For the purposes of this chapter, words used in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the term "shall" is mandatory and not discretionary. Certain words in this chapter not heretofore defined are defined herein.

(Ord. No. 2006-14, § 17-96, 7-11-2006)

The definitions in this section do not include the definitions of land uses. Uses are defined in section 40-35. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use means a use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. An accessory use shall be operated and maintained under the same ownership and on the same zoned lot as the primary use.

Alley means a public space or minor dedicated way which is primarily used for utility lines and a secondary means of access for vehicular service access to the back or the side of properties, otherwise abutting on a street.

Appeal means a request for review of a city administrative official's interpretation of any provisions of this chapter, or review of a decision regarding enforcement of this chapter by any board or commission appointed by the city council.

Area regulations means regulations controlling minimum lot area, lot depth, and lot width, as well as required front, side and rear yards.

Basement means that portion of a building having one-half or more of its floor-to-ceiling height below grade level and having a floor-to-ceiling height of not less than 6½ feet. A basement shall not be counted in computing the number of stories.

Block means an area enclosed by streets and may contain one or more lots. If the term "block" is used as a term of measurement, it shall mean the distance along a side of a street lying between the nearest two intersecting streets that intersect the street on such side; or if the street is a dead-end street, a block shall be measured between the nearest street and the end of such dead-end street.

Board of adjustments and appeals means the board of adjustments and appeals of the city, as created by this chapter and appointed by the city council.

Building means any structure designed, built, or intended for the shelter or enclosure of persons, animals, chattel, or moveable property of any kind, or for an accessory use. When separated in a manner sufficient to prevent the spread of fire, each portion of such structure so separated shall be deemed a separate building. The term "building" shall include structures wholly or partly enclosed with an exterior wall and roof.

Building code means the most current edition of the building code as adopted by the city.

Building inspector means the head of the city code department.

Building line means a line which is parallel or approximately parallel to the street right-of-way line (same as property line) designating the minimum distance from the street right-of-way line that a building may be built.

Building permit means an official permit issued by the city through the building inspector to allow a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any structure in accordance with this Code.

Centerline, street or alley, means an imaginary line located midway between the bounding right-of-way lines of a street or alley.

Certificate of occupancy and compliance means an official certificate issued by the building inspector that indicates conformance with zoning regulations and other applicable building development regulations and authorizes legal use of the premises for which it is issued.

City council means the governing body of the City of Dalhart, Texas.

City manager means chief administrative officer of the City of Dalhart.

Commission. Same as Planning and zoning commission.

Comprehensive plan or master plan means a periodically updated series of documents that unify all elements and aspects of city planning. This plan serves as a policy guide to zoning and subdivision decisions reflecting the best judgment of the staff, planning and zoning commission, and the city council.

Council. See City council.

Cul-de-sac means a dead-end street providing a turnaround for vehicles.

Day means calendar day, unless otherwise specified.

Density means the relationship of dwelling units or other buildings to the area upon which such dwellings or other buildings are located or erected, typically measured in number of lots per acre.

District. See Zoning district.

Driveway means any area constructed within the public right-of-way, connecting the public roadway with the adjoining property for the purpose of providing access for motor vehicles.

Dwelling unit. See Housing unit.

Easement means a right granted for the purpose of limited public or semipublic use across, over or under private land held by the city or its franchised utility companies to be used for access, drainage or the placement of utilities such as water, sewer, telephone lines, electrical lines or gas lines or other specific public purpose.

Family means any number of individuals living together as a single housekeeping unit, in which not more than three individuals are unrelated by blood, marriage or adoption, or any number of individuals with disabilities residing in community homes for the disabled and meet the state licensing requirements as mandated in the V.T.C.A., Human Resources Code ch. 123.

Floor area means the total square footage of floor space including each floor level (all stories) within a building or buildings on a lot, measured from the face of exterior walls.

Freeway. See Street, freeway.

Frontage, lot, means the width of a lot adjacent to a street between two adjacent property lines of lots.

Frontage, street, means the length of all property on one side of a street lying between two intersecting streets measured along the right-of-way line, or if the street is a dead-end, then the length of all property abutting on one side between an intersecting street and the end of the dead-end street.

Grade means average finished ground elevation of the lot at the base of the existing or proposed structure as measured at the exterior corners.

Height means the vertical distance of a building or structure measured from the average base grade of the building or structure, to:

(1)

The highest point of a sign;

(2)

The highest point of the roof's surface if it is a flat surface;

(3)

The deck line of mansard roofs; or

(4)

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 feet in height.

Housing unit means a building or portion of a building that is arranged, occupied, or intended to be used as living quarters and includes facilities for food preparation and sleeping.

