The following words and the terms appearing in this article shall have such meaning as herein set out:
Accessory building: In a residential or multifamily dwelling district, an accessory building shall be a subordinate building, attached to or detached from the main building, and the accessory building shall not have separate utilities and shall not be rented or leased. In a residential or multifamily dwelling district, an accessory building may contain accessory quarters, a washroom, a storage room for domestic storage only, and an accessory building may also be used for other purposes which are customarily incidental to the main structure such as a private garage for automobile storage, tool house, home workshop or greenhouse as hobbies only, children’s playhouse, storage house, or garden shelter. In any other district, an accessory building shall be a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
Accessory quarters: An accessory building or portion of a main building located on the same lot as the main building and used as living quarters by the owners of the lot, the immediate family of the owners of the lot, or a domestic employee. The accessory quarters shall not be rented or leased. A mobile home shall not be used as an accessory quarters.
Accessory use: A use subordinate to, incidental to, and customarily associated with the primary use of the main building or the primary use of the premises. An accessory use may be permitted in a district in which it is not listed as permitted provided that it is operated in association with and subordinate to a permitted primary use.
Alley: A public space or right-of-way which affords only secondary means of access to property abutting thereon.
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.
Apartment: A room or suite of rooms in a multifamily dwelling or apartment house arranged, designed or occupied as a place of residence by a single family, individual or group of individuals.
Apartment house: Any building or portion thereof, which is designed, built, rented, leased, or lot [let] to be occupied as five (5) or more dwelling units or apartments or which is occupied as a home or place of residence by five or more families living independently of each other and maintaining separate cooking facilities.
Area of the lot: The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.
Art gallery or museum: An institution for the collection, display or distribution of objects of art or science, and which facility is open to the general public.
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.
Bed and breakfast establishment: A private home in which lodging for one or more nights and breakfast are provided by the resident for compensation. (See Section 22, Special Use Permit Requirements)
Block: An area within the city enclosed by streets and occupied by or intended for buildings, or, if said word is used as 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.
Board: Zoning board of Adjustment as provided in Section 26.
Boardinghouse, rooming house, or lodging house: A building other than a hotel, motel, or bed and breakfast establishment where lodging and meals for five (5) or more persons are served for compensation. Boarders or lodgers typically stay for one week or longer.
Breezeway: A covered passage typically one (1) story in height connecting a main structure and an accessory building.
Buffer: Landscaping, fencing, separations, barriers, natural topography, natural vegetation, or any combination thereof which may be required between land uses to minimize or mitigate conflicts between them or to mitigate factors which may be considered to be obnoxious, offensive, or a nuisance to the public. See Section 29.
Building: Any structure built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind. When subdivided in compliance with the Building Code in a manner sufficient to prevent or significantly retard the spread of fire, each portion so subdivided may be deemed a separate building.
Building ends: Those sides of a building typically having the least dimension as compared to the front or rear of a building, and in which doors or openings are not customarily provided for ingress and egress. As used herein for the building spacing regulations for multifamily dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.
Building line: A line parallel or approximately parallel to the street line at a specified distance, such distance being the closest distance to the street line that a building may be erected. If a building line has been established on an approved plat which is more restrictive than the requirements of this ordinance, that line shall take precedence.
Business: Includes retail, commercial and manufacturing uses and districts as herein defined, or uses listed as permitted in the C-1, C-2, C-3, I-1, or I-2 Districts.
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 and compliance: An official certificate issued by the city through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.
Church or rectory: A place of worship and religious training of recognized religions and may include the on-site housing of ministers, rabbis, priests, nuns and similar staff personnel.
Class or classification of building or uses: A class of buildings or uses shall be determined based on activities which are first listed as permitted in a zoning district. For example, the class of uses for the C-2 district consists of all of the activities which are listed as permitted for the first time in the C-2 district, which includes most retail activities. Residential or office uses would not be included in this class of uses because they are first listed as permitted in other zoning districts. In some cases, building code or life safety code requirements may take precedence over the zoning ordinance in determining the class or classification of a building or use.
Clinic; medical: An institution, station, office, or group of offices for the examination and treatment of ill and afflicted outpatients.
College or university: An academic institution of higher learning, accredited or recognized by the State and offering a program or series of programs of academic study.
