Certain words in this chapter not heretofore defined are defined as follows:

Accessory building (nonresidential): A building detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory use: A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

Alley: A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

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

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

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

Bedroom: A private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.

Block: A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

Board: The zoning board of adjustment as provided for in section 22-12.

Building line: A line parallel to the street line touching that part of a building closest to the street.

Building, front: The side of a building having a greater length than the end. As used herein for building spacing regulations for multiple-family dwellings, a building front shall be interpreted as being the side of a greater length whether it fronts upon a street, facing the rear of the lot or is adjacent to the side lot line of another building.

Building, rear: The opposite side from the building front.

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

Center line, street or alley: The line midway between the street right-of-way lines or the surveyed and prescribed centerline established by the Texas Department of Transportation or city engineer, which might or might not be the line midway between the existing or proposed street right-of-way lines.

City commission: The official governing body of the city.

Court, general: An open space, unobstructed from the ground to the sky, that is bounded on two (2) or more sides by the walls of a building that is on the same lot.

Density: The number of families, individuals, dwelling units, households, or housing structures per unit of land.

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

Dwelling unit: One (1) or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Family: A group of individuals not necessarily related by blood, marriage, adoption, or guardianship, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

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

Frontage, lot: The length of the front lot line measured at the street right-of-way line.

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

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

Height: The vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.

Lot: A piece, parcel, tract or plot of land.

(1)

Lot area: The total area within lot lines, excluding any street rights-of-way.

(2)

Lot coverage: The portion of the lot that is covered by buildings.

(3)

Lot depth: The average distance measured from the front lot line to the rear lot line.

(4)

Lot line: A line of record bounding a lot that divides one (1) lot from another lot or from a public or private street or any other public space.

(a)

Front: The lot line separating a lot from a street right-of-way.

(b)

Side: Any lot line other than a front or rear lot line.

(c)

Rear: The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

(d)

Lot width: The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback.

Lot, corner: A lot or parcel of land abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

Lot, record: A lot that is part of a subdivision plat that has been recorded in the real property records of Stephens County.

Main building: The building in which is conducted the principal use of the lot on which it is located.

Nonconforming building or structure: A building or structure, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment do the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the ordinance.

Nonconforming lot: A lot, tract or parcel of land, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the ordinance.

Nonconforming use: A use or activity that was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the ordinance.

Occupancy: The residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment, merchandise, or machinery in any public, commercial, or industrial building.

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

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

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

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

Street: Any vehicular way that: (1) is an existing state, county, or municipal roadway; (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action. The term "street" includes the land between the street right-of-way lines, whether improved or unimproved.

Structure: A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

Trailer stand, transient: A parking place for a house trailer or mobile home unit together with necessary yards and parking space required.

Use, nonresidential: Any use other than a single-family, two-family, multiple-family residence or rooming house and bona fide accessory uses as listed in section 22-6.

Use, residential: A single-family, two-family or multiple-family residence together with bona fide accessory uses as listed in section 22-6.

Use, retail or commercial: Any use listed or similar to a use listed as a retail or commercial in section 22-6.

Use: The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

Wall, exterior: The vertical exterior surface of a building.

Wall, interior: Vertical interior surface that divides a building's space into rooms.

Yard: The open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the ordinance is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance.

(1)

Front yard: A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

(2)

Rear yard: A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

(3)

Side yard: A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

Zoning district map: The term zoning map shall mean the Official Zoning Map of the City of Breckenridge, Texas, and all amendments to such zoning map.

Zoning district, nonresidential: The nonresidential zoning districts shall be considered to be the districts designated as C-1, C-2, C-3, I-1, I-2 and AG.

Zoning district, residential: The residential zoning districts shall be considered to be the districts designated as R-1, R-1-A, R-1-B, R-2, R-3, R-4 and MH.

Zoning district: A specifically delineated area or district in the City of Breckenridge, Texas, within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.

(Ord. No. 13-12, § I(Exh. A), 8-5-13)