§ 3-3. General definitions

The following are general definitions that, when used in this ordinance, shall have the meaning respectively ascribed to them in this section, unless the context of this ordinance clearly indicates otherwise. These definitions do not include the definitions of uses as listed in the permitted use table, section 3-1. Definitions for uses listed in the permitted use table are provided in section 3-4, Land use definitions and explanations. Definitions that pertain to other sections of this ordinance are provided in those specific sections.

Abutting. Shall mean to physically touch or border upon; or to share a common border, boundary, or property line but not to overlap.

Adjacent. Shall mean to be near or close to but not necessarily touching. Lot lines separated by a street, utility, drainage, railroad, or other public use right-of-way shall be considered to be adjacent.

Accessory structure. The outside measurement of all roofed area and supporting structural elements of construction for any accessory building. Constructed of conventional commercial kits or conventional wood framed construction meeting the requirements of the city building code as adopted by the City of McLendon-Chisholm.

Administrative official. The individual charged with the administration and enforcement of this ordinance, or his duly authorized representative.

Alley. A public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

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 be counted as a story in computing building height.

Block. An area enclosed by streets and occupied by or intended for buildings; or if 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 the said side.

Board. The board of adjustment.

Breezeway. A covered passage one story in height and six feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building.

Building. Any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire each portion so subdivided may be deemed a separate building.

Building line. A line parallel or approximately parallel to the street line at a specific distance there from marking the minimum distance from the street line that a building may be erected.

Cellar. A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of occupancy. An official certificate issued by the city through the administrative official which indicates conformance with or approved conditional waiver from the building or zoning regulations and authorizes legal use and occupancy of the premises for which it is issued.

City council (council). The governing body of the City of McLendon-Chisholm, Texas.

Court. An open, unoccupied space bounded on three or more 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.

Density. The number of dwelling units permitted per net acre of land. A net acre of land does not include portions of streets or alleys.

District. A section of the City of McLendon-Chisholm for which the regulations governing the area, height, or use of the land and buildings are uniform.

Dwelling unit. A building or portion of a building which is arranged, occupied or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping.

Easement. A grant of one or more property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

Family. Any number of persons living together as a single non-profit housekeeping unit in which not more than four individuals are unrelated by blood, marriage, or adoption.

Notwithstanding the definition in the preceding paragraph, a family shall be deemed to include five or more persons not within the second degree of kinship, occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Fence. An open or solid enclosure designed to contain or prevent intrusion. An open fence is one in which the vertical surface thereof is not less than 70 percent open. A solid fence is one in which the vertical surface thereof is not greater than 30 percent open, and may be considered as a screening element. (See also screening element.)

Flood plain. Any land area susceptible to being inundated by water from any source.

Floodway. The channel, river, or other watercourse and the adjacent land area that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

Floor area. The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, carports, or garages.

Floor area ratio (FAR). An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area.

Glare. A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

Grade. The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

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 the highest point of the roof's surface if a flat surface;

• To the deck line of mansard roofs; or

• To the mean height level between eaves and ridge 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 feet in height.

If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Impervious coverage. Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land.

Infrastructure. The essential facilities such as water, sewers, streets, highways, public utilities, libraries, parks, police and fire services, and other facilities related to the protection of the health, safety, and general welfare.

Landscaping. Live plant material including grass, shrubs, trees, and flowering plants as required by section 6-10 Landscape regulations.

Loading space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot. A parcel of land, which is shown, on an approved plat recorded in the Tarrant County plat records.

Lot diagram

Lot area. The area of the horizontal plane bounded by the vertical planes through front, side, and rear lot lines.

Lot, corner. A lot abutting upon two or more streets at their intersection.

Lot coverage. The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot depth. The horizontal mean distance between the midpoint of the front and the midpoint of the rear lot lines.

Lot, flag. A lot with access provided to the bulk of the lot by means of a narrow corridor.

Lot, interior. A lot that is other than a corner lot.

Lot, key. A corner lot that has the rear yard of two or more adjacent lots abutting the side lot line of two or more of the side lots.

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

Lot line, front. The boundary between a lot and the street on which it fronts.