Community center; public: A building and grounds owned or operated by a governmental body for the social or recreational use, health or welfare of the community served.
Convalescent center or home: Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities or age.
Country club; private: An area of twenty (20) acres or more containing a golf course and/or 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.
Court: An open, unoccupied space bounded on more than two (2) sides by the walls of the building. An inner court is a court entirely surrounded by exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanently open space.
Curb level: The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest. Where no curb has been established, the City shall authorize and approve the establishment of such curb or its equivalent.
Day camp: A facility arranged and conducted for the organized recreation and instruction of children, including outdoor actives [activities], on a daytime basis.
Depth of lot: The mean horizontal distance between the front and rear lot lines.
District: A section of the City of Atlanta for which the regulations governing the area, height or use of the land and buildings are uniform.
Duplex: Any building or portion thereof which is designed, built, rented, leased, or lot [let] to be occupied as two (2) dwelling units or apartments or which is occupied as a home or place of residence by two families and not more than four (4) boarders or lodgers (two (2) per family) living independently of each other and maintaining separate cooking facilities.
Dwelling unit: A building, portion of a building, room, or rooms which is arranged, occupied, or intended to be occupied as living quarters by a family, individual, group of individuals, or a combination thereof.
Electrical substation: An electrical facility consisting of transformers and associated equipment having a primary purpose of reducing the transmission voltage of a bulk electrical power source for distribution to specific areas within the City. Where applicable, an electrical substation shall meet the requirements set forth in Section 22 of this Chapter[.]
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.
Farm: An area of two (2) acres or more, which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain and their storage on the area, and/or the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine including dairy farms with the necessary accessory uses, and for treating and storing the produce; provided however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided that it does not include the commercial feeding of offal or garbage to swine or other animals, any type of agricultural or husbandry specifically prohibited by ordinance or law, or commercial riding stables[.]
Farm accessory building: A structure, other than a dwelling, on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animals or crops[.]
Flea markets: 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.
Flood Plain: Flood plain means that within a one-year period flooding might not occur at all or it might flood several times.
Floor area: The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages.
Fraternity, sorority, lodge or membership association: Membership associations shall mean fraternities, sororities, social organizations or any other association of persons, whether unincorporated or incorporated under the laws of the State of Texas, for the promotion of some common object or purpose, to which membership is by invitation only and entrance to its meeting place is permitted only to members and their invited guests, and specifically excluding private clubs or other organization in which alcoholic beverages are sold, stored, possessed or consumed at its meeting place or on the premises thereof. The term “alcoholic beverage” as used herein shall mean alcohol and any beverage containing more than one-half of one percent (1/2 of 1%) of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted; and the term premises shall mean the grounds as well as all buildings and appurtenance pertaining thereto, and shall also include any adjacent premises, if directly or indirectly under the control of such organization or association.
Front yard: 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 or street line with the minimum horizontal distance between the street line and the main building line as specified in Section 23 for the district in which it is located.
Garage sale: The sale of various items of new or used personal property displayed by the owner or owners in an attached or detached garage or building in a residential neighborhood and owned by one of the sellers. The display and sale of these items shall continue for no more than three (3) consecutive days.
Golf course; commercial: A golf course, privately owned but open to the public for a fee and operated as a commercial venture.
Grade: For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having ways adjoining more than one street, it is the average of the elevation of the sidewalks at the center of the walls adjoining the street; for buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior walls of the building; any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street[.] Where no sidewalk has been constructed, the City shall establish such sidewalk level or its equivalent for the purpose of these regulations.
Gross floor area: The gross floor area of a building shall be measured by taking the outside dimensions of the building at each floor level. In the case of a residential building, the floor area of cellars or attics not used for residential purposes shall be excluded.
Group care home: A facility which provides room, board, care and supervision to children or adults exclusive of a family unit of individuals related by blood, marriage or adoption, on a twenty-four (24) hour a day basis. Such group care facility must be licensed or supervised by an appropriate local or state agency. The presence of not more than two (2) employees, supervisors, managers, administrators, or care providers at any given time shall be permitted on the premises.
Halfway house: A non-medical residential facility providing living facilities (either with or without board), recreational, counseling and other rehabilitative services to individuals of either sex who require specialized attention and care in order to achieve personal independence. The facility must be approved by an appropriate local and/or State agency.
