Pecan Hill City Zoning Code
ARTICLE II
DEFINITIONS
§ 1 INTERPRETATION OF WORDS AND TERMS.
1.1
For the purpose of these regulations certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word “shall” is mandatory and not directory.
A.
ACCESSORY BUILDING: A subordinate building located on the same lot as the main building (single-family dwelling) the use of which is incidental to that of the dominant use of the building or premises. A garage, detached or attached, will not be considered an accessory building. A primary residential structure (single-family dwelling) must exist on the lot/parcel before a permit will be issued for any accessory building. Accessory buildings may not be used as, or be converted to, a dwelling accommodation or a business use.
B.
ACCESSORY USE: A use customarily incidental, appropriate, and subordinate to the principal use of land or buildings and located on the same lot therewith. An accessory use does not, and shall not, include a residential use.
C.
ADVERTISING SIGN OR STRUCTURE: Any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including a statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, utility pole, fence, building or structure. The term “placed” shall include erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. Neither directional, warning nor other signs posted by public officials in the course of their public duties shall be construed as advertising signs for the purpose of this Ordinance.
D.
ALLEY: A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.
E.
AUTOMOBILES: A self-propelled mechanical vehicle designed for use on streets and highways which requires state licensing and registration for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses, motor scooters and motorcycles. Three- and four-wheeled vehicles are NOT included.
F.
BASEMENT: A story partly or wholly underground. For purposes of height measurement a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
G.
BUILDING: Any structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.
H.
BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
I.
BUILDING, MAIN: A building in which is conducted the principal use of the lot on which it is situated. In a residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.
J.
COVERAGE: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.
K.
DISTRICT: Any section or sections of the City for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.
L.
DWELLING, SINGLE-FAMILY: A detached dwelling designed to be occupied by one family.
M.
FAMILY: One or more persons related by blood, marriage, or adoption, or a group not to exceed five persons not all related by blood or marriage.
N.
FARM: An area of ten (10) acres or more which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain and their storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep, including dairy farms with the necessary accessory uses and for treating and storing the produce; provided however, that the operation of such accessory [use] shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding [of] offal or garbage to animals.
O.
GARAGE - PRIVATE: An enclosed building (detached) or part of the main building (attached) used for storage of automobiles primarily and by the occupants and their guests of the primary structure (single-family dwelling) that matches the materials of the main structure and meeting the other requirements of the City of Pecan Hill ordinances as applicable. A primary residential structure (single-family dwelling) must exist or be in the process of being constructed on lot/parcel before a garage may be constructed.
P.
HOME OCCUPATION: “Family Home Occupation” means any activity operated for profit, [or] gain in or directed from a residential dwelling or unit by one or more family members residing within that dwelling. Any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and is conducted entirely within the main or accessory building, and no mechanical equipment is used [other than] such as is customary for purely household or domestic purposes. A beauty or barber shop, tea room or restaurant, rest home or clinic, doctor’s or dentist’s office, child care center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.
1.
A family home occupation shall be an accessory use not requiring a use variance provided that:
a.
The activity is compatible with the residential use of the property and surrounding residential uses;
b.
The activity employs no more than 1 employee other than family members residing in the dwelling or unit.
c.
The activity uses no equipment or processes that create noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbor.
d.
The activity does not generate any solid waste, hazardous material or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood and;
e.
The activity does not involve any illegal activity.
f.
In the case of a dwelling unit which is part of a common interest ownership community which is a community in which at least some of the property is owned in common by all the residents, or a single-family dwelling, the provisions of this ordinance shall not supersede any deed restrictions, covenant, agreement, master deed, bylaws or other documents which prohibit a family home occupation within a dwelling unit.
2.
Permitted Customary Home Occupations, which shall include the following, the primary use is residential: Artists, craftsmen and sculptors; authors and composers; office facilities, programmers, engineers and subcontractors. Individual tutoring of no more than two (2) students at a time, individual instrument instruction, provided that no instruments may be amplified. Telephone solicitation work; Family Day Care home not involving more adults/children than is permitted by law; television and other electrical repairs excluding major appliances such as refrigerators or stoves; or upholstering. Uses not listed that, in the opinion of the city council and upon review and approval of the council are considered to be of the same general character as the home occupations permitted, provided that no trading in merchandise is carried on and in connection to which there is no display of merchandise or advertising sign other than one non-illuminated nameplate not more than two (2) square feet in area attached to the main or accessory building.
Q.
LOT: Any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this Ordinance and other laws or ordinances, and having its principal frontage on a street.
R.
LOT, CORNER: A lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five degrees (135°).
S.
LOT, DEPTH: The mean horizontal distance between the front and rear lot lines.
T.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
U.
LOT, INTERIOR: A lot other than a corner lot.
V.
LOT, AREA: The total area measured on a horizontal plane. Included within lot lines.
W.
LOT FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner.
X.
LOT LINES: The lines bounding a lot.
Y.
PARKING SPACE: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile; i.e., a secondary drive must be no less than gravel or crushed rock.
Z.
STABLE, PRIVATE: A stable with a capacity for not more than two horses or mules.
AA.
STABLE, PUBLIC: A stable, other than a private stable, with a capacity for more than two (2) horses or mules.
BB.
STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or there be no floor above it, then the space between the floor and the ceiling next above it.
CC.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3') feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
DD.
STREET: Any public or private thoroughfare, permanently surfaced, which affords the principal means of access to abutting property.
EE.
STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.
FF.
STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.
GG.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
HH.
TRAILER, HAULING: A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.
II.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Ordinance that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.
JJ.
YARD, FRONT: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.
KK.
YARD, REAR: A yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.
LL.
YARD, SIDE: A yard between the building and the side lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.
MM.
FENCING: All fencing shall be of new materials, either chain link, manufactured wood, brick, ornamental iron, PVC, pipe, or vinyl. All fences are to be maintained at all times. The height may not exceed eight (8') feet from the front building line to rear of lot. The height may not exceed five (5') feet in height from front building line to front property line and these fences shall not be solid. Fences shall not be constructed as to block vision or impede safe traffic. Agricultural purposes will be exempt from standard fencing material. Security gate walls may exceed five (5) feet in order to secure the gate only.
NN.
STANDARD MASONRY CONSTRUCTION: At least 75% of exterior walls (exclusive of porches, windows, garage doors, and upper stories) shall be stone, brick or other masonry construction.
OO.
GREENHOUSE: A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants.
(Ordinance 86-4 adopted 2/20/86; Ordinance 98-3 adopted 9/9/98; Ordinance 01-01, sec. 1, adopted 2/15/01; Ordinance 2012-06 adopted 4/17/12; Ordinance 2022-02 adopted 8/16/2022)