Words and phrases used in this article shall have the meanings set forth in this section, unless the context of their usage clearly requires otherwise. Words and phrases which are not defined in this article but are defined in other ordinances of the City of Pharr shall be given the meanings set forth in those ordinances. When not inconsistent with the context, words used in the present tense shall include the future tense (and vice versa); words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise.

1.

Accessory building or use: A subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.

2.

Adopted policies: A written administrative directive discussed at a public meeting and officially adopted by a majority vote of the board of commissioners [city commission].

3.

Agriculture: The planting, cultivating, harvesting and storage of grains, hay or plants, or vineyards, commonly grown in Hidalgo County. The raising and feeding of livestock and poultry shall be considered an agricultural venture if the area in which the livestock or poultry is kept is two acres or more in area, and if such raising of livestock and poultry is incidental or supplemental to the raising of crops.

4.

Alcoholic beverage: 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.

5.

Alley: A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street; it is also public space or way, 20 feet or less in width, which has been dedicated or deeded for public use.

6.

Alteration: Any addition, removal, extension, or change in the location of any exterior wall of a main building or accessory building, or change or modification in construction or occupancy.

7.

Apartment: A room or suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit and who do their cooking therein. (See "Dwelling unit.")

8.

Apartment house or building: A building arranged, intended or designed for more than two families. (See "Dwelling unit, multiple.")

9.

Apartment hotel: An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

10.

Applicant: A person who submits or files an original or renewal application for a license or permit.

11.

Associated recreation: Recreational uses which are an integral part of a common ownership or associated with high-density residential development (example: homeowners' association with a private club, swimming pool, and tennis courts).

12.

Authorized agent: An architect, builder, developer, or other person empowered to act on behalf of other persons.

13.

Bar, cocktail lounge, tavern, saloon, cantina: An establishment where alcoholic beverages are sold for on-premises consumption, other than a restaurant as defined in this section.

14.

Basement or cellar: A story having more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purposes of height measurement.

15.

Block: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the director of planning shall determine the outline of the block.

16.

Board: The board of adjustment of the city.

17.

Boardinghouse or lodging house: A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

18.

Buffer: A visual screen constructed of wood, concrete block, masonry, or landscape material in such a manner that adjacent property will be screened from the use contemplated, so noise, solid waste, or other objectionable influences will be avoided. Such buffer shall be horizontal to the ground, opaque, and a minimum of six feet in height.

19.

Building: An enclosed structure, anchored to permanent foundation, and having exterior or party walls and a roof, designed for the shelter of persons, animals, or property. When divided by other than common or contiguous walls, each portion or section of such building shall be regarded as a separate building, except that two buildings connected by a breezeway shall be deemed as one building.

20.

Buildable area: The buildable area of the lot is the maximum amount of allowable space upon which a structure or building may be erected, after meeting the coverage, yard and other requirements of this ordinance.

21.

Building area: The building area of the lot is the gross area covered by the structures when placed on the lot.

22.

Building coverage: Percentage of the lot that is occupied by the building area.

23.

Building, height of: The vertical distance measured from the curb level to the highest point of the roof surface, if a flat floor [roof]; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided, however, that where building is set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.

24.

Building, principal: A principal building is one in which a main use of the lot on which it is located is conducted.

25.

Building setback line: A line defining an area on the building lot between the street right-of-way line and all other property lines and the building line within which no building or structure shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the City of Pharr.

a.

Front building setback line: A line parallel to the street right-of-way line which the building faces, and takes its primary access from.

b.

Side building setback line: A line parallel to an adjacent lot or street right-of-way on a corner lot, which the building sides up to.

c.

Rear building setback line: A line parallel to an adjacent lot, alley, or street in the case of double frontage lots, which the building backs up to and has its rear or secondary access from.

26.

Canopy: A structure, not including carports, either attached to or detached from any existing structure, having no side walls, consisting of a roof with support columns or posts and being constructed of noncombustible materials to be used solely for the purpose of providing shade and/or for the purpose of providing protection for gasoline and fuel dispensing equipment.

