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For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows. The present tense includes the future tense. The singular number includes the plural, and the plural number includes the singular.
(1) In a residential district, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes, and not rented, which may contain servants quarters, a washroom, a storage room for domestic storage only and space for one or more automobiles.
(2) In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
ACCESSORY USE. A use subordinate to the principal use of a building or lot and serving a purpose customarily incidental to the principal use.
AGENT OF OWNER. Any person who can show certified written proof that he is acting for the property owner.
ALLEY. A public or private way not more than 30 feet wide affording only secondary means of access to abutting property.
APARTMENT. A room or suite of rooms in an apartment house arranged, designed or occupied as a residence by a single family, individual or group of individuals.
APARTMENT HOUSE. Any multiple-family dwelling or building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.
BASEMENT. A story whose floor is more than 12 inches, but not more than half of its story height below the average level of the adjoining ground (as distinguished from a “cellar” which is a story more than one-half below such level). A basement or cellar, when used as a dwelling, shall be counted as a story for purposes of height measurement.
BEGINNING OF CONSTRUCTION. The incorporation of labor and material within the foundation of the building or buildings.
BOARDING HOUSE. A building other than a hotel, where lodging and meals for five or more persons are served for compensation.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building.
BUILDING LINE. A line parallel or approximately parallel to a lot line or street line and beyond which buildings may not be erected.
BUILDING OFFICIAL. The building inspector or other official appointed by the City Manager to enforce the zoning ordinance.
BUILDING, MAIN. A building in which is conducted the principal use of the site on which it is located. In any residential district any and all dwellings shall be deemed to be main buildings on the site on which they are located.
CAMPER. A mobile living unit designed to be mounted upon and conveyed by another vehicle.
CERTIFICATE OF OCCUPANCY AND COMPLIANCE. A document issued by the Building Official authorizing buildings, structures or used consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
CITY. The city of Freeport, in Brazoria County, Texas.
CLINIC, MEDICAL. An institution or station for the examination and treatment of ill and afflicted out patients.
COIN OPERATED MACHINE. A skill or pleasure machine or device, or an electronic, electromechanical, or mechanical contrivance, operated by the payment or insertion of coins, tokens, paper currency or any other consideration, that are designed, made or adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance afford or reward the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, novelties, or a representation of value redeemable for those items, having a wholesale value available from a single play of the game or device of not more that ten times the amount charged to play the game or device once or $5, whichever is less.
COMMON AREA. An area held, designed and designated principally for the common use of the occupants of a townhouse project.
CONDOMINIUM. Has the meaning given to it in Tex. Property Code § 81.002 if the declaration for the condominium was filed prior to January 1, 1994, and the meaning given to it in Tex. Property Code § 82.003 if the declaration for the condominium was filed on or after January 1, 1994.
CONSTRUCTION SITE BUILDING. A commercial structure that is not open to the public and that is used for any purpose at a commercial site by a person constructing a building, road, bridge, utility or other infrastructure or improvement to real property.
CONVALESCENT HOME. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.
COURT. An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
COVERAGE OF A LOT or MAXIMUM ALLOWABLE BUILDING AREA. The ratio of gross floor area of the first floor of a building or of a group of buildings on the same lot to the area of the lot, expressed as a percentage.
DAY NURSERY. A place where children are left for care between the hours of 7:00 a.m. and 12:00 p.m. midnight.
DENSITY. The maximum number of family units permitted on a lot.
DETACHED STRUCTURE. Any building, accessory building or structure that is not physically attached to any other building or structure by any means.
DISTRICT or ZONING DISTRICT. A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer or mobile home.
DWELLING, CONVENTIONAL. A dwelling which is constructed on site so as to conform with all of the standard codes as adopted by the Code of Ordinances of the city. It includes a prefabricated home or structure as well as a structure so constructed on site at a different location and moved to a new location but does not include a manufactured home or travel trailer.
DWELLING, DUPLEX OR TWO-FAMILY. A building designed for or used exclusively for residence purposes by two families or two housekeeping units.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.
DWELLING, SINGLE FAMILY. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING UNIT or UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
EXCLUDED MACHINE. Any of the following:
(1) A machine that awards the user non-cash merchandise prizes, toys, or novelties solely and direct from the machine, including clew, crane, or similar machines.
(2) A machine from which the opportunity to receive non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, varies depending upon the user’s ability to throw, roll, flip, toss, hit or drop a ball or other physical object into the machine or a part thereof, including basketball, skee-ball, golf, bowling, pusher, or similar machines.