Height: The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher or, if no street grade has been established, to the highest point of the roofs surface if a flat surface; to the deck line of mansard roofs; and to the mean height level between eases [eaves] and ridge for hip and gable roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height. See also Legal height.
High risk uses: Those uses which present the possibility of bodily injury and/or property damage arising out of an accident or occurrence.
Hobby shop: An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities; from which no revenue may be derived; in which no goods may be publicly displayed, offered for sale, or advertised for sale; nor may any sign be used in connection therewith.
Home occupation: A home occupation is an operation able to be carried on in the home by a member of the occupant’s family without structural alterations in the building or any of its rooms; without the installation of machinery or additional equipment other than that customary to normal household operation; without the employment of additional persons from outside the home; without the use of a sign, except for a one-square-foot nameplate, to advertise the occupation; and which does not cause the generation of excessive traffic in the street.
Hospital: An institution or place where sick or injured inpatients are given medical or surgical care either at public (charity) or private expense, and which is licensed by the State of Texas.
Hotel and motel: A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied singly for hire, and in which there are no provisions for cooking in individual rooms or apartments[.] To be classified as a hotel or motel an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, and use and upkeep of furniture.
Junk or salvage yard: Any land or building where metals, plumbing materials, appliances, vehicles or vehicles parts, rags or paper, machinery or similar items or material are kept, salvaged, processed, stored, dismantled and/or offered for sale as whole units, as salvaged parts, or as processed material.
Kennel: Any place where five (5) or more dogs, cats or any combination thereof, over the age of four (4) months, are raised, trained, boarded, or harbored or kept. Veterinary clinics, animal hospitals, and animal shelters are specifically excluded.
Kindergarten: A school for children of pre-public school age in which constructive endeavors, object lessons, and helpful games are prominent features of the curriculum.
Laboratory; manufacturing: Operations involving the compounding of products such as perfumes and pharmaceuticals and/or the development and assembly of instruments and similar items.
Legal heights: The maximum height of a building permitted by any airport zoning ordinance or other ordinance restricting the height of structures. See also Height.
Limited self-service gasoline or fuel station: An establishment for the retail sale of petroleum products only (not including automobile accessories, service, or repair) on a customer self-service basis and limited to a maximum of three (3) individual dispensing outlets at any separate station or on any parcel of property.
Liquor store: Facility whose primary purpose is for the sale of beer, wine or liquor not for on-premises consumption. It may include soft drinks and some food items. A liquor store may also be known as a package store.
Living area: The area of a dwelling unit which is intended for occupancy by the residents of the dwelling unit. Living area customarily includes that area of a dwelling unit which is served by heating and air-conditioning equipment. Garages, attached storage areas with outside entrances, porches, covered patios, breezeways, and accessory buildings are not normally included as living area.
Living unit: A building, portion of a building, room, or rooms which is arranged, occupied, or intended to be occupied as living quarters by a family, individual, group of individuals, or a combination thereof.
Local utility line: The facility provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power, telephone services, or cable TV services.
Lot: Land occupied or intended to be occupied by a building and its accessory buildings, and including such open spaces as are required under this article, and having its principal frontage upon a public street or officially approved place.
Lot[,] corner: A lot abutting upon two or more streets at their intersection.
Lot coverage: The percent of lot area which is covered by a roof, floor, other structure and is not open to the sky. Roof eaves to the extent of two (2) feet and ordinary projections including but not limited to fireplaces, windows and door treatments that extend from the exterior walls of the building not exceeding twelve (12) inches shall not be counted in computing coverage.
Lot depth: The mean horizontal distance between the front and rear lot lines.
Lot lines: The lines bounding a lot as defined herein.
Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerks, or a parcel of land the deed for which has been recorded in the office of the County Clerk of Cass County.
Main building: The building or buildings on a lot which are occupied by the primary use.
Mobile home, manufactured home, HUD-code home: A structure 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: A unified development of two (2) or more mobile home spaces or stands arranged on a tract of land under private ownership. A site plan for the mobile home park shall be approved by the Planning and Zoning Commission.
Mobile home subdivision: A unified development of lots for mobile home sites which have been divided for the purpose of individual ownership, and which is governed by the provisions of the subdivision regulations of the City of Atlanta.