27.

Carport: A structure with a wall on one or more sides covered with a roof and constructed specifically for the storage of one or more automobiles; utility room may be included.

28.

City: The City of Pharr, Texas.

29.

Clinic: An institution, public or private, or a station for the examination and treatment of outpatients by a group of doctors, dentists, opticians, ophthalmologists, orthopedists, or other similar professional physicians.

30.

Cluster development: A method of development for land that permits variation in lot sizes without an increase in overall density of population or development.

31.

Cold storage plant: A commercial establishment where foods are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or other commercial businesses. There is no slaughtering of animals on the premises.

32.

Commercial amusement: Any enterprise whose main purpose is to provide the general public with a variety of amusing or entertaining activities, where tickets are sold or fees collected at the gates of the various rides, contests, games, exhibits, or other similar activities within the confines of the area or structure by such activities. Commercial amusements include zoos, exhibitions, expositions, athletic contests, rodeos, tent shows, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, travelling shows, bowling alleys, pool parlors and similar enterprises.

33.

Commission: The planning and zoning commission of the City of Pharr, Texas.

34.

Comprehensive plan: The comprehensive plan of the City of Pharr and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof.

35.

Conditional use: A use which may be suitable in certain locations in a zoning district if developed and operated under specific conditions and/or for a limited period of time.

36.

Condominium: A multifamily dwelling unit, within which designated dwelling units are conveyed fee simple title, with an undivided interest in the building's common elements, to include, but not be limited to, halls, stairs, elevators, roof, parking space, and the land when the building is not constructed on leased land.

37.

Court: An open unoccupied space, other than a yard, on the same lot with a building and which is bounded on two or more sides by the building.

38.

Crosswalk way: A public right-of-way, six feet or more in width between property lines, which provides pedestrian circulation.

39.

Curb level: The level of the established curb in front of the building measured at the center of such front, or in the case of a corner lot, along the butting street where the mean curb level is the highest. Where no curb has been established, the city engineer shall establish such curb or its equivalent for the purpose of this ordinance.

40.

Day care center and day nursery: A place for the care of children between the hours of 7:00 a.m. and 12:00 midnight. Services usually include a staff nurse and a hot meal is normally served.

41.

Director of planning: The duly authorized employee or representative of the city in charge of the planning function for the city and charged with implementation and enforcement of the subdivision, zoning, and other growth-related ordinances.

42.

District: A part, zone, or geographic area within the municipality within which certain zoning or development regulations apply.

43.

Drive-in eating establishment: Any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption either indoors or in a vehicle parked on the premises or taken away for consumption in the home or other places.

44.

Dwelling unit: Any building or portion thereof which is designed for or used primarily for residential occupancy, but not including hotels, boardinghouses or mobile homes, trailers, motor coaches or other recreational vehicles.

a.

Single-family: A building designed for and/or occupied exclusively by one family as a separate dwelling unit.

b.

Duplex: A building designed and/or occupied exclusively by two families living independently of each other.

c.

Triplex: A building designed for and/or occupied exclusively by three families living independently of each other.

d.

Fourplex: A building designed for and/or occupied exclusively by four families living independently of each other.

e.

Multiple: A building designed for and/or occupied exclusively by five or more families living independently of each other.

f.

[Independently:] The determination of whether one family is living independently of another is based on one or more of the following criteria:

1)

Separate sanitary facilities.

2)

Separate kitchen facilities.

3)

Separate entrances.

4)

Separate utilities.

45.

Family: One or more persons who are related by blood, adoption or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit, cost-sharing basis.

46.

Filling, retail service station: An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied or dispensed to the vehicle trade or where motor vehicles receive limited repair, are equipped for service, or where electric storage batteries are recharged and cared for, or a place where any two or more such activities are carried on or conducted as the principal use of the establishment. The storage, sale, lease, or rental of more than one boat or mobile home, or more than five hauling trailers is prohibited.

