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Irving City Zoning Code

CHAPTER UDC

9 Definitions

9.3 Definitions.

The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the city council or where the context of this ordinance clearly indicates otherwise.
1. 
"A" district
shall mean any land, either zoned A or classified A pursuant to Ordinance No. 209.
2. 
Accessory building or accessory structure
shall mean a subordinate building or structure, detached from the primary structure, and customarily incidental to the use within the primary structure.
3. 
Accessory use
shall mean a use subordinate to and incidental to the principal use.
4. 
Airport
shall mean a landing facility for aircraft containing a minimum of sixty (60) acres and approved by the United States Federal Aviation Agency.
5. 
Alcoholic beverage
shall mean alcohol or any beverage containing more than one-half of one percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.
6. 
Alley
shall mean a public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon.
7. 
Amusement, indoor
means a facility open to the public that provides general commercial amusement within a fully enclosed building. Indoor amusement activities may include, but are not limited to: arcade, axe throwing, or an escape room. Indoor amusement does not include a dance hall, nightclub, concert hall, card house, or similarly functioning use.
8. 
Amusement, outdoor
means a non-enclosed facility which provides commercial amusement or entertainment to the public for a fee or admission charge including, but not limited to: outdoor amusements such as a golf driving range and putting green; outdoor zoo; archery, softball, baseball, miniature golf, batting cages, drive-in theater and similar outdoor activities, but not including go-cart racing, dirt bike riding, drag strips, auto racing or sport shooting range. May include accessory office or assembly structures.
9. 
Amusement park
shall mean a lot, tract or parcel of land or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, or any animal, any of which is operated for a profit.
10. 
Apartment
shall mean a room or suite or rooms arranged, designed or occupied as a residence by a single-family, individual or group of individuals.
11. 
Apartment house
shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.
12. 
Area of lot
shall mean the net area of the lot and shall not include portions of streets and alleys.
13. 
Attached
shall mean having physical connection above the top of the floor line of the first floor.
14. 
Auto related business
means the sale of more than four (4) vehicles in a twelve (12) month period; vehicle rental or leasing; keeping of vehicle inventory for the purpose of sales, rental, or leasing; or vehicle maintenance, cleaning, repair, or painting.
15. 
Auto repair garage, major.
A commercial business that includes a variety of more intensive auto repair services of a passenger motorized vehicle to the public. Such service includes but is not limited to: replacement of auto parts that includes the dismantling of a vehicle including reconditioning or rebuilding; collision and body services, including body, frame, or fender straightening or repair; and painting of vehicles including use of a paint booth.
16. 
Auto service center, minor.
A commercial business for the same day servicing and minor repair of motor vehicles fully within enclosed service bays or stalls. Typical services include the retail sale and dispensing of lubricating oils, tires, filters, windshield wipers and other limited repair. This definition includes quick-lube shops, tire shops, and car stereo sales and installation. This definition does not include any functions considered as a major auto repair garage. This definition does not include a property used for the storage of vehicles being held for sale on or off the premises that may include minor "make ready" auto service as an accessory use.
17. 
Basement
shall mean that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
18. 
Bedroom
shall mean a room in an apartment other than a kitchen, dining room, living room, bathroom or closet. This item shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms or similar extra rooms.
19. 
Beverage.
See mixed beverage.
20. 
Blind fence or screening fence or wall
shall mean a fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level.
21. 
Block
shall mean an area within the city enclosed by streets and occupied by or intended for buildings; or, if said 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.
22. 
Boarding house or rooming house
shall mean a building, other than a hotel, where lodging and meals are served for compensation.
23. 
Boarding school
shall mean a place of instruction and training where four (4) or more pupils are housed overnight and given the majority of their meals on the premises.
24. 
Breezeway
shall mean a covered passage one story in height connecting a main structure and an accessory building.
25. 
Building
shall mean any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.
26. 
Building line
shall mean:
a) 
A line parallel or approximately parallel to the street line and beyond which buildings may not be erected.
b) 
A line beyond which buildings shall be set back from the lot line.