Modular home: A structure or building module which is manufactured at a location other than the location where it is installed, 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 as permanent dwelling when installed and placed upon a permanent foundation system. The term includes plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a mobile home as defined in this section; nor does it include building modules incorporating concrete or masonry as the primary structural component. A modular home shall be constructed in keeping with the standards of the Building Codes of the City of Atlanta. A modular home shall be built by an approved company listed in the Building Codes of the City of Atlanta or provisions shall be made at the owner’s expense for inspections to be made of the modular home by the City of Atlanta to ensure its compliance with the Building Codes of the City of Atlanta.
Multifamily dwellings or apartments: Any building or portion thereof, which is designed, built, rented, based [leased] or let to be occupied as five (5) or more dwelling units or apartments or which is occupied as a home or place of residence by five or more families living independently of each other and maintaining separate cooking facilities.
Nameplate: An accessory sign not exceeding one (1) square foot in area showing only the name and/or occupation of the owner or occupant of the premises on which it is erected or placed. A nameplate may not be lighted.
Nonconforming use: A building, structure or use of land lawfully occupied at the time of the effective date of this article or amendments thereto, and 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, tenants, or owners.
Off-Street parking incidental to main use: Off-street parking spaces provided in accordance with requirements specified by this Ordinance and located on the lot or tract occupied by the main use, on an immediately adjacent lot or tract, or on an immediately adjacent lot or tract across an alley or a street; and located within the same zoning district as the main use or a zoning district which would permit the establishment of the main use or a commercial parking lot or structure.
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 projection of comics [cornices], eaves or porches.
Park or aboveground [sic]; public: An open recreation facility or park owned or operated by a public agency such as the Parks and Recreation Department or School Board and available to the general public; or the temporary or seasonal use of open land as a play area or recreation area which is authorized, sanctioned or approved by the City of Atlanta.
Parking lot or garage: An area or structure devoted to the parking or storage of currently licensed vehicles which are in driveable condition.
Parking lot; truck: Facility for parking or storage of currently licensed trucks which are in driveable condition.
Parking space: An area measuring approximately one hundred eighty (180) square feet not on a public street or alley, surfaced with an all-weather surfaced surface or gravel surface, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting unimpeded ingress and egress. It shall not include the parking of trucks or buses for commercial purposes in any dwelling, duplex or apartment district. Head-in parking adjacent to public thoroughfare wherein the maneuvering is done on a public street shall not be permitted[.]
Place: An officially approved open, unoccupied space reserved for purposes of access to abutting property.
Planning and Zoning Commission: The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning, among its other duties as set forth in the Bylaws of the Planning and Zoning Commission and in Section
13 of this ordinance.
A building or portion of a building used for repair, care or servicing of motor-driven vehicles, or where motor-driven vehicles are equipped for operation, or kept for hire or sale, but not including the open storage of trucks, trailers, and vans.
Quadraplex: Any building which is designed, built, rented, leased, or let to be occupied as four dwelling units or apartments or which is occupied as a home or place of residence by four families living independently of each other and maintaining separate cooking facilities.
Radio[,] television or microwave towers: Structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installations for home use of radio or television.
Railroad team track: A siding for spotting and unloading or loading boxcars or other railroad cars and which area is connected to a public street by a drive for access.
Railroad track and right-of-way: Any track or right-of-way for rail service, but not including railroad stations, sidings, team tracks, loading facilities, docks, yards or maintenance areas.
Rear line: The boundary line which is opposite and most distant from the front street line. In case of uncertainty, the Building Official shall determine the rear line.
Rear yard: The required rear yard is 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 having a depth in each district as specified in Section 23.
Recreational vehicle: A vehicle which is not designed to be used as a permanent dwelling, and in which the plumbing, heating, and electrical systems are self-contained and may be operated without connection to outside utilities and which is self-propelled or designed to be towed by a motor vehicle.
Recycling collection facility: A facility designed to collect, sort and package, by manual or mechanical processes, recyclable items for transport to a reprocessing plant. The facility must be operated indoors with no outdoor storage or collection bins, except when located in an I-2 District. The term recyclable item shall mean a waste product which can be processed and used again as raw material in the manufacturing of same or similar products and is not attached or combined with products containing other materials[.] The term “mechanical process” shall mean sorting and packaging by machinery in which the composition of the item remains constant but the shape of the product is altered.