47.

Floor area ratio: The relationship of the gross floor area of all buildings on a lot to the total lot area.

48.

Frontage: All the property abutting on one side of a street between two intersecting streets, measured along the street line.

49.

Full-menu: A variety of foods and meals that may be ordered at a full-service restaurant.

50.

Full-service restaurant: A place which is regularly used and kept open for the serving of meals to guests for compensation and which has the following:

a.

Suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals,

b.

A primary use of sit down meal service to patrons,

c.

Adequate seating arrangements for sit down patrons provided on the premises,

d.

Take-out service that is only incidental to the primary sit down use,

e.

A minimum of 51 percent of the restaurant's gross receipts shall be from the sale of meals,

f.

A "full-service restaurant" does not include a place where food service is incidental to the service of alcoholic beverages, constituting less than 51 percent of sales.

51.

Garage apartment: A dwelling unit attached to a private garage.

52.

Garage, community: A building or portion thereof, other than a public, private or storage garage as defined below, providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of a block.

53.

Garage, commercial: A commercial garage is any premises and structures used for housing more than three motor-driven vehicles or where any vehicles are kept for remuneration, hire, or sale and where a retail service station may be maintained as a secondary use.

54.

Garage, detached or private: An accessory building for storage only of motor vehicles and home laundry.

55.

Garage, public: A building or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

56.

Garage, storage: A building or portion thereof, except those defined as private, a public, or a community garage providing storage for more than four motor vehicles, with facilities for washing but no other services.

57.

Group housing project: A dwelling project consisting of three or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where the existing or contemplated street or streets or lot layouts make it impractical to apply the requirements of this ordinance to the individual building units in such housing project.

58.

Guesthouse: An accessory building designed for the temporary occupancy of guests of the primary dwelling for which there is no remuneration and is not rented or otherwise used as a separate domicile.

59.

Height of yard or court: The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

60.

Home occupations: A "home occupation" is a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installation of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, with a non-illuminated sign that is no larger than 18 inches by 24 inches to advertise the occupation, and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic.

61.

Hospital sanitarium, nursing or convalescent homes: A building or any portion thereof, used or designed for the housing or treatment of the sick, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons.

62.

Hotel: A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 12 sleeping rooms, and no provisions for cooking in individual rooms.

63.

Impervious cover: Any material which reduces and prevents absorption of stormwater into previously undeveloped land, including roads, parking areas, buildings and other impermeable construction covering the natural land surface. Water quality basins, swales, and other conveyances for overland drainage shall not be calculated as impervious cover.

64.

Institution: A nonprofit organization or building, public or private, for the benefit of the public; or educational facilities and schools, including day care centers and kindergartens, churches, temples, hospitals, clubs, fire stations, police stations, parks, libraries, museums, city offices and other municipal uses, etc.

65.

Kindergarten: A school for more than five children of preschool age, in which construction endeavors, object lessons or educational games are prominent features of the curriculum.

66.

Landscaping: Trees, shrubs, ground cover, vines, or grass installed in planting areas for the purpose of fulfilling the requirements of this article [ordinance].

67.

Legislative or governing body: The board of commissioners [city commission] of the City of Pharr, Texas.

68.

Loading space: A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

69.

Lot: An undivided tract or parcel of land having frontage on a public street, or upon an approved open space, having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.

70.

Lot area, minimum: Includes internal sidewalks, recreation areas, floor space, parking area, open space and utility easements, but does not include any public right-of-way, street easements, or alley easements.

71.

Lot, corner: A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the director of planning.

72.

Lot depth: The length of a line connecting the midpoints of the front and rear lot lines.

73.

Lot, double frontage or through lot: A lot abutting on two nonintersecting public streets as distinguished from a corner lot.

74.

Lot frontage: The length of street frontage between property lines.

75.