27. 
(Reserved)
28. 
(Reserved)
29. 
Bus
means a motor vehicle designed or used to transport more than twelve (12) persons on the public highway.
30. 
Business service
shall mean a commercial use devoted to the provision of skilled services for the benefit of the requesting customer, not to include retail sales except as accessory to the provision of the service.
31. 
Card game,
a card game (including but not limited to poker and variants of poker) in which:
a) 
a player places a bet based on cards held by the player; and
b) 
except for the advantage of skill or luck, the risks of losing and the chances of winning are the same for all players participating in the game.
32. 
Card house,
an establishment in an enclosed building where card, dice, or other similar games of skill or luck are played for money or anything of value in a private place; to which patrons are invited, for a fee, to purchase a membership, access, or participate in a game; and wherein no person receives any economic benefit other than personal winnings.
33. 
Carnival
shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.
34. 
Cellar
shall mean that portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.
35. 
Church
shall mean the place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns.
36. 
Circus
shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.
37. 
City:
The City of Irving, Texas.
38. 
City engineer, city traffic engineer, director of community development:
The aforementioned staff member of the city or their designee.
39. 
Clinic
shall mean an institution or facilities for examining, consulting with and treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care.
40. 
Club
shall mean an association or persons for promotion of some common object, such as literature, science or good-fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises.
41. 
Commence construction
shall mean the setting of building foundation piers and beams.
42. 
Commercial
shall mean any business, other than a customary 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.
43. 
Commercial amusement
shall mean an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge.
44. 
Community home
shall mean a licensed intermediate care facility within a residential structure for individuals with intellectual disabilities or related conditions as defined and regulated by Chapter 252 of the Texas Health and Safety Code.
45. 
Compact vehicle
shall mean any automotive vehicle of less than one thousand (1,000) pounds gross weight and having a maximum wheel width of six (6) feet and a maximum wheel length of fourteen (14) feet.
46. 
Concert hall.
See theater.
47. 
Convalescent home
shall mean any structure other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age.
48. 
Corner lot
shall mean a lot situated at the junction of two (2) or more streets.
49. 
Country club
shall mean an area of twenty (20) acres or more containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services.
50. 
Customary agriculture building
shall mean a structure for storing or housing the usual products and animals raised or maintained on a farm, such as a barn, poultry house, stable, machinery shed or granary.
51. 
Customary home occupation
shall mean an occupation customarily carried on inside a residence by an occupant without structural alteration in the building or any of its rooms and without the installation or use of machinery or additional equipment, other than that customary to normal household operation. Additionally, no person other than the occupants of the principal single-family dwelling shall be employed to work in or at such a home occupation.
a) 
The following activities are expressly prohibited as customary home occupations: the physical or medical treatment of persons; electrical shops; plumber shops; and auto related businesses. The following activities are expressly not prohibited as customary home occupations: a Licensed or Registered Child Care Home, or a Listed Family Home licensed with and inspected by the State of Texas.
52. 
Dance hall.
See nightclub.
53. 
Data center - accessory use
shall mean a container or equipment structure no larger than 1,000 square feet in area that is engaged in the storage, management, processing, and/or transmission of digital data, which houses computer and/or network equipment, systems, servers and other associated components related to digital data operations.
54. 
Data center - principal use
shall mean an establishment engaged in the storage, management, processing, and/or transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations.
55. 
Day nursery
shall mean a place where children are left for care between the hours of 6:00 a.m. and 12:00 midnight.
56. 
Depth of front yard
shall mean the minimum distance from the front lot line to the front line of a building.
57. 
Depth of lot
shall be defined as the mean horizontal distance between the front and rear lot lines.
58. 
Depth of rear yard
shall be defined as the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line.
59. 
Detached
shall mean having no physical connection above the top of the floor line of the first floor with any other building or structure.
60. 
District
shall mean a section of the City of Irving for which the regulations governing the area, height and use of buildings are uniform.
61. 