FAMILY. A person living alone or two or more persons living together as a single housekeeping unit in a dwelling unit, and in which not more than four individuals are unrelated by blood.
FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the center lines of exterior walls or from the center line of walls separating two buildings in square feet.
FREESTANDING SIGN. A sign supported solely by posts or structures other than a building.
GAME ROOM FOR COIN OPERATED MACHINE. Any building, or portion thereof, used primarily for the exhibition or displaying of coin operated machines other than exclusively for excluded machines. A building, or part thereof, has such primary use where (a) at least 51% of the total square footage of such building, or any part thereof, exclusive of rest rooms, storage rooms or other areas from which the public is usually excluded by the operator, is used for the exhibition or displaying of coin operated machines or (b) at least 51% the gross revenues derived from any use of such building is derived from the operation of eight-liners located therein.
GRADE, EXISTING. The average level of the original surface of the ground adjacent to the exterior walls of the building.
GREENBELT. An open space of landscaped or undeveloped land, usually surrounding a residential area and designated by easement covenant, deed restriction or zoning ordinance that prohibits development (construction of buildings or other elevated structures) in that area.
HOTEL. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied for hire, and in which there are more than 12 sleeping rooms, a public room for the accommodation of more than 12 guests and a general kitchen.
HUD-CODE MANUFACTURED HOME. 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 body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on 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 travel trailer.
INSTALLATION. When used in reference to manufactured housing, the transporting of a HUD-code manufactured home or HUD-code manufactured home components to the place where they will be used by the consumer, the construction of the foundation system, whether temporary or permanent, and the placement and erection of a HUD-code manufactured home or HUD-code manufactured home components on the foundation system, and includes supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expandable sections or components, the installation of air condition, and minor adjustments.
JUNK. All worn-out and discarded material, in general, including but not limited to old iron, steel, brass, tin, lead, copper and other base metals; old cordage, ropes, rags, fibers and fabrics; old rubber; old bottles or other glass; bones; waste paper and other waste or discarded material whether or not such objects might be prepared to be used again in some form; junked vehicles as defined in § 94.01and Tex. Trans. Code § 683.071; and any or all or any pieces or parts of any of the foregoing.
JUNK YARD. A yard, lot or place, containing junk as herein defined and upon which occurs one or more acts of buying, keeping, storing, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity, and including any business or premises used for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storage or leaving of junked vehicles as herein defined or any other worn out or abandoned stoves, refrigerators, air conditioners, heaters or machinery or appliances of any kind, or of any of the parts thereof.
LIQUOR STORE. Any retail establishment at which liquor, as defined in Chapter One of the Texas Alcoholic Beverage Code, is offered for sale for off premises consumption.
LOT. One piece, parcel or tract of land which collectively meets all of the following requirements at the time of filing for a Certificate of Occupancy and Compliance:
(1) Is located within a single block;
(2) Has frontage on an accepted and improved public street;
(3) Is occupied or utilized or designated by its owner, owners or developer to be occupied, developed or utilized as a unit for a principal use and uses accessory thereto, together with such open spaces as are required by this chapter; and
(4) Of which a plat has been recorded in the office of the County Clerk.
LOT. Includes the words plot or parcel.
LOT, AREA OF. The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.
LOT DEPTH. The mean horizontal distance between the front lot line and rear lot line of a zoning lot.
LOT LINE. A boundary of a lot.
LOT LINE, FRONT. The street right-of-way line at the front of a lot.
LOT LINE, REAR. The lot line opposite and most distant from the front.
LOT LINE, SIDE. A lot line which is not a front lot line or rear lot line. A side lot line separating a lot from a thoroughfare other than an alley is an exterior side lot line as opposed to an interior side lot line.
MANUFACTURED HOME. A mobile home or a HUD-code manufactured home.
MARINA. A dock or basin providing secure moorings for pleasure boats and often offering supplies, repair and other facilities.
MARINA RELATED BUSINESS. Any business which primarily provides goods and services to any customer of any marina located in the W-4 Marina Zoning District.
MAY. The act referred to is permissive.
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 and 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 travel trailer.
MOBILE HOME PARK. Any lot upon which are located one or more mobile homes, occupied for dwelling purposes, regardless of whether or not a charge is made for such accommodation.
MODULAR COMPONENT. A structural part of housing or building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without damage or removal and reconstruction of a part of the housing or building.
