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Quinlan City Zoning Code

§ 33

RULES OF CONSTRUCTION AND SPECIAL DEFINITIONS.

33.1 
General Rules of Construction:
The following rules of construction shall apply to the interpretation of words used in this ordinance:
A. 
Words used in the present tense include the future tense;
B. 
Words used in the singular number include the plural number;
C. 
Words used in the plural number include the singular number;
D. 
The words “building” and “structure” are synonymous;
E. 
The words “lot,” “plot,” and “tract” are synonymous; and
F. 
The word “shall” is mandatory and not discretionary.
G. 
Except to the extent a particular provision specifies otherwise, the following definitions shall apply throughout this ordinance.
1. 
Accessory Caretaker's/Guard's Residence.
A residence located on a premises with a primary nonresidential use as an accessory or incidental use only after issuance of a certificate of occupancy and establishment of the nonresidential use to which it is accessory, occupied only by a caretaker, guard, on-site manager or similar employee of the principal use, and serviced through the same utility meters or connections as the principal use to which it is accessory. Accessory Caretaker's/Guard's Residence may be located on the first floor of the primary structure if it does not exceed 25% of the overall square footage of the first floor, located to the rear of the premises store frontage and not sold/leased as individual dwelling separate from the primary nonresidential use. Such residences must similar construction and materials as that of the structure or portion of structure occupied by the primary use [sic].
2. 
Accessory Loft Residence.
A residence or residential use established in a building as an accessory or incidental use only after issuance of a certificate of occupancy and establishment of the nonresidential use to which it is accessory. An Accessory Loft Residential use is located above the primary use operating on the first floor, is occupied by a bona fide owner, manager or regular employee actively involved in the primary business use below, is not leased or sold as an individual dwelling unit and is served by the same address and utility service as the active business use below to which it is accessory and incidental.
3. 
Accessory Use or Building -
A use or building subordinate to and detached from the main building, greater than one hundred twenty (120) square feet in floor area, and used for purposes customarily incidental to the primary use of the premises.
4. 
Airport or Landing Field -
An area improved for the landing or take-off of aircraft approved by the City of Quinlan for operation as an aircraft landing facilities.
5. 
Alcoholic Beverage -
Any beverage containing more than one-half of one percent alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.
6. 
Alley -
A public space or thoroughfare which affords only secondary means of access to property abutting thereon.
7. 
Antique Shop -
An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.
8. 
Apartment -
A room or suite of rooms in a multifamily dwelling or apartment house designed or occupied as a place of residence by a single family, individual or group of individuals.
9. 
Apartment House -
Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.
10. 
Area of the Lot or Building Site -
The area shall be the net area of the lot or site and shall not include portions of streets and alleys.
11. 
Art Gallery or Museum -
An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
12. 
Basement -
A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story when computing building height.
13. 
Block -
An area enclosed by streets and occupied by or intended for buildings; where this word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.
14. 
Boarding or Rooming Houses -
A building, other than a hotel or multiple-family dwelling, where lodging is provided for five (5) or more persons for compensation, and where facilities for food preparation are not provided in individual rooms.
15. 
Building -
(Same as Structure.)
16. 
Building Ends -
Those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building spacing regulations for multiple-family dwelling, the term “building end” shall mean the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.
17. 
Building Inspector -
The Building Official or person charged with the enforcement of the zoning and building codes of the City.
18. 
Building Line -
A line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street line that a building may be erected.
19. 
Building Material Sales -
The sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which is oriented to the retail customer, rather than contractor or wholesale customer.
20. 
Building Official -
The Building Inspector
21. 
Camp (For Children) -
A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities overnight or on an extended basis.
22. 
Carport -
An attached or detached structure that is open on at least two (2) sides, accessory to an existing single-family residence, designed to cover no more than 2 vehicles and not exceeding 24' in its longest dimension.
23. 
Cellar -
A building story with more than one-half (1/2) its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
24. 
Certificate of Occupancy and Compliance -
An official certificate issued by the City through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.
25. 
Church or Rectory -
A place of assembly and worship by a recognized religion including without limitation synagogues, temples, churches, instruction rooms and the place of residence for ministers, priests, rabbis, teachers and directors on the premises.
26. 
City Council -
The governing body of the City.
27. 
