For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In the interpretation of this chapter, words used in the present tense include future tense and vice-versa; words in the plural number include the singular and vice-versa; and the word
SHALL means mandatory, not discretionary.
ACCESSORY BUILDING. A subordinate building or portion of the main building, the use of which is incidental to that of the main building.
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.
AUTOMOBILE SALES AREA. An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises. No dismantling of cars, or sale or keeping of used car parts or junk on the premises is permitted.
BUILDING. The word BUILDING shall include the word STRUCTURE and means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property.
BUILDING, HEIGHT OF. The vertical distance from the grade (average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
CLINIC. Offices for one or more physicians, surgeons or dentists engaged in treating the sick or injured, but not including rooms for hospitalization of patients.
CONDOMINIUM. A form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the legal entity is owned by the unit owners.
DAY NURSERY. A place where six or more children are left for care of a part of the 24 hours of the day.
DRIVEWAY. A vehicular entrance to a site.
DWELLING. Any building or portion thereof designed and used exclusively for residential purposes.
DWELLING, MULTI-FAMILY. A building designed or occupied exclusively by three or more families, living independently of each other, for residential purposes, with separate housekeeping and toilet facilities.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family as a residence.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families, living independently of each other, for residential purposes, including duplexes.
ENFORCEMENT OFFICER. The Building Official of the city or his or her designee.
FARM. An area for the growing of the usual farm products and their storage on the area, as well as the raising thereon of usual farm animals.
FRONTAGE. All the property abutting upon one side of a street or intersecting streets measured along the street line.
GARAGE, PRIVATE. A building used for the housing of motor vehicles which are the property of and for the private use of the occupants of the lot on which it is located. Not more than one of the vehicles may be commercial vehicles and the vehicle shall be parked in a completely enclosed garage while on the lot.
GARAGE, PUBLIC. A garage other than a private garage where motor vehicles are equipped for operation, repairs or kept for remuneration, hire or sale.
HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises; provided no product or property is sold upon the premises; no person is employed other than a member of the immediate family and two assistants; and no mechanical equipment is used which will be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.
HOTEL or MOTEL. A building occupied as a temporary abiding place of individuals who, for consideration, are lodged with or without meals.
HUD-CODE MANUFACTURED HOMES. 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 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. § 3282.8(g).
LODGING OR BOARDING HOUSE. A building other than a hotel where lodging and meals for three or more persons are provided for compensation.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory building, open spaces and parking spaces required by this chapter and having its principal frontage upon a street.
LOT, CORNER. A lot abutting upon two intersecting streets at their intersection.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, WIDTH. The mean horizontal distance measured at right angles to its depth.
LOT OF RECORD. A lot or parcel of land, the plat of which has been recorded in the County Clerk’s office.
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.
MOBILE HOME PARK. Any lot or parcel of land that is used or offered for the accommodation of one or more mobile homes and/or HUD-Code manufactured homes that are used for living and sleeping purposes.
MOTOR HOMES. A self-propelled completely self contained vehicle which contains some or all of the conveniences of a home including cooking, sleeping and/or permanent sanitary facilities, and in which the driver’s seat is accessible in a walking position from the living quarters, and designated for temporary recreation, camping or travel use.
MOTOR VEHICLE. Any vehicle of title such as automobile, truck, water craft, motor home, travel trailer, motorcycle or trailer.
NONCONFORMING USES. Any building or land lawfully occupied and used prior to August 23, 1982 which does not conform with the regulations of the district within which it is located.
PAVED. An area permanently topped with a material such as asphalt or concrete.
PUBLIC BUILDING. A structure owned by a governmental entity designed or intended for the support, enclosure, shelter or protection of persons, animals or property.
RECREATIONAL VEHICLE. A vehicular-type, portable structure without a permanent foundation that can be driven, towed, or hauled, that is designed as a temporary living accommodation for recreational camping and travel use, and that includes, but is not limited to, self-propelled motor homes, travel trailers, truck campers, and camping trailers.
RECREATIONAL VEHICLE PARK. Any lot or parcel of land that is used or offered for the accommodation of one or more recreational vehicles.
RETAINING WALL. A structure placed anywhere with the purpose of separating an elevated area of earth from a lower area of earth, having the ability to withstand the force and weight of the elevated earth.
SCREENING FENCE. A fence or wall of at least six feet in height which substantially obscures the view of the fenced location from the area outside of the fenced location. Brick walls and wooden plank fences with no more than a one-half inch space between planks are examples of SCREENING FENCES. Examples of non-screening fences are chain link fences and picket fences.
SEAWALL/BULKHEAD. A structure placed at or near the shoreline with the purpose of separating the earth from the water and protecting the earth by its imperviousness to water, having the ability to withstand the force of normal wave and tidal action from the seaward side, and having the ability to withstand the force and weight of the elevated earth on the landward side.
SEMITRAILER. A device designed to be drawn by a truck tractor to transport persons or property and constructed so that part of the vehicle’s weight and load rests on or is carried by the motor vehicle.
SITE. One or more or part of a parcel of land utilized for a particular use as herein defined.
STORY. The portion of a building, other than basement, included between the surface of any floor and the surface of the floor next above it; or if there is no floor and the ceiling next above it.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than 60% of the floor area is finished off for use. A HALF STORY may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
STORY, STANDARD. A story not exceeding ten feet in distance between the floor and ceiling immediately above.
STREET. The width between the boundary lines of a publicly maintained way any part of which is open to the public for motor vehicle traffic.
STRUCTURES. Anything constructed or erected, the use of which requires permanent location on the ground.
STRUCTURAL ALTERATIONS. Any change in structural members of a building, such as bearing walls, columns, beams or girders.
TOWNHOUSE. A single-family dwelling unit constructed in a series or group of attached units with property lines separating the units.
TRAILER. A device designed to be drawn by a motor vehicle and to transport persons or property.
TRAVEL TRAILER. A structure, transportable in one section, which is eight body feet or less in width and is less than 32-body feet in length, and which is built on a permanent chassis, and designed to be used as a mobile dwelling without permanent foundation, and may or may not be connected to the utilities systems contained therein.
TRAVEL TRAILERS, CAMPING TRAILERS and FIFTH WHEEL TRAILERS. Vehicles designed as living quarters for temporary recreation, camping or travel use, which do not have their own motor power, but are designed to be drawn by another vehicle.
TRUCK CAMPER. Any unit primarily designed as temporary living quarters for recreation, camping, or travel use, which is capable of being occupied and designed to be temporarily attached to the bed or frame of a truck.
WATER FRONTAGE. A residential, commercial or industrial property that fronts or abuts (rear or side) a navigable water source accessible to the Laguna Madre Bay or Intracoastal Canal.
YARD. An open space on the same lot with a building unobstructed from the ground upward.
YARD, FRONT. The open area extending from the front of the lot between the side lot lines and being the minimal horizontal distance between the right-of-way fronting the lot and the front wall of the building, other than the projection from the front of the building of steps, unenclosed porches or entrance ways not exceeding five feet in length.
YARD, REAR. The open area extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear wall of the main building, other than the projection from the rear of the building of steps, unenclosed porches or entrance ways not exceeding five feet in length.
YARD, SIDE. A yard between the main building and the side line of the lot extending from the front lot line to the rear lot line.
(Ord. 605, passed 1-25-2000; Ord. 605-G, passed 3-8-2011; Ord. 605-H, passed 3-12-2013)