HUD label inspection number means official manufactured home identification information issued by the Department of Housing and Urban Development (HUD) certifying that the home has been inspected and meets federal home construction and safety standards.

Legal height means the maximum allowable height of a building or structure.

Living unit. See Housing unit.

Lot means a parcel of land described and recorded as a lot in the records of county. A lot is an undivided tract or parcel of land which is under one ownership, either occupied or to be occupied by a building and its accessory buildings, and having its principal frontage upon a public street or officially approved place. In the event any lot or lots of land acreage as recorded are subdivided or cut up into smaller or different parcels of land, or in the event any parcel of such lot or lots of land acreage is used for the purpose of placing on any such parcel a principal building and its accessory buildings, each such parcel of land shall become a separate lot for the purposes of this chapter. The boundaries of each such lot shall be determined and defined so as to contain sufficient area to include the principal building and its accessory buildings to be erected thereon and the setbacks and vehicular parking required under this chapter.

Lot area means the square foot area or the acreage of a lot within the bounding property lines, calculated length times width of the lot, excluding dedicated streets and alleys.

Lot, corner, means a lot located at the junction of two or more streets.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having frontage on two essentially parallel streets.

Lot frontage. See Frontage, lot.

Lot, interior, means a lot other than a corner lot.

Lot line means the property lines bounding a lot.

Lot line, front, means the narrower side of the lot abutting a street.

Lot line, rear, means the lot line farthest from and most parallel to the front lot line.

Lot line, side, means any lot line not the front or rear lot line.

Lot of record means a lot, which is part of a subdivision, the plat of which has been duly recorded in the office of the county clerk.

Lot width means the width of a lot at the front building line.

Main building means the building or buildings on a lot that are occupied by the primary use.

Manufactured home space means an area within a manufactured home park that is designed for and designated as the location for a manufactured home and the exclusive use of its occupants.

Nonconforming use means a building, structure, or use of land lawfully occupied at the time of the effective date of this chapter or amendments thereto, and which does not conform to the use regulations of the zoning district in which it is situated. (See article VII of this chapter.)

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

Official filing date means the date upon which a request for a zoning change, variance, or other item requiring board, commission or city council action as described in this chapter is submitted to the city for review and the associated filing fee is paid.

Off-street parking means an enclosed or unenclosed area, not on a public street or alley, established for or used for the parking of a motor vehicle.

Open space means area included in any front, side or rear 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.

Openings for light and air means any window, window wall, or glass panel located in the building, but not including doors which are used only for ingress and egress.

Parcel. Same as Lot.

Parking area means an off-street parking area containing multiple parking spaces together with accompanying maneuvering area and driveway access, located off-street and composed of all-weather surface material, for the storage of motor vehicles.

Parking space means a storage area or stall for parking of an individual motor vehicle and is composed of an all-weather surface together with an all-weather driveway connecting the parking space with a street or alley.

Parkway means the portion of the public street right-of-way that is situated between the front lot line and the edge of pavement or back of curb of the street immediately adjacent to the lot.

Person includes firms, partnerships, associations, or corporations, but does not include any governmental unit.

Planning and zoning commission means the agency appointed by the city council as an advisory body to it regarding various aspects of land development and future physical planning and which is authorized to recommend changes in the zoning and other functions as delegated to it by the city council.

Plat means a complete and exact subdivision plan submitted to the city council for final consideration and which, if it meets the requirements of chapter 34 and is approved, it will be submitted to the county clerk for recording.

Plat, approved, means a final plat of a subdivision of land creating building lots or tracts and showing all dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the planning and zoning commission and city council and filed in the plat records of the county.

Platted lot. Same as Lot.

Porch means a roofed space open on three sides, one or more stories in height, the roof of which is an extension of the roof of a building to which the porch is attached.

Principal building. Same as Main building.

Property owner means the person with legal title to the property, whether or not he is in possession of the property.

Recreational vehicle means a vehicular-type, portable structure built on a single chassis, that is self-propelled or permanently towable by a light-duty truck and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. Such structure shall be 400 feet or less in area when measured at the largest horizontal projections. The definition of the term "recreational vehicle" includes campers, motor homes, fifth wheels and travel trailers, but does not include a mobile home or manufactured home.

Residence means a building or portion of a building that is arranged, occupied, or intended to be executed as living quarters and includes facilities for food preparation and sleeping). Same asHousing unit.

Residential use means a single-family, duplex, multiple-family, manufactured home, or group living quarters, together with bona fide accessory uses.

Residential zoning district means R-1, R-2, R-3, MD, A, MH, or residential PD zoning districts.

Reverse frontage lot means a corner lot, the rear of which abuts the side of another lot.

Schedule of uses means section 40-34 that refers to the use of land and buildings permitted in specified zoning districts.