Lot, interior: A lot whose side lot lines do not abut upon any street.

76.

Lot, irregular: Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than 90 degrees. A lot fronting on a sharp curve or a cul-de-sac.

77.

Lot lines: The lines bounding a lot as defined herein.

a.

Front lot line: The property line between the front yard and the contiguous street right-of-way boundary.

b.

Rear lot line: The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the planning director shall determine the rear line.

c.

Side lot line: The property line between two adjacent lots or between the side yard and the contiguous street right-of-way boundary on corner lots.

78.

Reverse corner lot: A corner lot whose front line faces at right angles to the front lot lines of the interior lots or whose rear lot line abuts the side lot lines of interior lots.

79.

Lot width: The horizontal distance between side property lines, measured at the front setback line.

80.

Lot of record: A parcel of land which is part of a subdivision, the map or plat of which has been recorded in the office of the county clerk of Hidalgo County; or a parcel of land not a part of an urban or town lot subdivision, the deed of which has been recorded in the office of the county clerk of Hidalgo County prior to October 15, 1974, which has not been divided since recording.

81.

Lots in separate ownership at the time of the passage of this ordinance: A lot whose boundary lines along their entire length touched lands under other ownership as shown by plat or deed recorded in the office of the recorder of deeds of Hidalgo County on or before the date of the adoption of this ordinance.

82.

Manager: A person responsible for controlling or administering all or part of a company or similar organization.

83.

Maneuvering space: The space entirely on private property required for maneuvering vehicles in such a manner as to preclude the backing of any vehicle into any street right-of-way.

84.

Mobile home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body-feet or more in width or 40 body-feet or more in length, or when erected on site, is 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, air-conditioning, and electrical systems. The following shall not be included in this definition.

a.

Travel trailers, pickup coaches, motor homes, camping trailers, or other recreational vehicles.

b.

Manufactured modular housing which is designed to be set on a permanent foundation, and which uses standard sheathing, roofing, siding and electrical plumbing, and heating systems which comply with chapters of the Pharr City Code.

85.

HUD-Code manufactured home: A structure constructed on or after June 15, 1976, according to the rules of the United Sates Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body-feet or more in width or 40 body-feet or more in length, or, when erected on site is 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, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R., Section 3282.8(g).

86.

Mobile home park: A unified development of five acres arranged on a tract of land owned by an individual or a single business entity for the purpose of renting or leasing spaces, and meeting the requirements of the mobile home park ordinance [chapter 78 of the Code of Ordinances].

87.

Mobile home space: An area within a mobile home park which is designed for and designed and approved as the location for a single mobile home and the exclusive use of its occupants.

88.

Mobile home subdivision: A unified development of ten lots or more for mobile homes arranged on a tract of land in such manner as to provide an individual platted lot of record (see definition 80) for each of the mobile homes.

88.1.

Modular home: Any permanent, single-family dwelling unit which has been prefabricated or factory constructed as a single unit or in sections or modules, and assembled at the factory or construction site and moved to a permanent location as a unit or in sections or modules, as a permanent single-family dwelling unit placed on a permanent foundation at such site and connected with all utility services.

89.

Motel: A building or group of two or more detached, semidetached, or attached buildings containing guestrooms or apartments with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of automobile travelers; including groups designated as auto cabins, motor courts, motels and similar designations.

90.

Nightclub, discotheque, disco or dancehall: An establishment whose primary activity is the provision of facilities for dancing, including a dance floor and live entertainment or amplified music. Such establishment may or may not provide on-premises consumption of alcoholic beverages. Schools of dance are exempted from this definition.

91.

Nonconforming use, building or yard: A use, building or yard, which does not, by reason of design, use, or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to the passage of this ordinance.

92.

On-premise consumption: Establishments where the consumption occurs on the premises.

93.

Off-premise consumption: Establishments that sell alcohol for consumption off the premises that include but are not limited to the following: liquor stores, grocery stores, convenience stores.

