The provisions of the Uniform Building Code will apply except where they are in conflict with the definitions and regulations contained in this Code in which event this Code shall apply. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use means:

(1)

A detached building or use that is subordinate to and serves the principal building or the principal use;

(2)

Subordinate in area, extent, or purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience, and necessity of occupants of the principal building or principal use served;

(4)

Is located upon the same building lot at as the principal building or principal use served;

(5)

An accessory building may not exceed 600 square feet;

(6)

An accessory building may not contain kitchen accommodations/facilities;

(7)

An accessory building may contain plumbing and bathroom accommodations/facilities;

(8)

May not be used as living quarters.

The term "accessory," when used in the text, shall have the same meaning as accessory use. An accessory building may be a part of the principal building. Servants' quarters, as defined, are an accessory building or use.

Adult bookstore means a business enterprise having a portion of its stock in trade in, or which has as a purpose, the offering for sale of books, magazines, pamphlets, pictures, drawings, photographs, motion picture films, videocassettes, sound recordings or, printed, visual or audio material of any kind, which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or any business establishment that offers for sale books, magazines, pamphlets, pictures, video recordings, drawings, photographs, motion picture films, or sound recordings, or printed, visual or audio material of any kind, which entire business establishment, because of the depiction or description of specified anatomical areas or specified sexual activities in the materials offered for sale, is restricted to adults, or is advertised or promoted as being restricted to adults.

Apartment house means a building or any portion thereof, which contains three or more dwelling units. A low-rise apartment house is one which does not exceed two stories in height. A multiunit high rise apartment building is one that consists of three or more stories.

Attached building means a building that is structurally attached with the common foundation to the principal building. A building that is structurally attached with the common foundation to the principal building is not subject to the 600-square-foot limitation, and may contain kitchen and/or bathroom accommodations/facilities. A building that is structurally attached with a common foundation to the principal building is not considered an accessory building but is then considered to be an integral part of a principal building.

Basement means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

Board means the board of adjustment.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building height means the number of stories contained in a building.

Building line means the rear line of a required front yard which is generally parallel to the street line forming the front lot line.

Building lot means a single tract of land located within a single block which (at the 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.

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

Commission means the zoning commission of the town.

Court means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.

Depth of lot means the horizontal distance between the front and rear lot lines.

Detached building means a building surrounded by yards or open spaces on the same building lot as the principal building. It is not a dwelling unit or servant's quarters, and it may not contain kitchen and/or bathroom facilities. It may not be used for living quarters.

District means a zoning district which is part of the town where regulations of this Code are uniform.

Dwelling means a building or portion thereof designed and used exclusively for residential occupancy. It shall not include a house trailer or HUD manufactured home.

Dwelling unit means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the current edition of the International Residential Code, for not more than one family.

Family means an individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

Front of lot means the front boundary line of a lot bordering on the street and, in the case of a corner lot, may be either frontage.

Front yard means a yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the street line and the front main building or any projections thereof, other than steps, unenclosed balconies, or unenclosed porches; however, a roof edge may extend into a building setback area, provided that no such roof edge shall extend more than three feet into a building setback area. A building setback area and building site will be measured from the front property lot line to building foundation edge.

Garden home means a detached, single-family, residential dwelling that does not exceed in height 30 feet or two standard stories plus one-half story; contains a minimum of 1,600 square feet of heated and air conditioned living space; and has no common walls with any other dwelling or dwelling unit upon the lot on which it is located.

Hotel means a building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. Additionally, the building shall be subject to but not limited by the following criteria:

(1)

The building shall contain a minimum of 65 guest rooms;

(2)

The building shall not exceed four standard stories or 70 feet in height without a special use permit issued by the city council authorizing the construction of a facility in excess of this height regulation;

(3)

The building shall contain interior corridors with no external entrances to guest rooms;

(4)

The building shall not contain a full service restaurant but may provide a continental breakfast with limited cooking allowed;

(5)

The breakfast serving time shall not exceed 11:00 a.m.;

(6)

Guest rooms shall not contain cooking facilities but may contain a microwave oven, a small drink refrigerator, a coffee pot and a small wet bar with a sink;

(7)

The facility shall not allow overnight parking of semitrucks or commercial vehicles in excess of 24 feet in length;

(8)

The facility shall construct parking spaces to accommodate only passenger cars and light trucks;

(9)

No vehicle, other than temporary delivery vehicles to the hotel, will be allowed to operate power generators or refrigeration units on the premises of the facility; and

(10)

External advertising of the hotel's accommodation rates on the building or property is prohibited.

House trailer means a vehicle used for living or sleeping purposes and standing on wheels or on rigid supports, but which when properly equipped and situated can be towed behind a motor vehicle. A house trailer is not a residence as herein defined.

Incomplete building or structure means that which is structurally unsafe or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or is not safe for human habitation or use.

Lot means land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this chapter and having its principal frontage on a public street or officially approved place.

