words used in the present tense include the future tense;

words used in the singular number include the plural number;

words in the plural number include the singular number;

the words “building” and “structure” are synonymous;

the words “lot”, “plot” and “tract” are synonymous; and

the word “shall” is mandatory and not discretionary.

Property abutting upon a street shall also be understood as abutting property on the other side of the street.

A use or building subordinate to and detached from the main building and used for purposes customarily incidental to the primary use of the premises. (Also see Appendix 2, Section 1.)

To be separated by common property lines, lot lines, or an alley; abutting, adjoining, contiguous, or touching.

An antenna utilized for communication purposes in conjunction with a citizen band or amateur radio station, and including any tower, mast, or structure for the support thereof. This definition shall also include such anchors, anchor supports, or guy wires associated with the structure.

A public space or thoroughfare which affords only secondary means of access to abutting property.

An apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. This definition is meant to include but is not limited to what are commonly referred to as satellite receive only earth stations.

The arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.

A room or suite of rooms in a multifamily dwelling or apartment house designed or occupied as a place of residence by a single family, individual or group of individuals.

Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as a home or place of residence by three (3) or more families living in independent dwelling units.

The area shall be the net area of the lot or site and shall not include portions of streets and alleys.

The flood having a one (1) percent chance of being equaled or exceeded in any given year.

As defined in the Building Code of the City of Bonham. A basement shall not be counted as a story in computing building height.

A “block” is a tract or parcel of land designated as such on a duly recorded plat and may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad right-of-way, or natural or man-made physical features (e.g., ditches, gullies, ridges, etc.) that disrupt what would otherwise be an unbroken landscape. Where this word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side.

The Zoning Board of Adjustment of the City of Bonham.

A covered passage one (1) story in height connecting a main structure and an accessory building.

An exterior wall surface composed of:

Land area used to physically separate one use from another, or to shield or block noise, light, visual intrusions or other nuisances.

The width of the building site left to be built upon after the required side yards are provided.

Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. The term “building” shall be considered as if followed by the words “or part thereof.” When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

A building surrounded by yard or open space on the same building lot.

Those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building spacing regulations for multiple-family dwelling, the term “building end” shall mean the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot, or adjoins the side lot line or another building.

The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

The vertical distance above a reference datum measured to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of the building:

The Building Official or person charged with the enforcement of the zoning and building codes of the City.

Reserved for future use.

A line parallel or approximately parallel to the right-of-way line at a specified distance therefrom constituting the minimum distance from the right-of-way line that a building may be erected.

A single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a “building lot” may not coincide with a lot of record. A “building lot” may be subsequently subdivided into two (2) or more “building lots”, and a number of “building lots” may be cumulated into one “building lot”, subject to the provisions of this ordinance.

A building in which is conducted the principal use of the lot on which it is situated.

The Building Inspector of the City of Bonham.

Any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

A permanent roofed structure entirely open on at least two (2) sides, designated for or occupied by private passenger vehicles.

As defined in the Building Code of the City of Bonham. A cellar shall not be counted as a story in computing building height.

An official certificate issued by the City through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.

The City of Bonham, Texas.

Shall mean “touching” or “in contact”.

Any business, other than a home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place.

The separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 81.002 of Vernon’s Annotated Civil Statutes.

An open, unoccupied space, bounded on more than two (2) 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 (1) side open to a street, alley, yard, or other permanent space.

See Lot Coverage

A local street with only one outlet and having a terminal of sufficient width for the reversal of traffic movement.

The ratio of the number of dwelling units per net acre of platted area being developed. Net acre shall be defined as the acreage of a site less any existing or proposed rights-of-way, or floodplain that is not either reclaimed or substantially improved as open space and incorporated into the project.

The mean horizontal distance between the rearmost line of a building other than an accessory building and the centerline of the alley where an alley exists, otherwise the rear lot line.

A section of the city for which the regulations governing the area, height, or use of the land and buildings are uniform.

Reserved for future use.

Any building, or portion thereof, which is designed for use for residential purposes.

A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, except for buildings designed and used as hotels, boarding houses, rooming houses, and motels.

A grant of one or more of the property rights by the property owner to and/or for the use or benefit by the public, a corporation, or other person or entity. An easement shall be identified on a subdivision plat, filed for record with the appropriate county clerk, and cannot be varied or altered by action of the Board of Adjustment.

An individual or group of two or more persons related by blood, marriage, adoption or guardianship including foster children, exchange students, and servants together with not more than two (2) additional persons not related by blood, marriage, or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a Family Home for the Disabled as defined by the Community Homes for Disabled Persons Location Act, Article 1011n of V.A.C.S., as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities.

An area of land subject to inundation by a 100-year frequency flood, as shown on the floodplain map of the City of Bonham. The term “floodplain” is interchangeable with the term “flood hazard area”.

The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages or porches.

