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Monahans City Zoning Code

§ 9.03.002

Definitions.

(a) 
Words used in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the word “plot”; the word “shall” is mandatory and not directory.
(b) 
Certain words in this article are defined for the purpose hereof, as follows:
Accessory.
A subordinate use of building customarily incident to and located on the lot occupied by the main use or building.
Alley.
A way which extends only secondary means of access to abutting property and is not over twenty (20) feet wide.
Apartment.
A room or suite of rooms in an apartment house or tenement, arranged, designed or occupied as the residence of a single family, individual or group of individuals.
Apartment house.
A building or portion thereof arranged, designed or occupied by three (3) or more families living independently of each other.
Beer parlor.
A place where beer or wine is sold for consumption on the premises, save and except where sold for consumption in connection with a “restaurant or cafe” as defined herein.
Boarding house.
A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation.
Depth of lot.
The mean horizontal distance between the front and rear lot lines.
Depth of rear yard.
The mean horizontal distance between the rear line of a building other than an accessory building and the centerline of the alley where an alley exists, otherwise the rear lot line.
District.
A section of the City of Monahans for which the regulations governing the area, height or use of buildings are uniform.
Family.
A family is any number of individuals living together as a single housekeeping unit.
Front yard.
An open unoccupied space between the building and a front street line of the lot.
Gross floor area.
The gross floor area of an apartment house shall be measured by taking outside dimensions of the apartment building at each floor level excluding, however, the floor area of basements or attics not used for residence purposes.
GVRW.
GVRW or (gross vehicle rated weight) is how much weight a vehicle is designed to carry. The gross includes the net weight of the vehicle, plus the weight of passengers, fuel, cargo and any additional access [accessories] or a configuration of both.
Height.
The height of a building or portion of a building shall be measured 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 or gable roofs. In measuring the height of a building, the following structures shall be excluded; chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulkheads, penthouses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.
Hotel.
A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which, as a rule, the rooms are occupied single for hire, in which provisions are not made for cooking in any individual apartment, and in which there are more than twelve (12) sleeping rooms, a public dining room for the accommodation of more than twelve (12) guests, and a general kitchen.
Kennel.
Kennels as used in this chapter shall mean any lot, building, structure, enclosure or premises wherein more than four (4) dogs or more than four (4) cats are kept, whether for commercial, noncommercial or veterinary purposes, including places where dogs or cats are boarded, kept for sale, or kept for hire.
Lodging house.
A building, other than a hotel, where lodging for five (5) or more persons is provided for compensation.
Lot.
Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this article, having its principal frontage upon a public street or officially approved place.
Lot, corner.
A lot situated at the juncture of two (2) or more streets and having a width not greater than one hundred (100) feet.
Lot lines.
The lines bounding a lot as defined herein.
Nonconforming uses.
A building or premises occupied by a use that does not conform to the regulations of the use district in which it is situated.
One-family dwelling.
A detached building having accommodations for and occupied by only one family.
Open space.
Area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.
Person.
The word “person” when used in this article shall for the purpose of this article mean every natural person, firm, co-partnership, association, partnership, corporation or society; and the term “person” shall include both singular and plural, and the masculine shall embrace the feminine gender.
Place.
An open, unoccupied space reserved for purposes of access to abutting property.
Premises.
All of the real estate as is described by the particular deed, lease, or other instrument of conveyance together with all buildings, structures, fixtures, and equipment presently or subsequently situated thereon.
Private dance.
The term “private dance” shall mean and include any dance given at any home or any dance given or held by a bona fide club, admission to which is granted members and their invited guests and from which the general public is excluded.
Private garage.
A garage with capacity for not more than five (5) motor-driven vehicles for storage only and for private use.
Private stables.
A stable with a capacity for not more than four (4) mules or horses.
Public garage.
Any premises not a private garage, as defined above, used for housing or care of more than three (3) motor-driven vehicles or where any such vehicles are equipped for operation, repair or kept for remuneration, hire or sale.
Public stables.
A stable with a capacity of more than four (4) mules or horses.
Rear yard.
A space unoccupied except by buildings of accessory use as herein permitted, extending for the full width of the lot between a building other than a building of accessory use and the rear lot line.
Restaurant or cafe.
A place equipped to serve complete meals, such equipment to include commercial stove with oven capable of baking or roasting, or other equipment and utensils necessary for the preparation and serving of meals; and where the gross business done from the sale of articles other than alcoholic beverages exceeds seventy (70) percent of the total volume of business done by said establishment.
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 yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
Story.
That portion of a building included between the surface and the floor next above it, or if there be no floor above, then the space between such floor and the ceiling next above.
Story, half.
A story having an average height of not more than eight (8) feet covering a floor area of not more than seventy-five (75) percent of the area of the floor on the first story below.
Street.
A public thoroughfare more than twenty (20) feet wide.
Structural alterations.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Two-family dwellings.
A detached building for separate accommodations for and occupied as a dwelling for only two (2) families.
Width of side yard.
The mean horizontal distance between a side wall of any building and the side line of the lot or to the centerline of any alley adjacent to such side lot line.
(Ordinance 486, sec. 2, adopted 3/26/62; Ordinance 1135, sec. 1, adopted 5/10/11; 1972 Code, sec. 27-2)