal notices; identification, informational, or directional signs erected or required by governmental bodies;
d. 
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights;
e. 
See also Section 19 - “Sign Regulations.”
SIGN ANIMATED.
Any sign having a conspicuous and intermittent variation in illumination, message, or physical position of any or all of its parts.
SIGN AREAS.
The area of the smallest individual rectangle, triangle or circle or combination of not more than two contiguous rectangles, triangles or circles which will encompass all elements of the sign which form an integral part of the display, including background, borders and structural trim. The area of a double-face sign shall be construed to be the area of the largest single face of the sign, provided that the interior angle formed by the two faces does not exceed thirty (30) degrees.
SIGN, ATTACHED.
Any sign attached to, applied on or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) which encloses or covers usable space.
SIGN, DETACHED.
Any sign which is not attached to a building, inclusive of signs on movable objects, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation.
SIGN, DIRECTIONAL.
A non-premises [sic] sign whose content is limited exclusively to the identification (for commercial purposes) of a specific premises or occupancy located elsewhere, and which tells the location of or route to that premises or occupancy.
SIGN, GROUND.
See “Ground Sign.”
SIGN, POLE.
See “Pole Sign.”
SIGN, PORTABLE.
A sign constructed upon wheels, casters, skids or otherwise so designed to be readily movable from one location to another, including signs mounted upon a trailer, wheeled, carried, or other non-motorized mobile structure. A portable sign which has wheels removed shall be considered a portable sign.
SPECIAL EXCEPTION.
A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would be wholly compatible with conditions affecting the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if approved by the Board of Adjustment (See Section 23).
STORY.
That part of a building included between the surface of one floor and the surface of the floor next above, or if there be 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 above the middle of the interior height of such story [sic]. The first story is the highest story having its interior floor surface not more than four feet (4') above the curb level, established or mean street grade or average ground level.
STREET.
A public way between two right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.
STREET LINE.
The right-of-way of a street.
STRUCTURAL ALTERATIONS.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the City Building Code.
STRUCTURE.
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, among other things, structures include buildings, mobile homes, walls, fences, billboards, and poster panels.
THOROUGHFARE.
As defined in the City’s latest approved Comprehensive Plan.
TOBACCO STORE.
Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia, including a cigar store.
TOURIST HOME OR DUDE RANCH.
A dwelling in which accommodations are provided or offered for transient or temporary guests for compensation.
TOWNHOUSE.
A single-family dwelling facility constructed in a series, or group of units having common walls, each on a separate lot of record.
TRAVEL TRAILER.
A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highway as contrasted to a mobile home.
VARIANCE.
A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
YARD.
A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty inches (30") above the general ground level of the graded lot upward, provided however that fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture, and roof overhangs not exceeding thirty inches (30"), may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
YARD - FRONT.
A yard extending between side lot lines across the front of a lot adjoining a public street.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:
a. 
At least one front yard shall be provided having the full depth required generally in the district;
b. 
No other front yard on such lot shall have less than half the full depth required generally.
Depth of required front yards shall be measured at right angles to the front lot line being the street right-of-line and/or the greatest length of lot line which is located on that side of any building considered to be the primary frontage.
YARD - REAR.
A yard extending across the rear of the lot between inner side yard lines. In the case of through lots there will be no rear yards, but only front and side yards. All other lots will have rear yard.
Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.
In cases that a rear lot line is not evident, or if evident but not parallel to the front building line, the minimum back yard requirement shall be the distance from the rearmost point of the lot along a line from that point drawn perpendicular to a line drawn from the foremost points of the two side lot lines.
YARD - SIDE.
A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full- and half-depth front yards have been established shall be considered side yards.
Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.
YARD - SPECIAL.
A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term “side yard” nor the term “rear yard” clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
(Ordinance 200 adopted 7/19/88; Ordinance 429 adopted 11/18/08; Ordinance 529, sec. 1, adopted 8/20/18; Ordinance 581 adopted 6/20/2023)