The ratio of total building floor area to lot area.

The portion of a building, structure, lot, or parcel of land which faces or abuts the street upon which such building, structure, lot, or parcel of land is addressed.

See Yard, front.

All of the property measured along the property line abutting on one side of the street upon which such building, structure, lot, or parcel of land is addressed.

The sale of items normally accumulated by a household subject to compliance with each of the following conditions:

The gross floor area of a building shall be measured by taking outside dimensions of the building at each floor level. The gross floor area of an apartment house shall be measured by taking outside dimensions of the apartment house at each floor, excluding the floor area of basements or attics when not occupied as living quarters.

A self-propelled vehicle having a Manufacturer’s Recommended Gross Vehicle Weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers, buses, vans, and other similar vehicles. The term “truck” shall be construed to mean “heavy load vehicle” unless specifically stated otherwise.

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 if a flat surface, (2) to the deck line of mansard roofs, or (3) to the mean height level between eaves and edge 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. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Roads, parking areas, buildings, and other impermeable construction cover [covering] the natural land surface that prevents absorption of the water. Water quality basins, swales, and other conveyances for overland drainage shall not be calculated as impervious cover.

A residential structure designed for use and occupancy by one (1) or more families, constructed in one (1) or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term shall not mean or apply to (a) housing constructed of sectional or panelized systems not utilizing modular components; or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

A corner lot whose exterior side yard is adjacent to the front yard of another lot.

Plant material of the evergreen variety, a minimum of six (6) feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

A self-propelled vehicle having a Manufacturer’s Recommended Gross Vehicle Weight not greater than 11,000 pounds, and having no more than two (2) axles, such as pickup trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.

The room or rooms occupied by a family and which includes cooking facilities.

An undivided tract or parcel of land under one (1) ownership having frontage upon a public street or officially approved place, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with such yards and other open spaces as are required by this ordinance, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

The net area of the lot, exclusive of any portion of streets, alleys, or rights-of-way.

The percentage of the total area of a lot occupied by the base (first story or floor) of a building located on the lot or the area determined as the maximum cross-sectional area of the building.

The average horizontal distance between the front and rear lot lines.

A lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

A lot having access to a street by means of a parcel or portion of land having a greater depth than its frontage and having a width less than the minimum required lot width.

The lines bounding a lot as defined herein.

A lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk of Fannin County or a parcel of land the deed for which is recorded in the office of the county clerk of Fannin County prior to the adoption of this ordinance.

The average length of the front and rear property lines.

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

A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) 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 systems. All references in this ordinance to manufactured housing or manufactured home(s) shall be references to HUD Code Manufactured Housing, unless otherwise specified.

Reserved for future use.

Any tract of land, under single ownership, approved for occupancy by manufactured housing and accessory structures related thereto, and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Bonham relating to the location, use, construction, operation or maintenance of manufactured housing.

A tract of land to be used as a location primarily for owner-occupied HUD Code manufactured homes and which has been final platted of record in its entirety in accordance with the City of Bonham Subdivision Regulations.

“Modular Home” means a structure or building module as defined by statute and under the jurisdiction and control of the Texas Department of Labor and Standards, installed and used as a residence by a consumer, transportable in one (1) or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.

A principal use involving the mechanical or chemical transformation of raw materials or substances into new products, including the blending of materials such as, but not limited to, oils, chemicals, plastics or resins, and including the shredding or crushing of materials whereby they are changed from one use or function to another. This definition shall apply to any such process regardless of whether the new product is finished or semi-finished as a raw material in some other process, regardless of quantity of product[, or] is or is not toxic or hazardous.

That form or construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, or other similar building units, materials, or combination of these materials, laid up unit by unit and set in mortar.

See Manufactured Home (HUD Code) Park.

See Manufactured Home (HUD Code) Subdivision.

A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.

A structure or building module that is manufactured at a location other than the location where it is installed and used as a residence; transportable in one or more sections on a temporary chassis or other conveyance device; and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. This term includes the plumbing, heating, air-conditioning and electrical systems contained within the structure. This term does not include a mobile home or building modules incorporating concrete or masonry as a primary component.

Reserved for future use.

Any use which was in existence and lawfully operating on the effective date of this ordinance or amendment hereto, and has since been in regular and continuous use, but which does not conform to the use regulations prescribed in this ordinance or amendments hereto.

Any structure which was in existence and lawfully constructed on the effective date of this ordinance or amendment hereto, and has since been in regular and continuous use, but which does not conform to the lot area, lot dimensions, front yard, side yard, rear yard, coverage, height, parking[,] loading, building spacing, screening, landscaping, or other regulations prescribed in this ordinance or amendments hereto.

The use or intended use of the land or buildings by proprietors or tenants.

Off-street parking spaces provided in accordance with the requirements specified by this ordinance and located on the lot or tract occupied by the main use or within two hundred (200) feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

An area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See Section 13 [Article 13] for detailed regulations.)