Drive-in restaurants
shall mean a public eating place which has facilities for serving food and beverages to customers in their motor vehicles for consumption on the premises.
62. 
Duplex
shall mean a detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families.
63. 
Dwelling
shall mean an enclosed building or portion thereof having accommodations for only one family or occupied by one family.
64. 
Dwelling accommodations
shall mean any of the following improvements within an accessory building in an "R" district:
a) 
A kitchen, being defined as an area that includes a dishwasher, oven, stove, or range, excluding a non-built-in microwave oven;
b) 
Indoor bathtub or shower facilities, excluding exterior shower facilities associated with a swimming pool;
c) 
Built-in heating, ventilation, or air conditioning system, excluding window air conditioning units and portable space heaters;
d) 
Natural gas service;
e) 
More than two (2) rooms in the building, however a separately enclosed area with only a toilet and sink will not be counted as a room; or
f) 
A closet in any room.
65. 
Eating establishment
shall include, but not be limited to, a restaurant, cafeteria, convention center, hotel, entertainment center or a Public Entertainment Facility as defined in Section 108.73, Texas Alcoholic Beverage Code, wherein alcoholic beverages are sold on the permitted premises.
66. 
Enclosed building
shall mean a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air.
67. 
Event center/rental hall
means a place of business that is leased on a temporary basis before the event by individuals or groups who reserve the facility to accommodate private noncommercial functions, including but not limited to parties, receptions, nonprofit fundraisers, business organizational meetings, and other similarly functioning uses to which the general public is not admitted. Such establishments may include kitchen facilities for the preparation of food and areas for dancing, dining and other entertainment activities that customarily occur in association with such events. An event center does not include a game room/bingo parlor, pool hall, dance hall, night club, concert hall or similarly functioning use.
68. 
Family
shall mean one (1) or more persons who are related to the head of the household by blood, marriage, or adoption and no more than three (3) unrelated persons living together as a single housekeeping unit and occupying a single dwelling with single kitchen facilities on a non-profit, cost-sharing basis. Foster children shall be considered to be related members of the family.
69. 
Farm, ranch, garden, orchard
shall mean an area of five (5) acres or more which is used for the growing of usual farm products, vegetables, fruits, trees and grain and their storage as well as the raising of usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms, with the necessary accessory uses for treating and storing the produce, but not including the commercial feeding offal or garbage to swine or other animals.
70. 
Farmers' market
shall mean a permanent establishment or location providing individual spaces leased by farmers and other vendors for the offering for retail sale directly to the consumer of seasonal uncut fresh fruits and vegetables, flowers, herbs, or plants, processed food stuffs and nonperishable products such as jams, honey, pickled products, sauces, and baked goods. A farmers' market may include non-food artisanal items such as candles, woodworking, crafts, art, clothing, and other cottage foods and goods where the vendors are primarily individuals who have raised the produce or created the product. A farmers' market shall not include the sale of used household goods or operate as a "flea market". Farmers' markets operated on a temporary or seasonal basis shall be regulated by Section 1.19 of the Unified Development Code as a Temporary Use.
71. 
Final plat:
A plat that has been submitted and approved in preliminary form and has conformed to all provisions of the city ordinances.
72. 
First floor
shall mean a floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than fifty (50) below grade and the top of the floor being higher than six (6) feet above grade. All floors above the first floor shall be numbered in ascending sequence, starting with the second floor.
73. 
Flea market
shall mean an establishment or location providing individual spaces leased by vendors for the retail sale of new and used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, objects, or equipment in small quantities. Food service may be provided as an accessory use under regulations of Chapter 18 "Food and Food Establishments" of the City of Irving Code of Criminal and Civil Ordinances.
74. 
Food
shall mean nutriment for human consumption in solid form and beverages which have no alcohol content but the meaning of food shall not include any beverages having any alcoholic content, alcoholic beverage mixes or other ingredients used for the preparation of alcoholic beverages.
75. 
Four-unit apartment house
shall mean a detached building containing four (4) single-family attached dwellings.
76. 