Lot line, rear. The boundary line not intersecting a front lot line which is most distant and most closely parallel to the front lot line.

Lot line, side. Any lot boundary line not a front or rear line thereof.

Lot, through. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Such lot(s) shall provide a front yard on each street.

Lot width. The width of a lot at the front building line.

Main (principal) building. The building or buildings on a lot which are occupied by the primary use.

Masonry. That form of construction composed of brick, stone, or decorative split face block or combination of these materials laid up unit by unit and set in mortar with a natural finish. (Masonry does not include exterior insulated finish systems [EIFS]).

Nonconforming building. A building which legally existed prior to the adoption, revision, or amendment of this ordinance but that does not meet the limitations on building size or location on a lot for the district in which the building is located, or for the use being made of the building.

Nonconforming lot. A lot which was in compliance with applicable regulations prior to the adoption, revision, or amendment of this ordinance, but which fails by reason of adoption, revision, or amendment to conform to the lot requirements for the district in which it is located.

Nonconforming use. A use of land which legally existed at the time of the effective date of this ordinance, or subsequent amendments thereto, which does not conform to the use regulations of the district in which it is situated.

Occupancy. The use or intended use of the land or buildings by proprietors or tenants.

Open space. Area 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 or porches.

Parking space, off-street. For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be within any public street, alley, or right-of-way, and so that any automobile may be parked and un-parked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room shall be estimated at 300 square feet for residential uses and 400 square feet for nonresidential uses; but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements in this ordinance are provided, maintained, and improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city. All required off-street parking spaces shall be provided and maintained wholly within private property lines and not within any public highway, street or alley right-of-way.

Planning and zoning commission (commission). The planning and zoning commission of McLendon-Chisholm, Texas.

Plat. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the planning and zoning commission. Reference to a final plat in this ordinance means an official plat of record which has been approved by the planning and zoning commission and filed in the plat records of the county in which the property lies.

Premises. Land together with any buildings or structures occupying all or any portion of the land.

Private drive, street, or place. An open, unoccupied space, other than a street or alley, permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon.

Property line. (See lot line).

Residence. Same as a dwelling; also when used with the word "district," an area of residential regulations.

Room. A building or portion of a building, which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

Screening element/device. Screening element (device) or suitably screened as herein referred, shall mean any of the following:

Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood, or base which supports a permanent type material, the vertical surface of which is not more than 30 percent open; or

Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition;

Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge or other dense planting material.

Semi-trailer. A vehicle designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests on or is carried by another vehicle.

Setback, building. The minimum horizontal distance between the front wall of any projection of the building (excluding steps) and the street line. (Same as building line.)

Special exception. A use that would not be generally appropriate without restriction throughout the zoning district, but which, if controlled as to number, area, location, intensity, or relation to the neighborhood, would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted as special exceptions by the board of adjustment, after public hearing thereon. See Article 3 Board of Adjustment.

Specific use. The use of any building, structure, or land not specifically allowed by district regulations, but permitted as a specific use in accordance with section 6-2, Specific use permits.

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 the highest floor thereof. A top 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 above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level.

Street. A public way between two right-of-way lines (other than an alley or private drive) which has been dedicated or deeded to the public for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks.

Street line. The right-of-way line of a street.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings and mobile homes.

Structural alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the city building code.

Thoroughfare. Those public streets designated on the City of McLendon-Chisholm Thoroughfare Plan as "thoroughfares".

Trailer. A vehicle that is designed or used to carry a load wholly on its own structure; and is drawn or designed to be drawn by a motor vehicle.

Vehicle. As used herein shall include motor vehicle, motorcycle, trailer and semi-trailer.

Variance. A variance is a relaxation by the board of adjustment of the dimensional regulations of the zoning ordinance, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions or the situation of the applicant, a literal enforcement of the zoning ordinance would result in unnecessary and undue hardship. See Article 3, Board of Adjustment.

Yard, front or street. A yard across the full width of the lot extending from the building line to the front line of the lot abutting a street. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

Yard, rear. A yard between the rear lot line and the rear line of the main building and the side lot lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Yard, side. A yard between the building and the sideline of the lot and extending from the front yard to the required minimum rear yard. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line.

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 the zoning ordinance.