Clinic, Medical or Dental -
Facilities for examining, consulting and treating patients including offices, laboratories and outpatient facilities, but not including hospital beds and rooms for acute or chronic care.
28. 
Club, Private -
A club-room or suite of rooms or a building available to restricted membership for meetings, dining on-premise, alcoholic beverage consumption and entertainment. Such facilities may include a private tennis court, swimming pool or similar recreational facilities, none of which are available to the general public.
29. 
College or University -
An academic institution of higher learning, accredited or recognized by the State and covering a program or series of programs of academic study.
30. 
Commercial Amusement (Indoor) -
An amusement enterprise wholly enclosed and operated within an acoustically treated building such as but not limited to, a bowling alley or pool hall.
31. 
Commercial Amusement (Outdoor) -
An amusement enterprise offering entertainment to general public such as golf driving range, pitch and putt course, archery, miniature golf and similar outdoor activities, but not including go-cart racing, drag strips, auto racing or motorcycle racing.
32. 
Community Center (Private) -
A building or group of rooms designed and used as an integral part of a residential project by the tenants of such project for a place of meeting, recreation or social activity and under the management and unified control of the operators of the project. A private community center shall not be operated as a place of public meetings or as a business nor shall the operation of such facility create noise, odor or similar conditions perceptible beyond the bounding property line of the project site.
33. 
Community Center (Public) -
A building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the community served.
34. 
Convalescent Home -
Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.
35. 
Country Club (Private) -
An area of twenty (20) acres or more containing a golf course and a clubhouse and available only to private specific membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
36. 
Court -
An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.
37. 
Coverage -
The percent of a lot or tract covered by the roof or first floor of a building.
38. 
Day Nursery -
An establishment where children are left for care or training during the day, including a recreational area with or without a building where children engage in supervised training or recreation during a portion of the twenty-four (24) hours of a day.
39. 
Depth of Lot -
The mean horizontal distance between the front and rear lot lines.
40. 
Dwelling, Multiple-Family -
Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families.
41. 
Dwelling, One-Family -
A dwelling unit having accommodations for and occupied by not more than one family, or by one family and not more than four (4) boarders and lodgers.
42. 
Dwelling, Two-family -
A detached building having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders and lodgers.
43. 
Dwelling Unit -
A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.
44. 
Eating Place Without Drive-In or Curb Service -
Any eating establishment, cafeteria, restaurant or inn where food service is offered to customers not in automobiles.
45. 
Family -
Any number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood, marriage or adoption.
46. 
Farm Accessory Building -
An accessory structure on a tract qualifying as a farm as herein defined for storing or housing the usual projects and animals raised or maintained on a farm, such as a barn, poultry house, stable, machinery shed or granary. Animals or poultry shall be located nearer than one hundred (100) feet to the bounding property lines of the farm tract.
47. 
Fire, Police or Municipal Building -
Any public service building of the municipal government including a library or City Hall, but excluding storage yards, utility shops and equipment centers.
48. 
Floor Area -
The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages and porches.
49. 
Flea Market -
A collection or group of outdoor stalls, booths, tables or other similar arrangements, used by individual vendors, for the display and sale of various items of new or used personal property.
50. 
Floor Area -
The total square feet of floor space within the outside dimensions of a building including each floor level, but not excluding cellars, carports, garages or porches.
51. 
Floor Area Ratio -
The ratio of total building floor area to lot area.
52. 
Garage -
An accessory building or an accessory portion of the main building, designed and intended for the storage of one or more vehicles owned and operated by the occupants of the main building and installed on a permanent foundation and concrete pad.
53. 
Garden or Orchard (Commercial) -
An area of more than one (1) acre used for growing of usual farm products, vegetables, fruits, trees and/or grain.
54. 
Garden or Orchard (Noncommercial) -
An area of one (1) acre or less which is used for growing of usual farm products, vegetables, fruits, trees and/or grain.
55. 
Golf Course (Commercial) -
A golf course, privately owned but open to the public for a fee and operated as a commercial venture.
56. 
Guest House (Detached) -
A secondary structure on a lot or tract containing dwelling accommodations excluding kitchen facilities and separate utility services or meters and intended for the temporary occupancy by guests and not for rent or permanent occupancy.
57. 