Fraternity house
shall mean a building used for a meeting place for a men's organization in which maintains sleeping accommodations for its members only or for a portion thereof.
77. 
Front yard
shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines.
78. 
Garage, front entry
shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto is from the front property line.
79. 
Garage, rear entry
shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, with access or door facing the side or rear property line, said structure shall be located partially or totally behind any portion of the living area.
80. 
Garage, parking
shall mean a public or private parking garage provided as a primary building or portion thereof, constructed or used for the storage or parking of passenger motor vehicles and trucks of less than one-ton capacity only, where the rental of space is on an hourly, weekly or monthly basis.
81. 
Garage, public storage or public storage garage
shall mean a building or portion thereof, not a private garage, constructed or used for the storage or parking of passenger motor vehicles and trucks of less than one-ton capacity only, where the rental of space is on an hourly, weekly or monthly basis.
82. 
Garage sale
shall mean the sale or offering for sale of more than one article of tangible personal property at retail or wholesale on property which is located in zoning districts R-40, R-15, R-10, R-7.5, R-6, R-PH, R-ZL, R-3.5, R-2.5, R-MF-1, R-MF-2, R-MF-3, R-TH, R-MH or R-XF of this ordinance.
83. 
Grade
shall mean:
a) 
For buildings having walls adjoining one (1) street only, it is the elevation of the sidewalk at the center of the wall adjoining the street.
b) 
For buildings having walls adjoining more than one (1) street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street.
c) 
For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior walls of the building.
84. 
Graphic plan
shall mean a map indicating the proposed areas of common land usage by generalized sketch.
85. 
Guest quarters.
Guest quarters shall mean a secondary structure on a lot containing dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having separate utility meter.
86. 
Halfway house
shall mean a facility for the housing, rehabilitation and/or training of more than two (2) persons, all of whom are not related one to the others within the first degree of consanguinity or affinity, who are on probation or parole or are pre-released inmates from correctional institutions or other persons found guilty of criminal offenses; or for the housing, rehabilitation, training, counseling or treatment of more than two (2) persons, all of whom are not related one to the others within the first degree of consanguinity or affinity, for alcohol, chemical or drug abuse and/or dependencies. "Halfway house" shall not include a hospital licensed by the State of Texas or a state licensed physician's office which office does not have facilities for patients to stay overnight.
87. 
Half story
shall mean a story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story.
88. 
Handicapped
shall mean a person who has lost, or lost the use of, both legs or is so severely disabled as to be unable to ambulate without the aid of a wheelchair or other mechanical device.
89. 
Hazardous condition
means any physical or environmental characteristics of land, structures, their use, or any activity conducted thereon that creates or contributes to a condition which is dangerous, injurious, noxious, or otherwise objectionable, and which poses an actual or potential risk to the health, safety, or welfare of persons, property, or the environment. Hazardous conditions may include, but are not limited to, the storage or use of hazardous chemicals in such quantities or in such a manner as to require the submission of a Tier II Chemical Inventory Report pursuant to the Emergency Planning and Community Right-to-Know Act (EPCRA); or the storage of hazardous materials as defined in the International Fire Code.
90. 
Heavy industrial use
means a storage, processing, or manufacturing use: (A) with processes using flammable or explosive materials; (B) with hazardous conditions; or (C) that is noxious or offensive from odors, smoke, noise, fumes, or vibrations.
91. 
Height
shall mean when referring to the height of a building or portion thereof, the measurement from the average established grade at the street lot line, or from the average natural ground level if higher, or if no street grade has been established, to the highest point of the roof's surface if a flat surface, to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires and parapet walls not exceeding four (4) feet in height.
92. 
Home occupation.
See customary home occupation.
93. 
Hookah lounge/hookah bar
shall mean an establishment where patrons share tobacco products from a communal hookah or from one placed at each table or a bar. May include retail sales of tobacco and hookah accessory products. At no time shall a hookah lounge be used as a nightclub or concert hall or for similar entertainment purposes.
94. 