94.

Parking area: Space used exclusively for the parking of vehicles and where no other business is conducted.

95.

Parking space: A paved or concrete surfaced area, not closer than six feet from the back edge of the curb, the width and length of which shall exceed by a minimum of two feet the dimensions of the type of vehicle normally to be parked in the space, and connected to a street or alley by a driveway affording satisfactory ingress and egress. The minimum dimension of a parking space shall be in accordance with the adopted ordinances of the City of Pharr regarding off-street parking.

96.

Patio home: A single-family, attached, residential dwelling unit that is most often a one-story L-shaped or U-shaped home that utilizes the entire lot with an enclosed garden court for open space area. Fire-retardant walls are utilized and additional open space is often provided by clustering the units.

97.

Permitted use: A use specifically allowed in one or more of the various districts without the necessity of obtaining a use permit.

98.

Person: Any individual, association, firm, corporation, governmental agency or political subdivision.

99.

Personal service shop: An establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot, saddle, shine shop.

100.

Place: An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.

101.

Planning consultant: A private practitioner in planning, as planning is defined by the American Planning Association.

102.

Planned shopping center: A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as one operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

103.

Planned unit development (PUD): Includes a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity, and comply with provisions of the ordinances governing planned unit developments.

104.

Plat: A map of a subdivision or site plan that represents a tract of land, showing the boundaries and location of individual properties and streets.

105.

Portable building: A temporary building that does not have a foundation and is transportable.

106.

Recreational vehicle or travel trailer: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding state maximums.

107.

Restaurant or cafe: A building or portion of a building, where the primary business is the on-premises sale of prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered.

108.

Retail: The sale of goods directly to a consumer. Engaged in, pertaining to, or relating to the sale of merchandise at retail. To sell by individual items or by the piece, directly to a consumer.

109.

Retail food store: A retail establishment selling meats, fruits, vegetables, bakery products, light hardware, and other similar items which are purchased for use and consumption off the premises (may be drive-in or supermarket type).

110.

Right-of-way line: A dividing line between a lot, tract, or parcel of land and the public right-of-way.

111.

Servants' quarters: An accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

112.

Setback: See "Building setback line."

113.

Sign: A name, identification, image, description, display or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs. Included in this definition are the following signs:

a.

Animated sign: A sign with action or motion, flashing color ranges requiring electrical energy, electronic or manufactured sources of supply, but not including wind-actuated elements such as flags, banners, or special items.

b.

Directional sign: A sign containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly or privately owned natural phenomena; historic, institutional, cultural, scientific, educational and religious sites; and area of natural scenic beauty or naturally suited for outdoor recreation deemed to be in the interest of the traveling public and having statewide or regional significance.

c.

Freestanding sign: A sign which is supported by one or more columns, uprights or braces in or upon the ground.

d.

Illuminated sign: A sign in which a source of light is used in order to make readable the message. This definition shall include internally and externally lighted signs and reflectorized, glowing or radiating signs.

e.

Nameplate: A sign attached to a building not more than one square foot in area identifying the owner or lessor, and his title or occupation.

f.

Off-premises sign: A sign including the supporting sign structure which directs the attention of the general public to a business, service, or activity not usually conducted or a product not usually offered or sold upon the premises where such a sign is located. None of the following shall be deemed an off-premises outdoor advertising sign:

1)

Directional and other official signs authorized by law.

2)

Real estate signs.

3)

Political signs.

4)

Signs which have a significant portion of their face area devoted to giving public service information such as, but not limited to, time, date, temperature, weather, or similar information.

g.

Official signs: Shall mean directional and other official signs authorized by law, including signs pertaining to natural wonders and scenic and historic attractions, and signs which have as their purpose the protection of life and property.

h.

On-premises sign: A sign which directs the attention of the general public to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the business, name of the person, firm or corporation occupying the premises.

i.