Lot area means the area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot.

Lot lines means the lines bounding a lot as defined herein.

Lot of record means an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the state with the county clerk or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.

Nonconforming use means a use which does not comply to the terms of the ordinance for the district in which it is located, and which was a legal use at the time of the commencement of the use, but became not in accordance with the ordinance by reason of the location of the use being annexed, or by reason of amendment of the ordinance, or by reason of adoption of the ordinance.

Principal building means a single-family dwelling building.

Principal use means the main use of land or buildings as distinguished from a subordinate or accessory use.

Rear yard means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear property lot line and the rear main building line or any projections thereof, other than steps, unenclosed balconies, or unenclosed porches; however, a roof edge may extend into a building setback area, provided that no roof edge extend more than three feet into a building setback area. A building setback area and building site will be measured from the rear property lot line to building foundation edge.

Servant's quarters means a detached building located on the same lot as the principal building and not exceeding 600 square feet in total living area, or a portion of the principal building on the lot that is occupied only by such person and their immediate family that is employed fulltime as a bona fide servant by the occupants of the principal residence. A detached servant's quarters is considered a dwelling unit and not a detached accessory building.

Side yard means a yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance between any building or projection thereof, except steps and the side lot line, however a roof edge may extend into a building setback area, provided that no roof edge extend more than three feet into a building setback area. Building setback area and building site will be measured from the side property lot line to building foundation edge.

Sign means a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land and which directs attention to an object, product, place, activity, institution, or business. A sign is not a display of official court or public office notices nor is it a flag, emblem, or insignia of a nation, political unit, school, or religious group. A sign shall not include a sign located completely within an enclosed building.

Single-family dwelling means a building containing only one dwelling unit and occupied by only one family.

Structure means that which is built or constructed, an edifice or building of any kind or, any piece of work artificially built up or composed of parts joined together in some definite manner.

Use of property means the purpose or activity for which the land, or building thereon is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of such activity with respect to the standards of this chapter.

Yard means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot on which a building is situated.

Zoning district map means the map or maps incorporated into this chapter as a part hereof by reference thereto.

(Code 1985, § 31.200; Code 1989, § 19-1; Ord. No. 383, § 1631.200, 5-16-1987; Ord. No. 438, § 1, 7-19-1988; Ord. No. 486, 6-19-1990; Ord. No. 655, 4-27-1998; Ord. No. 703, 4-3-2001; Ord. No. 826, 7-18-2006; Ord. No. 861, § III, 8-19-2008; Ord. No. 2009, § I, 4-20-2021)

The zoning map and zoning regulations as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, and to prevent overcrowding of land. They have been made with reasonable consideration, among other things, to its particular suitability for the particular uses and with the view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.

(Code 1985, § 31.100; Code 1989, § 19-2)

All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, relocations, and restorations of existing buildings occurring hereafter shall be subject to the requirements and regulations of this chapter, and no land shall be used for and no building shall be erected for or converted to any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided.

(Code 1985, § 31.301; Code 1989, § 19-3)

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, upon completion, may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to all applicable provisions of this chapter.

(Code 1985, § 31.302; Code 1989, § 19-4)

Except as herein provided:

(1)

No land shall be used except for a purpose permitted in the district in which it is located.

(2)

No building or structure shall be erected, converted, enlarged, reconstructed, structurally altered or moved, nor shall any building be used, except for a use permitted in the district in which such building or structure is located.

(3)

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building or structure is located.

(4)

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building or structure is located.

(5)

No building or structure shall be erected, or structurally altered to the extent specifically provided hereinafter, except in conformity with the area regulations of the district in which such building or structure is located.

(6)

The minimum yards, parking spaces, and open spaces including lot area per family, required by this chapter for each and every building or structure existing at the effective date of this chapter or for any building or structure hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building or structure, nor shall any lot area be reduced below the requirements of this chapter, for the district in which such lot is located.

(7)

Every building or structure hereafter erected or structurally altered shall be located on a lot as herein defined, and, except as hereinafter provided, there shall not be more than one main building or structure on one lot.

(8)

Temporary housing of all kinds is forbidden, including garage apartments, house trailers, camper trailers, camper buses, etc.

(Code 1985, § 31.303; Code 1989, § 19-5; Ord. No. 487, 6-19-1990)

(a)

The owner of any building or premises or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, building contractor, laborer, carpenter, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and, upon conviction, shall be punished according to the general penalties described in section 1-15. Each and every day of violation shall constitute a separate offense and shall be punishable accordingly. The provisions of this subsection shall be in addition to the remedies provided in subsection (b) of this section.

(b)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the city or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or above such premises including but not limited to all remedies provided in V.T.C.A., Local Government Code § 211.012. The imposition of any penalty hereunder shall not preclude the town or any proper person from instituting any appropriate action or proceedings to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder.

(Code 1985, § 31.900; Code 1989, § 19-6; Ord. No. 409, § 1, 9-15-1987)