Hazardous Waste -
Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency (USEPA) or appropriate agency of the State to be “hazardous” as that term is defined by or pursuant to Federal or State law.
58. 
Height -
The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof’s surface if a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and edge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet. If the street grade has not been officially established, the average front yard grade shall be used for a base level.
59. 
Heliport or Helistop -
A landing facility for rotary wing aircraft which may include fueling or servicing facilities for such craft and subject to approval by the City of Quinlan.
60. 
Home for Aged, Residence -
A home where elderly people are provided with lodging and meals without nursing care being primary function.
61. 
Home Occupation -
Any occupation or activity not involving the conduct of a business which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory structure by an immediate member of a family residing on the premises. Also, there is no advertising other than an identification sign of not more than four (4) square feet in area and no other exterior identification of the home occupation or variation from the residential character of the main building or accessory structure; no equipment used which creates noise, vibration, smoke, dust, odor, heat, glare, fire hazard, or electrical interference beyond that normally associated with the average residential use of the district; and the home occupation does not create any significant increase in vehicular flow, parking, pedestrian traffic, the use of utilities, or the generation of trash and refuse beyond the average of the residences in the neighborhood.
62. 
Hospital (General Acute Care) -
An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.
63. 
Hospital (Chronic Care) -
An institution where those persons suffering from generally permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas.
64. 
Institution for Alcohol [Alcoholic], Narcotic or Psychiatric Patients -
An institution offering resident or outpatient treatment to alcoholic, narcotic or psychiatric patients.
65. 
Kindergarten or Nursery School -
A school for children of preschool age, the work of which is purely preliminary to the work of the public school, and which contemplates a planned program of games, songs, social exercises and object lessons.
66. 
Library, Art Gallery or Museum (Public) -
Any institution for the loan or display of books, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the public.
67. 
Light Fabrication and Assembly Processes -
The fabrication, assembly or manufacture of products, including but not limited to jewelry, trimming decorations, signs, and similar items, which does not involve generation of noise, odor, vibration, dust or hazard.
68. 
Living Unit -
The room or rooms occupied by a family and which includes cooking facilities.
69. 
Local Utility Line -
The usual electric power, telephone, gas, water, sewer, and drainage lines designed and constructed by the municipality or a franchised utility company to serve a community with urban type services.
70. 
Lodging House -
A building where lodging for five (5) or more persons is provided in exchange for compensation.
71. 
Lot Coverage -
The percentage of the total area of a lot occupied by the base (first story of [or] floor) of buildings located on the lot or the area determined as the maximum cross-sectional area of the building.
72. 
Lot Depth -
The mean distance between the front and rear lot lines.
73. 
Lot Lines -
The lines bounding a lot as defined herein.
74. 
Lot of Record -
A lot which is part of a subdivision, a plat of which has been recorded in the office of the County Clerk of Hunt County; or a parcel of land, the deed for which is recorded in the office of the County Clerk of Hunt County prior to the adoption of this ordinance.
75. 
Lot or Building Site -
Land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.
76. 
Lot Width -
The width of a lot at the front building lines.
77. 
Main Building -
The building or buildings on a lot which are occupied by the primary use.
78. 
Manufactured Home -
Same as “Mobile Home” except constructed on or after June 15, 1976.
79. 
Manufacturing Processes -
Uses restricted from other zoning districts but permitted in the “I-1” and “I-2” Districts under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent areas.
80. 
Manufactured Home Park -
A tract or parcel of land used to accommodate mobile home units and accessory structures as a semi-permanent place of residence.
81. 
Manufactured Home Subdivision -
A tract of land subdivided into lots which are designed as permanent sites for manufactured or relocatable homes and which are served by separate utilities, dedicated street access on a legally filed plat, and are capable of being conveyed as separate lots.
82. 
Masonry Material -
Refers to material used in the construction of structures including brick, stone, concrete block, concrete tilt-up walls, or other materials using mortar or cement as a bonding agent.
83. 
Mobile Homes -
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 or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (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. References in this ordinance to “mobile home(s)” shall be taken to be references to HUD-Code Manufactured Home(s).
84. 
Modular (Industrialized) Home -
“Modular (industrialized) Home” means a structure or building module as defined by statute and under the jurisdiction and control of the Texas Department of Labor and Standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.
85. 