MODULAR OR INDUSTRIALIZED BUILDING. A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site and is designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed; but excluding a commercial structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof or a commercial building or structure that is installed in a manner other than on a permanent foundation and is either not open to the public or less than 1,500 square feet in total area and used other than as a school or a place of religious worship.
MODULAR OR INDUSTRIALIZED HOUSING. A residential structure that is designed for the occupancy of one or more families, constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site and designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system; but excluding a residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof, housing constructed of a sectional or panelized system that does not use a modular component, or a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
MOTEL. A building or group of buildings, including either separate units or a row or rows of units which (a) contain living or sleeping accommodations primarily for transient occupancy and (b) having individual entrances.
NEW HUD-CODE MANUFACTURED HOME. One which is newly manufactured and not a used HUD-code manufactured home.
NON-REGULATED NIGHT CLUB. A night club that sponsors or permits any on-site event or activity involving alcohol which is not regulated by the Texas Alcoholic Beverage Commission between the hours of 2:15 a.m. and 12:00 noon on Sunday and 2:15 a.m. and 7:00 a.m. on other days if such club has or is required by the code of the city to have any of the following:
(1) A sound amplification permit;
(2) A dance hall permit;
(3) A coin-operated machine on which a tax is required to be paid; or
(4) If such club charges a door charge, an entry fee or other valuable consideration for entry onto or to remain upon the premises.
NURSING HOME. Any premises where more than three persons are lodged and furnished with meals and nursing care.
OFF-PREMISES SIGN. A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which such sign is located.
ON-PREMISES SIGN. A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product principally located or primarily manufactured or sold on the premises on which such sign is located.
OPEN SPACE. Any open piece of land that is undeveloped (has no buildings or other built structures) and is accessible to the public. OPEN SPACE can include: greenspace (land that is partly or completely covered with grass, trees, shrubs or other vegetation).
OUTSIDE SALES. The offering of goods or services for sale on any premises outside of the main building or an accessory building thereto which, in either case, is a building which conforms to the requirements of this chapter and any building or other codes of the city.
PARKING FACILITY. Private property adjacent to and usable for vehicular parking by the customers of any business the entrance to which fronts on such parking facility.
PARKING FACILITY OWNER. The owner of a parking facility as well as a lessee of such owner if such lessee is operating a business the entrance to which fronts on a parking facility.
PERMANENT FOUNDATION. A foundation having the following characteristics:
(1) The foundation and all related construction complies with the requirements of the mandatory building code adopted under the Texas Industrial Building and Housing Program;
(2) The foundation system is capable of transmitting all design loads imposed by or upon the foundation and the attached structure into soil or bedrock without failure;
(3) The structure is attached without the towing hitch, axles, brakes, wheels and other parts of the chassis that only operate during transportation;
(4) Ventilation and decay details are provided in accordance with the requirements of such code.
PERSON. Includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
PLANNED UNIT DEVELOPMENT (PUD). A Planned Unit Development is a development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development, and which includes street, utilities, lots or building sites and which indicates all structures and their relationship to each other and to adjacent uses and improvements, as well as open spaces. A Planned Unit Development may consist of dwelling units and detached, semi-detached, attached or multi-family structures and may also include those non-residential uses which are more specifically set out in § 155.045, and which are compatibly and harmoniously incorporated into the unitary design of the Planned Unit Development.
PRIVATE YARD. An area of open space within a townhouse but which is unoccupied and unobstructed by any portion of a structure.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own motive power or is mounted on or towed by another vehicle and requiring no special permit by the Texas Department of Highways and Public Transportation. The basic entities are travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not a mobile home as defined above for purposes of this chapter.
RECREATIONAL VEHICLE PARK. A unified development of 40 or more recreational vehicle spaces arranged on a tract of land which has been zoned for such purposes; or, by specific use permit, in any other zoning district except the R-1, R-2, R-3, W-1 or W-1R zoning districts.
SERVANTS QUARTERS, BONA FIDE. Living quarters located on the same lot as the main building for the family of a servant employed on the premises who receives at least 50 percent of his total income from the occupant of the main building.
SERVICE BUILDING. A structure housing toilet, lavatory and such other permanent facilities as may be permitted by the International Plumbing Code adopted by § 150.045.
SETBACK LINE. That line which is parallel to and the minimum allowable horizontal distance from a given point or line of reference, such as a lot line, to the minimum required building line.