Hospital
shall mean an institution or place where sick or injured in-patients are given medical or surgical care, at either public or private expense, but excluding institutions where persons suffering from permanent types of illness, injury, deformity or deficiency or age are given care and treatment on a prolonged or permanent basis.
95. 
Hotel or motel
shall mean a building or buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually rented singly for hire in which may be provided meal preparation facilities.
96. 
Hotel.
For purposes of Section 3.3, hotel means the premises of an establishment:
a) 
Where in consideration of payment, travelers are furnished food and lodging; and
b) 
In which are located at least ten (10) adequately furnished, completely separate rooms with adequate facilities so comfortably disposed that persons usually apply for and receive overnight accommodations in the establishment, either in the course of usual and regular travel or as a residence.
97. 
HUD-code manufactured home
means 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) 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 and air conditioning systems. The term does not include a recreational vehicle as the term is defined by 24 C.F.R. Section 3282.8(g).
98. 
Improved surface.
Asphalt, concrete, brick, pavers, grasscrete, or compacted gravel with dust control. This definition shall not include dirt or grass.
99. 
Kindergarten
shall mean school for children of pre-school age, in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
100. 
Kitchen
shall mean food preparation facilities. The kitchen in any individual dwelling unit or hotel or motel room shall mean any combination of food preparation facilities which do not constitute a kitchenette, provided that the presence of a sink, microwave oven, and/or a refrigerator without any cook-top units or conventional ovens shall not be enough to constitute a kitchen.
101. 
Kitchenette
shall mean a food-preparation facility within a hotel or motel in which:
a) 
A cook-top may be provided limited to no more than two (2) burners;
b) 
A conventional oven is lacking, although a microwave oven may be provided;
c) 
Any refrigerator is of the small, under-counter variety; and
d) 
The kitchenette facilities are not separated from the sleeping facilities but are in the same room.
*The presence of a sink, microwave oven and/or a refrigerator without any cook-top units or conventional ovens shall not be enough to constitute a kitchenette.
102. 
Landing strip
shall mean a landing facility for aircraft containing a minimum of sixty (60) acres and approved by the United States Federal Aviation Agency.
103. 
Lot
shall mean:
a) 
A tract of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.
b) 
A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, for transfer of ownership or for building development.
104. 
Lot coverage
shall mean the total area of a lot upon which is placed a building, buildings, or other structures.
105. 
Lot of record,
a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Dallas County, Texas, or a parcel of land, the deed of which was recorded in the office of the county clerk of Dallas County, Texas, prior to November 5, 1964.
106. 
Major street:
A street as designated on the master street plan which is more or less continuous across the city, and intended to carry high volumes of traffic.
107. 
Manufactured home community
means any lot, tract, or parcel of land used in whole or in part for the parking of two (2) or more mobile homes, HUD-code manufactured homes, or any combination of the two for use as a temporary or a permanent dwelling or sleeping place for one (1) or more persons with or without compensation, and where such amenities as parking facilities and utilities are provided for the tenants of the mobile homes and/or HUD-code manufactured homes.
108. 
Manufacturing plant,
an establishment devoted to the fabrication, processing, assembling, cleaning or repair of articles, foods, liquids, and/or plants in a space of fifteen thousand (15,000) square feet or greater, if in an enclosed building or in a space of twenty-five thousand (25,000) square feet or greater, if in an unenclosed or incompletely enclosed space.
109. 
Master plan:
A comprehensive plan of the city adopted by the city council.
110. 
Mechanical equipment.
Any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room, driven by a motor or motors of more than five (5) horsepower or more.
111. 
Minor street:
A street which is intended for low volume neighborhood traffic which is not necessarily continuous through several residential districts.
112. 
Mixed beverage
means one (1) or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit.
113. 
Mixed-use residential
when used to describe land use or development, means the use or development, as applicable, of a site consisting of residential and nonresidential uses in which the residential uses are at least 65 percent of the total square footage of the development. The term includes the use or development of a condominium.
114. 