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, porches and plant material. Also see “Usable Open Space” (Section 19.02.124).

The storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six (6) feet above ground level, for more than twenty-four (24) hours.

see Lot.

An all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Reserved for future use.

The word “person” when used in this ordinance shall for the purpose of this ordinance, mean every person, firm, copartnership, association, partnership, corporation, or society; the term “person” shall include both singular and plural, and the masculine shall embrace the feminine gender.

The duly appointed Planning and Zoning Commission of the City of Bonham.

An open, unoccupied space reserved for the purpose of access to abutting property.

A map of a town, section, or subdivision showing the location and boundaries of individual parcels of land and subdivided into lots, with streets, alleys, etc., drawn to scale.

Land together with any buildings or structures occupying it.

A building or structure, the use of which is a principal use.

The main or predominant use of any building, lot, or structure. Where a building has multiple tenants, such as a shopping center, the principal use shall be determined by the main or predominant use of the individual tenant or lease space.

Structures supporting antenna for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.

Same as dwelling; when used with district, an area of residential regulations.

Reserved for future use.

Any zoning district included in this ordinance in which residential use constitutes the primary permitted use classification, including the R, D, A, and MH district classifications.

A building or portion of a building that is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

The sale of goods directly to a consumer; engaged in, pertaining to, or relating to the sale of merchandise at the retail level; to sell by individual items or by the piece, directly to a consumer. For the purposes of this ordinance, uses in a residential district such as garage sales, church bazaars, lemonade stands, and the like shall not be considered retail uses.

See “Landscape Screen”.

The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the property line.

That area of a lot defined by and contained within the property lines and the setback lines.

A line parallel to the property line at specific distance therefrom defining the minimum distance from the property line that a structure may be erected and beyond which no part of any structure may project.

An outdoor advertising device that is a structure, or that is attached to or painted on a building, or that is leaned against a structure for display on-premises.

A combination of continuous lots or tracts that may or may not be owned separately, that will be developed under one unified plan, as if it were a single parcel of land.

A detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:

Less than opaquely covered human genitals, pubic region, or pubic hair; or less than opaquely covered perineum, buttock, or anus; or less than opaquely covered female breast below a point immediately above the top or [of] the areola.

Reserved for future use.

Human genitals in a discernible state of sexual stimulation or arousal; or acts or representations of human masturbation, sexual intercourse, sodomy, bestiality, excretory functions, sadism, masochism, lewd exhibition of genitals; or fondling or other erotic touching of human genitals, pubic region or pubic hair, perineum, buttock or anus, or female breast.

The accumulation, stocking, or depositing of materials or items. These may include materials for the eventual use or sale in a commercial enterprise; but does not include the storing of a single car or truck on an individual residential lot.

That portion of a building between the surface of any floor and the surface of the floor next above it, or it [if] there be no floor above it, then the space between such floor and the ceiling next above.

A story under a gable, hip, or gambrel roof, the wall plates of which are on at least two (2) exterior walls not more than two (2) feet above the floor of such story.

Any public thoroughfare dedicated to the public and not designated as an alley.

A dividing line between a lot, tract, or parcel of land and a contiguous street; the right-of-way.

Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings, communications towers, signs and swimming pools, and excluding utility poles, parking lots, fences, and retaining walls. (See Building)

Any change in the supporting member of a building, such as a bearing wall, column, beams, or girders.

The division of a parcel of land into two (2) or more lots or tracts subsequent to September 14, 1960, for the purpose of transfer of ownership, dedication of streets, alleys, or easements, or for use for building development. A division of land for agricultural purposes into tracts of five (5) acres or more, and not involving the construction of a new street or alley shall not be deemed a subdivision. This definition includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

A swimming pool constructed for the exclusive use of the residents of a single-family, two-family, or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight (8) feet to any property line.

Any place where tattoos or body piercing as defined in the Texas Department of Health code, chapter 146 is performed.

A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas except as may be otherwise provided or restricted by the Specific Use Permit.

(Same as Arterial Street.)

An open area designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent (10%), shall have no dimension of less than ten (10) feet, and may include landscaping, walks, water features and decorative objects. Usable open space shall not include rooftops, accessory buildings, parking areas, driveways, turnaround areas, or right-of-way or easement for streets or alleys. (Also see Open Space, Section 19.02.86.)

The purpose for which land or buildings are or may be occupied in a zoning district.

An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Storage in an enclosed building of articles, foods, liquids and/or plants, including all necessary office, distribution, and/or sales space. This definition does not include truck terminals or railroad freight terminals, as herein defined.

The sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point forty (40) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

A classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.

The Official Zoning Map of the City of Bonham together with all amendments thereto.

This ordinance and any amendments hereto, containing land use and structure use regulations for the City of Bonham.