Service means activity which involves the provision of useful labor to supply some public demand, but does not produce a tangible commodity.

Sign means 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 or display on premises.

Sign, attached (wall sign), means a sign that is affixed to or supported by or painted on an exterior wall of any building. Such sign shall project not more than six inches from the building wall or parts thereof.

Sign, detached (freestanding), means a sign that is supported by structures, supports, or foundations in or upon the ground and independent of support from any building.

Sign, existing, means a legally existing sign, including nonconforming sign, which has been completely erected.

Sign, illegal, means a sign that was erected in violation of any regulation applicable at the time the sign was installed, or any sign which does not conform to sign regulations set forth by the city or which is not deemed nonconforming by the building inspector shall be considered an illegal sign.

Sign, illuminated, means any sign illuminated in any manner by an artificial light source.

Sign, nonconforming, means a lawfully existing sign that met all zoning and other code requirements at the time it was constructed.

Sign structure means the supports, uprights, braces, and framework, including structural trim of a sign.

Sign, temporary, means any sign, including banners, pennants, valances, or any other advertising display of paper, cloth, canvas, vinyl, light fabrics, cardboard, wallboard, or other lightweight materials of a nondurable character, with or without frames, intended to be displayed for a limited period of time, which announces any event or performance, or promotes or advertises any person, place, or thing for any purpose.

Skirting means a weather-resistant material used to enclose the space from the bottom of a manufactured home to the ground. (See section 40-38.)

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, female breast below a point immediately above the top of the areola; and human genitals in a discernibly erect state, even if completely and opaquely covered.

Specified sexual activities means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, sodomy, acts of bestiality; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Stock in trade means the total volume or number of items, products or equipment available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

Story means the height between successive floors of a building or from the top floor to the roof. If there is no floor above it, a story is the space between the floor and the ceiling. The standard height for a story is 11 feet, six inches.

Street means any thoroughfare, other than an alley, and more than 30 feet in width, which has been accepted for public use and is publicly maintained when any part of it is opened to the use of the public for vehicular travel, whether designated a street, highway, thoroughfare, road, avenue, boulevard, land, place or however otherwise designated.

Street, arterial, means a street designed to accommodate cross-city traffic movement, distributing traffic to and from collector streets, as indicated by the city thoroughfare plan.

Street, collector, means a street designed to carry traffic from local streets to major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development, as indicated by the city thoroughfare plan.

Street, freeway, means a street designed to accommodate cross-country and/or limited cross-city traffic movement, with partial control of access and possible grade separation at major intersections, as indicated by the city thoroughfare plan.

Street frontage. See Frontage, street.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street, also known as the right-of-way line.

Street, minor (local street), means a street designed exclusively to provide direct access to abutting property and discourage through traffic. Local streets primarily serve traffic within a neighborhood.

Structural alteration means any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Structural trim means the mountings, battens, cappings, palings, nailing strips, latticing, cutout, or letter, platforms, and walkways which are attached to the sign structure.

Structure means anything constructed or erected on the ground or attached to the ground, artificially built up or composed of parts joined together in some definite manner, including, but not limited to, buildings, sheds, signs, manufactured homes, and other similar items.

Subdivision means the formal division of an area of land into two or more lots or tracts for the purpose of transfer of ownership, dedication of streets, alleys or easements, or for building development.

Surface display area/display face means that area made available on either side of the sign structure, the purpose of which is for the displaying of the advertising message.

Thoroughfare. Same as Street.

Tract. Same as Lot.

Utility means the city and/or a franchised utility company and having aboveground and/or belowground equipment and lines including, but not limited to, water, wastewater (sewer) gas, electricity, telephone, and cable television.

Variance means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to that particular parcel, is necessary to prevent the property from being deprived of its rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Yard means an open space on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhangs and similar special architectural features and plant material.

Yard, front, means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front or street line with the minimum horizontal distance between the street line and the main building line as specified for the zoning district in which it is located.

Yard, rear, means an open, unobstructed space, except for accessory buildings as herein permitted, extending for the full width of the lot between the rear wall of the main building and the rear lot line.

Yard, side, means an open, unobstructed space or spaces on one side or two sides of a main building and on the same lot as the main building, situated between the main building and the side lot line and extending through from the front yard to the rear yard. Any lot line that is not the rear line or a front line, shall be deemed a side lot line. Where a lot has only three lot lines, those lot lines which do not front upon a street shall be deemed side lot lines, unless otherwise denoted on an approved subdivision plat.

Zoning district means an area of the city for which the regulations governing the height, area, bulk, or use of the land and buildings are uniform within a specified zoning classification.

Zoning district map means the official certified map upon which the boundaries of the various zoning districts are shown, and which is an integral part of this chapter.

(Ord. No. 2006-14, § 17-97, 7-11-2006)