Mobile home
means a structure constructed before 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) 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 and air conditioning systems. The term does not include a recreational vehicle as the term is defined by 24 C.F.R. Section 3282.8(g).
115. 
Mobile home park.
See manufactured home community.
116. 
Motorhome
means a motor vehicle in which there are living, sleeping and cooking facilities.
117. 
Motor freight terminal.
An establishment which charges for the transportation of goods by motor truck from one city to another, designed for storing and handling of goods so transported or to be transported, and for the parking, storing and maintenance of motor trucks engaged in such transportation.
118. 
Motor vehicle
means any motor driven or propelled vehicle.
119. 
Multifamily residential
when used to describe land use or development, means the use or development, as applicable, of a site for three or more dwelling units within one or more buildings. The term includes the use or development of a residential condominium.
120. 
New car showroom,
an establishment of a dealer of new automobiles, authorized by the manufacturer of the automobiles.
121. 
Nightclub or dance hall
means a place of business open to the public typically with live or recorded music that may include dancing, socializing, and general entertainment activities. May require an admission fee through a door cover charge and/or sale of tickets.
122. 
Noncommercial,
pertaining to an enterprise which provided goods and/or services only to its own members, stockholders or shareholders and their guests, and which returns all profits from the operation, if any, to the members, stockholders or shareholders, in accordance with their share of investment.
123. 
Nonconforming use,
a building, structure or use of land lawfully constructed and occupied and which does not conform to the current use regulations or development standards of the district in which it is situated.
124. 
Noxious or offensive
means any use, activity, emission, or discharge - whether of odor, smoke, noise, fumes, or vibration - that, by reason of its intensity, frequency, duration, or character:
a) 
Is injurious or likely to be injurious to the health, safety, or general welfare of persons, animals, vegetation, or property; or
b) 
Unreasonably interferes with the use and enjoyment of surrounding or nearby properties by persons of ordinary sensitivity.
125. 
Nursing home,
an institution where persons suffering from generally permanent types of illness, injury, deformity, deficiency of age, are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or the City of Irving.
126. 
Office,
a place where the transaction of business exclusive of retail sale and transfer of goods, manufacturing, and storage of commodities.
127. 
Off-street parking,
hard all-weather surface areas upon which automobiles may be parked and which area has access to a public street.
128. 
Old persons home,
an institution where those persons suffering from generally permanent or prolonged types of illness or deficiency resulting from old age, are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or the City of Irving.
129. 
Open space
shall be all land designated for the recreational enjoyment and/or natural beauty of the area.
130. 
Outdoor advertising sign,
a signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located.
131. 
Outside storage,
the storage of commodities, goods and/or refuse outside of an enclosed building.
132. 
Outside storage, accessory,
the storage of commodities and/or supplies on an improved surface used or stored only for purposes directly related to the use within the primary building that has a valid a Certificate of Occupancy. This definition does not include items displayed as inventory for retail sale to the public or salvage yards. Such category shall not include trash, junk, garbage, recycling, salvaged waste, vehicles, or materials.
133. 
Outside storage, primary.
The storage of commodities and/or goods used or stored on an improved surface as the only use on the property and for which a Certificate of Occupancy was issued. Such category may include passenger and commercial vehicles, boats, RVs, or merchandise which are fully operable and maintain current registration but shall not include trash, junk, garbage, recycling, salvaged waste, junk vehicles or materials.
134. 
Parking
shall mean the short-term storage of two axle passenger vehicles in designated spaces. The display of motor vehicles for sale as part of a retail auto sales business is not considered or counted as "parking". Auto sales inventory not on display to the public for sale, the long-term storage of intact (not wrecked, dismantled or parted out) passenger vehicles and commercial vehicles or vehicles with over two axles are considered outside storage.
135. 
Perimeter plan,
a map indicating the proposed areas of common land usage on a tract of land three hundred (300) feet in depth adjacent to and within the total perimeter of the district.
136. 
Person
shall include association, trustee, receiver, organization, corporations, firms, partnerships and natural persons.
137. 