Motel or Hotel -
A building or group of buildings designed for and occupied as a temporary abiding place of individuals and providing six (6) or more room units with customary hotel services such as linen, maid service, telephone and upkeep of furniture.
86. 
Multiple-Family Dwelling -
Any building or portion thereof which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.
87. 
Nonconforming Use -
A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto and which does not conform to the use regulations of the district in which it is situated.
88. 
Nursing Home or Residence Home for Aged -
A place of care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.
89. 
Occupancy -
The use or intended use of the land or buildings by proprietors or tenants.
90. 
Off-Street Parking Incidental to Main Use -
Off-street parking spaces provided in accordance with the requirements specified by this ordinance and located on the lot or tract occupied by the main use or within two hundred (200) feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.
91. 
On-Premise -
A place where alcoholic beverages, including beer, wine or mixed drinks, are sold for consumption on the premises with or without food. Live entertainment may be provided and dancing permitted subject to other applicable city ordinances.
92. 
Packages Sales (alcoholic beverages) -
Package sales refer to the sale of alcoholic beverages, of all types, in unbroken original containers on or for a premises at retail to consumers for off-premises consumption only and not for the purpose of resale.
93. 
Park or Playground (Public) -
An open recreation facility or park owned and operated by a public agency such as the City of Quinlan or the School Board and available to the general public for neighborhood use but not involving lighted athletic fields for nighttime play.
94. 
Parking Lot or Structure, Commercial (Auto) -
An area or structure devoted to the parking or storage of automobiles for a fee, may include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an integral function for use only by automobiles occupying the structure and creates no special problems of ingress or regress.
95. 
Planning and Zoning Commission -
A five (5) member commission appointed by the City Council for terms of two (2) years as an advisory body which is authorized to recommend changes in the zoning ordinance and make recommendations regarding future development or redevelopment.
96. 
Plant Nursery or Greenhouse -
Retail or wholesale sales of plant materials and supplies either enclosed in a building, lath house, or in the open and with related storage of equipment for landscape contracting.
97. 
Playfield or Stadium (Public) -
An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.
98. 
Porte Coche -
A covered passageway, usually attached to a structure, designed to let vehicles pass through or unload and located near a building entrance and over a driveway.
99. 
Private Club -
See Club, Private.
100. 
Private Garage -
An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.
101. 
Private School -
An academic institution other than a public or parochial elementary or secondary school, including private elementary and secondary schools and institutions of higher learning.
102. 
Private Utility (Franchised) -
A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of Quinlan.
103. 
Public Building, Shop or Yard of Local, State or Federal Agency -
Facilities such as office buildings, other than City Hall, Library, Police or Fire Station, maintenance yards and shops required by branches of Local, State or Federal Agencies for service to an area such as Highway Department Yard, City Service Center or Experiment Station.
104. 
Radio, Television or Microwave Towers -
Structures supporting antenna for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.
105. 
Radio, TV and Appliance Repair -
A shop for the repair of household and home equipment, such as electrical appliances, lawn mowers, tools and similar items where all such items are stored within a building.
106. 
Residence -
Same as dwelling; when used with district, an area of residential regulations.
107. 
Residential Zoning District -
Any zoning district included in this ordinance in which residential uses constitute the primary permitted use classification, including the “SF-1”, “SF-2”, “SF-3”, “MF”, and “MH” District classifications.
108. 
Restaurant or Cafeteria -
A building or portion of a building, not operated as a dining room in connection with a hotel or boarding house where food is served as for pay and for consumption in the building, as a drive-through, and/or where provisions may be made for serving food on the premises outside the building.
109. 
Retail Shop, Apparel, Gift, Accessory and Similar Items -
Small retail shops such as dress shops or gift shops serving specific neighborhood areas as differentiated from department stores or discount stores having community-wide service importance.
110. 
Rooming House -
(see Lodging House.)
111. 
School, Business -
A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.
112. 
School, Commercial, Trade or Craft -
A business operating for profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and other similar manual trades.
113. 
School, Public or Denominational -
A school and customary accessory uses under the sponsorship of a public or religious agency having a curriculum generally equivalent to public, elementary or secondary schools, but not including private trade or commercial schools.
114. 
Secondhand Store, Furniture or Clothing -
An establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.
115. 