Political sign: Any sign whose sole purpose is the transmittal of information concerning an upcoming political issue or campaign, or a public issue of potential concern to the community as a whole.

j.

Portable sign: A freestanding and movable sign, designed to be temporary and mobile. This definition includes signs attached to trailers, but does not include signs permanently placed on the sides of motor vehicles.

k.

Private directional sign: A sign not erected by or under authority of any governmental agency, which contains only information designed to direct pedestrian or vehicular traffic and which contains no advertising material or a business name. Examples of private directional signs include signs bearing only the word "entrance" or "exit" located on or near a parking lot. No sign which contains the name of a business or activity or any other advertising material shall be considered a private directional sign, even though such sign may also contain the word "entrance" or "exit." A sign containing the word "parking" at any parking lot where a person is charged any fee or other monetary consideration for parking shall be considered an advertising sign, not a private directional sign.

l.

Real estate sign: Any sign smaller than three feet by four feet, temporarily advertising the sale or lease of the property upon which it is located, or any permanent sign affixed to a gate or entryway advertising only the name and address of a subdivision, apartment, complex or residential district.

114.

Site: A combination of contiguous lots that may or not be owned separately, that will be developed under one unified plan, as if it were a single parcel of land.

115.

Site plan: The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility service, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

116.

Space: A plot of ground within a mobile home or recreational vehicle park designated for the accommodation of one mobile home or one recreational vehicle, together with such open space as required by this article [ordinance].

117.

Storage: The accumulation, stocking, or depositing of materials or items for eventual use or sale in a commercial enterprise; does not include the storing of a single car or truck on an individual residential lot.

118.

Storage building: Any building, either portable or constructed on site, utilized for storage purposes, and not requiring plumbing and electrical wiring, and not used for residential purposes.

119.

Story: That part of a building included between the surface of one floor and the surface of the floor next above, or, if there be no floor above, that part of the building which is above the surface of a floor and the ceiling next above. A stop story attic is a half-story, when the main line of the eaves is not above the middle of the interior height of such story. The first story is a full story when over 50 percent of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting entrance of daylight and outside air.

120.

Street: A public or approved private thoroughfare which affords the principal means of access to abutting property, excluding alleys.

a.

Street, arterial: A thoroughfare designated as a freeway, expressway, major arterial, or minor arterial in the most recently adopted city thoroughfare plan. The primary function of an arterial is to carry traffic through the city, and is designed for as high a speed as possible. Also known as a major thoroughfare.

b.

Street, collector: A street that primarily carries traffic from local or residential streets to major thoroughfares and highways, including the principal entrance streets for circulation to schools, parks, and other community facilities within such a development, and also including all streets which carry traffic through or adjacent to commercial or industrial areas.

c.

Street, local or residential: A street that is used primarily for access to abutting residential property and circulation of traffic within residential neighborhoods. It is of a width and design to discourage through traffic, thereby protecting the residential area. A local street serves the same purpose in a commercial or industrial district.

d.

Street, frontage: A local street lying parallel to and adjoining a major street right-of-way, which provides access to abutting properties.

e.

Street, marginal access: A street that is parallel and adjacent to an arterial street and which primarily provides vehicular access to abutting properties and protection from through traffic.

f.

Street, private or service drive: A vehicular accessway under private ownership and maintenance that has not been dedicated to the city and accepted by the city.

121.

Street line: The dividing line between the street and the abutting property.

122.

Structure: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including, but not limited to, signs, and excluding utility poles, fences, retaining walls and canopies.

123.

Structural alterations: Any alteration involving a change in or addition to the supporting members of a building, such as bearing walls, columns, beams or girders.

124.

Subdivision: The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.

125.

Tourist court or motel: A tract or parcel of land upon which two or more tourist sleeping units are placed and the required parking areas are located.

126.

Townhouse: A single-family dwelling unit constructed in a series, or a group of units having common walls, each on a separate lot.

127.