Plan:
A detailed and systematic graphic representation of overall design concepts and objectives.
138. 
Planning and zoning commission:
The planning and zoning commission of the city.
139. 
Plat:
The map, drawings or chart on which is presented a subdivider's plan of a tract, which he submits for approval.
140. 
Preliminary plat:
A plat that is submitted to the planning and zoning commission for its review of the concept and performance of the subdivision as related to the provisions of the city ordinances.
141. 
Preliminary/final plat:
A plat of land for which no preliminary plat has been filed and which contains or is accompanied by all information required by this ordinance.
142. 
Premises,
a piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent, by virtue of different ownership, rental, lease, usage or occupancy.
143. 
Principal structure,
a building or structure, the use of which is a principal use.
144. 
Principal use,
a use which, in comparison with another use occurring on the same property, has the greatest effective producing power.
145. 
Private.
Excluding those who have not been invited.
146. 
Private club
shall mean an establishment as qualified by Chapter 32 of the Texas Alcoholic Beverage Code for the operation of a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted.
147. 
Private school
means a private school, including a parochial school, that:
a) 
Offers a course of instruction for students in one (1) or more grades from kindergarten through grade 12; and
b) 
Has more than one hundred (100) students enrolled and attending courses at a single location.
148. 
Professional service
means services requiring specialized training performed by a member of a profession directly to a public customer that may include the retail sales of products only as accessory to the service use. This definition includes services such as legal and real estate, medical not otherwise categorized, and financial services but shall not include uses such as beauty services, auto repair or entertainment that is otherwise defined and categorized.
149. 
Public,
promotion of a public cause or service, including utilities having a franchise from the City of Irving, but excluding other profit-making organizations.
150. 
"R" district
shall include all districts which allow residential use as a principal use, including, but not limited to, the following: R-40, R-15, R-10, R-7.5, R-6, R-ZL, R-PH, R-SFA, R-3.5, R-2.5, R-MF-1, R-MF-2, R-TH, R-MH, R-XF, an S-P-2 district for any of the foregoing uses, and both a development plan of a PUD district or an S-P-1 district which allows residential uses as the sole principal use.
151. 
Railroad yards,
a place for the storage of railway cars, boxcars and engines.
152. 
Railway freight station,
an establishment which charges for the transport of goods, by railway from one city to another, designed for storing and handling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars and engines.
153. 
Rear yard,
a space unoccupied by a principal structure extending for the full width of the lot between a principal structure and the rear lot line.
154. 
Recreation, indoor
means a privately operated facility that provides recreation opportunities for a fee, including, but not limited to, roller, ice skating and hockey rinks, batting cages, bowling alley, gymnasium or indoor arena, trampoline park, basketball, handball and tennis courts fully within an enclosed building.
155. 
Recreational vehicle
means a vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
156. 
Religious institution
shall be held to include a church as defined herein.
157. 
Rental hall.
See event center.
158. 
Residential
shall mean land actually being used to provide single-or multi-family homes for natural persons.
159. 
Residential assisted living
shall mean a licensed health facility within a residential structure as defined and regulated by Chapter 247 of the Texas Health and Safety Code.
160. 
Restaurant
shall mean a place of business open to the public for the provision of food and beverages to customers for compensation. A restaurant shall: provide food sales and service as the source of revenue; delineate areas for permanent seating and serving of patrons; and include a full kitchen or otherwise install appropriate kitchen facilities for preparation of a permanent menu which provides an assortment of foods for sale and consumption. Restaurants intending to provide alcoholic beverages service for consumption on the premises shall operate only as a Restaurant with attendant accessory use of the sale of alcoholic beverages for on-premises consumption (RAB) per section 3.3.5, including manufacture of such beverages on the premises, and shall hold an appropriate permit issued by the Texas Alcoholic Beverage Commission in accordance with the Texas Alcoholic Beverage Code, as amended, for the operation. Dancing and entertainment uses may be operated as accessory uses provided the activities do not displace the locations for primary food service activities.
161. 
Retail store,
a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade.