Sexually Oriented Business -
Sexually oriented business shall mean commercial enterprises whose major business is the offering of a service or product which is intended to provide sexual stimulation or sexual gratification to the customer, and which is distinguished by or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas including, but not limited to, massage parlors, nude studios, modeling studios, love parlors, adult bookstores, adult video stores, adult motion picture theaters, live nude entertainment club, and adult mini-motion picture theaters, and such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
116. 
Sign -
An outdoor advertising device that is a structure or that is attached to or painted on a building or that is leaned against a structure for display on premises.
117. 
Single-Family Dwelling (Attached) -
A building located on a platted lot or separate building site which designed for and occupied by not more than one (1) family and which is attached by one or more common wall(s) to another similar single-family dwelling unit. An attached dwelling shall be designed to permit separation from an adjoining dwelling in the event either dwelling is caused to be removed.
118. 
Single-Family Dwelling (Detached) -
a detached building located on a platted lot or separate building site which is designed for and occupied by not more than one (1) family.
119. 
Stable (Commercial) -
A structure housing horses which are boarded or rented to the public or any stable other than a private stable; but not including a sale barn, auction or similar trading activity.
120. 
Stable (Private) -
An accessory building set back from adjacent property lines a minimum distance of one hundred (100) feet and used for quartering horses, not to exceed one (1) horse per one and one-half (1.5) acre area of a farm or lot.
121. 
Street -
A public thoroughfare which affords principal means of access to abutting property.
122. 
Street Line -
A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way.
123. 
Story -
The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven (11) feet, six (6) inches.
124. 
Structural Alterations -
Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.
125. 
Structure -
Anything, other than a fence constructed or erected, which requires permanent location on the ground or attached to something having permanent location on the ground.
126. 
Studio: Art, Music, Ceramics, Drama, Speech, Dance, and Similar Skills -
A building or rooms in a building used for instructing, coaching or counseling in drama, speech, dance or similar personal skills or arts.
127. 
Swimming Instruction as a Home Occupation -
The teaching of swimming in a private swimming pool. In a residential area, the offering of swimming instruction in a private pool is subject to the approval of a Specific Use Permit which may specify operating conditions and standards and may limit the number of students and operating time.
128. 
Swimming Pool (Commercial) -
A swimming pool with accessory facilities, not part of the municipal or public recreation system and not a private swim club, but where the facilities are available to the general public for a fee.
129. 
Swimming Pool (Home) -
A swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight (8) feet to any property line.
130. 
Telephone Exchange, Switching and Transmitting Equipment Only -
A switching or transmitting station owned by a public utility but not including business office facilities, storage or repair shops or yards.
131. 
Temporary Field or Construction Office -
Temporary office buildings and temporary building material storage areas to be used solely for construction purposes in connection with the property on which they are erected may be permitted for a specified period of time in accordance with a permit issued by the building official.
132. 
Tennis Court, Private -
A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play in residential areas except as may be otherwise provided or restricted by the Specific Use Permit.
133. 
Thoroughfare -
(Same as Street.)
134. 
Two-Family Dwelling -
A single detached building located on a platted lot or building site designed for and occupied by not more than two (2) families.
135. 
Usable Open Space -
Area including [included] in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.
136. 
Variance -
An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.
137. 
Wrecking or Auto Salvage Yard -
A yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.
138. 
Yard -
An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point forty (40) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant materials.
139. 
Yard, Front -
An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.
140. 
Yard, Rear -
An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated.
141. 
Yard, Side -
An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.
142. 
Zoning Board Of Adjustment -
A five (5) member board appointed by the City Council for terms of two (2) years whose function is to hear cases where a citizen is not satisfied with a decision made concerning a zoning issue.
143. 
Zoning District Map -
The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of this ordinance.
144. 
Zoo (Private) -
A facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee for the promotion of some other enterprise.
145. 
Zoo (Public) -
A publicly owned zoo or similar facility owned and operated by the City or a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.
(Ordinance 299-000, sec. 31, adopted 9/18/91; Ordinance 269-002 adopted 2/12/07; Ordinance 07-753-00, sec. 32, adopted 6/11/07; Ordinance 2014-07-01, sec. 2, adopted 7/14/14; Ordinance 2020-09-01, sec. 3, adopted 9/14/20; Ordinance 2022-12-01, sec. 2, adopted 12/12/2022)