Travel trailers: Any vehicular, portable structure designed as a temporary dwelling for travel, recreational and vacation uses, and includes folding, hardtop campers transported behind a motor vehicle, truck-mounted campers attached to and transported behind a motor vehicle or pickup, camper, converted bus, tent trailer, tent or similar device used for temporary, portable housing, or a similar type of temporary dwelling intended for short-term occupancy, travel, and/or recreation.

128.

Variance: Relief from or variation of the provisions of these regulations, other than use regulations, as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter [sic] in powers and duties of the board of adjustment.

129.

Wholesale: The sale of commodities for the purpose of resale, as to retailers or jobbers rather than to consumers directly; opposed to "retail." Of, pertaining to, or engaged in sale at wholesale.

130.

Yard: An open space of grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. Where lots abut a street that is designated a thoroughfare on the thoroughfare plan, all yards abutting said street shall be measured from a line one-half the proposed right-of-way width from the centerline, or from the lot line, whichever provides the greater setback.

a.

Front: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the right-of-way line and wall of the main building or any projections thereof other than the projections [of] uncovered steps, uncovered balconies, or uncovered porches, in accordance with the area requirements of each district. On residential corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension except where corner lots may be square in dimension and/or have double frontage, at which time the front yard shall correspond to the lot's side adjacent to the longest block face in which it occurs and to which the majority of the existing structures front.

b.

Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches, in accordance with the area requirements of each district. On all lots the rear yard shall be in the rear of the front yard.

c.

Side: A yard between the main building and the side line of the lot, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof.

131.

Zero lot line: A single-family detached dwelling unit that is built to the property line on one side, with a fire-retardant wall. The yard areas are then placed on the other side, and an L-shaped house is specially designed to utilize the side yard.

132.

Zone: A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

133.

Zoning: The dividing of a municipality into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

(Ord. No. 85-26, §§ 1, 2, 8-13-85; Ord. No. O-2002-25, § 1, 5-14-02; Ord. No. O-2014-49, § 2, 11-3-14)

In interpreting and applying the provisions of this ordinance, or any amendment hereto, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this ordinance or any amendment hereto to interfere with or abrogate or annul any easements, covenants or other agreements between parties, or any statute, local ordinance or regulations, except that if this ordinance or any amendment hereto imposes a greater restriction, or higher standard, this ordinance or any amendment hereto shall control.

(Ord. No. 84-44, § VIII, 7-31-84)

All rights or remedies of the city are expressly saved as to any and all violations of previous zoning regulations or amendments thereto, of said city that have accrued at the time of the effective date of this ordinance; and to such accrued violations, the city and the courts shall have all powers that existed prior to the effective date of this ordinance, and any amendment hereto, and that all existing violations of previous zoning regulations which would otherwise become nonconforming uses under this ordinance, and any amendment hereto, shall be violations of this ordinance, and any amendment hereto, in the same manner that they were violations of prior zoning regulations.

(Ord. No. 84-44, § VIII, 7-31-84)

If any section, subsection, sentence, clause, or phrase of this ordinance, and any amendments hereto, is for any reason held to be invalid by court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance, and any amendment hereto.

(Ord. No. 84-44, § VIII, 7-31-84)

All ordinances or parts of ordinances in conflict or inconsistent with any of the provisions of this ordinance, and any amendment hereto, are hereby repealed insofar as the same are in conflict with the provisions hereof and insofar as necessary to give this ordinance, and any amendment hereto, full force and effect.

(Ord. No. 84-44, § VIII, 7-31-84)

In compliance with section 8 of the city Charter requiring ordinances imposing penalties to be published in the official newspaper, it is hereby ordered that this ordinance be so published. It is further ordered, as permitted by section 9 of the city Charter, that the publication of this ordinance take the form of the publication of a descriptive caption or title, stating in summary the purpose of the ordinance, and the penalty for violation thereof.

This ordinance shall take force and effect ten days from and after the date of its publication in the official newspaper.