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.

Shall mean "next to" or "closest to" but shall not necessarily mean "touching."

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

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 satellites which 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.

A building story which is partly underground, but having a least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.

[Reserved.]

An area enclosed by streets and occupied by or intended for buildings; where this word is used 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 Gunter.

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. 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 space regulations for multiple-family dwelling, the term "building end" shall mean the narrowest side of a building regardless of whether it front[s] 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 Building Official or person charged with the enforcement of the zoning and building codes of the city.

Reserved.

A line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street 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.

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 building story with more than one-half (1/2) its height below the average level of the adjoining ground. 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.

Shall mean "touching" or "in contact."

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.

The percent of a lot or tract covered by the roof or first floor of a building.

The horizontal distance between the front and rear lot lines when measured at their narrowest point.

The mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line except as modified in the text of any section in this ordinance.

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

A building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

A building or portion thereof designed exclusively for residential occupancy, including one (1) family, two (2) family, and multiple-family dwellings, except for buildings designed and used as hotels.

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 Gunter. The term "floodplain" is interchangeable with the term "flood hazard area."

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.

Reserved.

See Yard, front (Section 37.2.104a [Section 37.2.101a]).

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.

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 be [been] officially established, the average front yard grade shall be used for a base level.

Reserved.

Plant material of the evergreen variety, a minimum of six (6) feet in height at the time of installation and planted on four (4) 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.

Reserved.

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.

A lot 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 135 degrees. 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.

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

Reserved for future use.

That boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

That boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.

That boundary of a building lot which is not a front lot line or a rear lot line.

The line 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 Bosque [Grayson] County; or a parcel of land the deed for which is recorded in the office of the county clerk of Bosque [Grayson] County prior to the adoption of this ordinance.

Reserved.

Land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.

The width of a lot at the front building lines.

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

Any tract of land, under single ownership, of not less than three (3) acres and not more than ten (10) acres, 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 Gunter relating to the location, use, construction, operation or maintenance of manufactured housing.

A tract of land of not less than two (2) acres 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 Gunter Subdivision Regulations and in accordance with the Section 25 of this ordinance.

"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.

Uses restricted from other zoning districts but permitted in the M-1 and M-2 districts under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent area.

See Manufactured Home (HUD-Code) Park.

See Manufactured Home (HUD-Code) Subdivision.

Reserved

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 located.

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 [zoning] 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 29 for detailed descriptions and 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 37.2.101 [Section 37.2.98]).

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.

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.

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

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 Gunter and subject to approval by the Planning and Zoning Commission.

Reserved.

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.

Any zoning district included in this ordinance in which residential use constitutes the primary permitted use classification, including the SF-E, SF-1, SF-2, MF, MH-1 and MH-2 district classification.

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.

See "Landscape Screen."

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

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

The height between the successive floors of a building from the top floor to the roof. The standard height for a story is eleven (11) feet, six (6) inches.

Any thoroughfare or public driveway, other than an alley, more than thirty (30) feet in width, which has been dedicated or deeded to the public or [for] public use.

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

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

(Same as Building.)

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.

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 Street.)

A building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

An open area which is 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.

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.

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.

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 lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

An open, unoccupied space, except for accessory buildings placed at least five (5) feet off the property line, as herein permitted extending across the rear of a lot from one (1) side lot line to the other side lot line.

An open, unoccupied space or spaces on one (1) side or two (2) sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.

The official certified map upon which the boundaries of the various zoning districts are drawn.

This ordinance containing land use regulations for the City of Gunter.