SEXUALLY ORIENTED BUSINESS. An adult bookstore, adult theater, adult video store or other sexually oriented business as those terms are defined in Chapter 243 of the Tex. Local Government code, and the decisions of the appellate courts having jurisdiction over the territory in which the city is located, and in Chapter 123 of this code. A commercial establishment may have other business purposes that are not a sexually oriented business or related to a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a SEXUALLY ORIENTED BUSINESS so long as one of its business purposes is a sexually oriented business.
SHALL. The act referred to is mandatory.
SIGN. Any outdoor display, design, pictorial or other representation that is so constructed, placed, attached, painted, erected, fastened or manufactured in any manner so that the same shall be used for advertising or the visual dissemination of any information, symbol or picture in any manner whatsoever. The term SIGN shall include the sign structure.
SIGN, AREA OF. The total exterior surface computed in square feet of a sign having but one exposed exterior surface; the aggregate exposed exterior surface computed in square feet of a sign having more than one such surface.
SPACE. A plot of ground within a mobile home park or a recreational vehicle park designated for the accommodation of one mobile home or one recreational vehicle, respectively, together with such open space as is required by § 155.035.
STORY. That portion of a building included between the surface of any floor and the ceiling next above it.
STREET. Any thoroughfare other than an alley.
STREET LINE. A dividing line between a street and an abutting lot, tract or parcel of land.
STRUCTURAL ALTERATIONS. Any change in the structural members of a building, such as walls, columns, beams or girders.
STRUCTURE. Anything constructed, the use of which required permanent location on the ground or attachment to something having a permanent location on the ground.
TOWNHOUSE. A single family dwelling unit structure separated by a non-load bearing masonry wall having a minimum of a four hour fire rating which extends a minimum of 18 inches above the highest peak of the roofs which fire wall abuts a single family dwelling unit townhouse.
TOWNHOUSE GROUP. Four to ten contiguous townhouses connected by common fire walls required under the definitions of TOWNHOUSE.
TOWNHOUSE PROJECT. A townhouse development or plan which is submitted and approved by a single special permit.
TRAVEL TRAILER. A vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own motive power or is mounted on or towed by another vehicle. The basic entities are recreational vehicles, camping trailers, truck campers and motor homes but it does not include a manufactured home as herein defined.
UNIT or DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
USED or OCCUPIED. Include the words intended, designed or arranged to be used or occupied.
USED HUD-CODE MANUFACTURED HOME. One which has been previously owned by a person or entity other than the manufacturer thereof or its authorized representative.
WELDING. The term WELDING includes and is included in the terms FABRICATION, ASSEMBLY and/or REPAIR when such terms are used in connection with metal products.
YARD. An open, unoccupied space other than a court, on the lot in which a building is situated and which is unobstructed from the ground to the sky.
YARD, FRONT. An open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and being the minimum distance between the street line and the main building.
YARD, REQUIRED FRONT. An open space extending the full width of a lot between the front lot line and the front setback line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, REAR. An open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line and being the minimum horizontal distance between the rear lot line and the main building.
YARD, REQUIRED REAR. An open space extending the full width of the lot between the rear lot line and the rear setback line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, SIDE. An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line.
YARD, REQUIRED SIDE. An open space extending from the minimum front yard setback line to the minimum rear yard setback line between the side yard setback line and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
ZONING MAP, OFFICIAL. The zoning map or maps of the city attested together with all amendments subsequently adopted.
(Ord. 1100 § 2, passed 4-3-64; Am. Ord. 1100-L, passed 2-18-74; Am. Ord. 1100-CC, passed 10-16-78; Am. Ord. 1100-KK, passed 6-18-79; Am. Ord. 1100-KKK, passed 11-15-82; Am. Ord. 1100-94-1, passed 4-4-93; Am. Ord. 1845, passed 11-16-98; Am. Ord. 2004-2040, passed 3-15-04; Am. Ord. 2004-2041, passed 3-15-04; Am. Ord. 2004-2043, passed 5-3-04; Am. Ord. 2004-2071, passed 12-6-04; Am. Ord. 2005-2077, passed 3-21-05; Am. Ord. 2007-2157, passed 3-19-07; Am. Ord. 2007-2178, passed 10-15-07; Am. Ord. 2010-2244, passed 5-4-10; Am. Ord. 2012-2311, passed 6-18-12; Am. Ord. 2013-2056, passed 1-21-14; Am. Ord. 2015-2099, passed 11-2-15; Am. Ord. 2017-2136, passed 6-5-17)