162. 
Rooming house,
an establishment which provides upon a rental basis, either permanently or for a prolonged period of time, abiding places for single people in single rooms, but which does not provide temporary abode for transient persons.
163. 
Salvage yard,
the outside storage of refuse and the recovery of usable portions of same.
164. 
Secondary street:
A street as designated on the master street plan which is intended as a distributor street between major streets and minor streets.
165. 
Servants quarters,
an accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters.
166. 
Side yard,
an open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
167. 
Single-family attached dwelling,
a portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. Single-family attached dwellings do not include any type of mobile home or HUD-code manufactured home.
168. 
Single-family detached dwelling,
an enclosed building having accommodations for and occupied by one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. Single-family detached dwellings do not include any type of mobile home or HUD-code manufactured home.
169. 
Sorority house,
a meeting place for a women's organization, which maintains sleeping accommodations for its members or a portion thereof, but its members only.
170. 
Stable,
an accessory building for quartering, not to exceed four (4) horses on a farm or lot when set back from adjacent property lines a minimum distance of one hundred (100) feet.
171. 
Story,
that portion of a building between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above.
172. 
Street,
any public thoroughfare dedicated to the public and not designated as an alley.
173. 
Street right-of-way,
a street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes.
174. 
Street width:
The shortest horizontal distance between the lines which delineate the right-of-way of a street.
175. 
Structural alterations,
any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
176. 
Subdivider:
Any person, firm, corporation, partnership or other legal entity who causes land, directly or indirectly, to be divided into a subdivision, or who plats said land
177. 
Subdivisions:
The division of any lot, tract or parcel of land within the city, or within five (5) miles thereof and not within or under the jurisdiction of a subdivision ordinance of another municipal corporation, into two (2) or more lots or sites for the purpose of sale or of building development or resubdivision of land or lots. Division of land into tracts or parcels of five (5) or more acres shall not be included in this definition of subdivision if such division does not include any new streets or access easements.
178. 
Theater/concert hall
means fully enclosed indoor entertainment venue for fixed screen or live action performance with fixed seats. Open to the public for ticketed or non-ticketed events. May also be rented for a private event center.
179. 
Townhouse,
a single-family attached dwelling on a separately platted lot which is joined to another dwelling unit on one (1) or more sides by a party wall or abutting walls and occupied by not more than one family.
180. 
Triplex,
a detached building containing three (3) single-family dwellings attached.
181. 
Warehousing,
storage in an enclosed building five thousand (5,000) square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales space, but not including motor terminal facilities or railway freight station facilities.
182. 
Width of lot,
the distance between the side property lines measured either:
a) 
At the minimum front building line required by the zoning of the lot; or
b) 
Tangent to the minimum front building line required by the zoning of the lot if said line is curved; or
c) 
Perpendicular to a line bisecting the angle between two (2) sidelines at the minimum front building line required by the zoning of the lot, whichever is least. At no time, however, shall the distance between the two (2) points at which the side property lines intersect the front property line be less than twenty (20) feet as measured in a straight line, unless a fire lane is required, in which case the distance shall not be less than the width of a fire lane.
183. 
Width of side yard,
the least distance between a side wall of a building and the side line of the lot.
(Ordinance 2022-10650, § 2, adopted 9/15/2022; Ordinance 2023-10702, § 4, adopted 2/9/2023; Ordinance 2023-10703, § 2, adopted 2/9/2023; Ordinance 2023-10735, § 2, adopted 4/20/2023; Ordinance 2023-10734, § 5, adopted 4/20/2023; Ordinance 2023-10760, § 14, adopted 6/8/2023; Ordinance 2023-10829, § 14, adopted 12/7/2023; Ordinance 2024-10938, § 15, adopted 6/27/2024; Ordinance 2024-10939, §§ 1, 2, adopted 6/27/2024; Ordinance 2024-11016 adopted 10/3/2024; Ordinance 2025-11063 adopted 2/6/2025; Ordinance 2025-11165 adopted 8/28/2025)