Restaurants: Any eating or drinking establishment where the preparation and serving of food is the primary business of such establishment. The term “primary business” means that the gross receipts from the sale of food exceed fifty (50) percent of the entire gross receipts of such establishment.
Riding academy: A paddock, clubhouse and/or stable for quartering, training and riding horses; the facilities of which are restricted to a specific membership and not available to the general public.
School; business and commercial: A business organized to operate for a prom [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.
School, trade: A business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and similar trades.
Screening, fencing: Sight-barring bushes or fencing with a minimum height of six (6) feet so that the view from adjacent property and from public roads is blocked.
Secondhand merchandise dealers or storage: The keeping, handling, storage or use of furniture, appliances and/or other merchandise or goods for sale or display. Secondhand merchandise is defined as an item which has previously been sold at the wholesale or retail level or previously used by an individual or business.
Service station: An establishment for the retail sale of petroleum products, automobile accessories and/or minor automobile tune-up, muffler installation incidental to the primary use, oil change or other lubricative services in which all services provided and all storage, supplies, parts, equipment and accessories are indoors. This definition shall not include any major automotive repairs or service (engine and transmission overhauls, etc.).
Side line: Any lot boundary line not a front or rear line thereof. A side line may be a part of a lot line, a line bordering on an alley or place, or a side street line. Any lot line not the rear line or a front line shall be deemed a side line.
Side yard: 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.
Single-family dwelling; attached: A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and not more than four (4) boarders or lodgers, and is located on a separate lot delineated by front, side and rear lot lines. Includes townhomes[,] zero lot line homes, patio homes and other similar types of housing.
Single-family dwelling; detached: A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family and not more than four (4) boarders or lodgers.
Stables; commercial: Any structure which is used for the sheltering, quartering, or feeding of animals which are available for use by the public for a fee, and which has a capacity for more than four (4) horses, mules, or other livestock or animals.
Stables; private: Any structure which is used for the sheltering, quartering, or feeding of animals which are available for use only to members of the stables or owners of the animals, and which has a capacity for not more than four (4) horses, mules, or other livestock or animals. Stables shall comply with Chapter
2, Animal Control, of the Code of Ordinances.
An athletic field or stadium owned or operated by a public agency for the general public, including a baseball field, football field or stadium, or similar athletic field.
Story: The height between the successive floors of a building or from the top floor of [to] the roof. The standard height for a story is eleven (11) feet, six (6) inches between floors.
Story, half: A story having an average height of not more than eight (8) feet, covering a floor area of not more than seventy-five percent (75%) of the area of the floor of the story immediately below.
Street: Any thoroughfare or public right-of-way, other than any alley, more than fourteen (14) feet in width, which has been dedicated or deeded to the public for public use.
Street line: A dividing line between a lot, tract or parcel of land and a contiguous street also referred to as the right-of-way line.
Structural alterations: Any change in the supporting member of a building, such as a bearing wall, column, beams or girders, or any change to the floor plan of a building which alters egress routes from within the building.
Swimming pool; commercial: A swimming pool, with or without accessory facilities, which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available to the general public for a fee.
Swimming pool; residential: A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located and fenced in accordance with the regulations of the City of Atlanta. A residential swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.
Tavern, lounge or private club: A tavern or lounge shall mean an establishment, the primary activity of which is the sale or consumption on the premises of beer, wine or other liquors and where food service, if any, is secondary to the sale or consumption of beer, wine and other liquors. Private club shall mean any organization or association of persons, whether unincorporated or incorporated, including fraternal and veteran organizations and an organizations required to be licensed by the Texas Liquor Control Board, which sells, stores, possesses or regularly provides and dispenses or makes available alcoholic beverages at its meeting place or on the premises thereof to its members and their guests regardless of whether or not a fee is charged thereof and regardless of whether or not the dispensation of alcoholic beverages is incidental to or the primary function of the operation of such organization or association. The term “alcoholic beverage” as used herein shall mean alcohol and any beverage containing more than one-half of one percent (1/2 of 1%) of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted; and the term “premises” shall mean the grounds as well as all buildings and appurtenances pertaining thereto and shall also include any adjacent premises, if directly or indirectly under the control of such organization or private club.
Temporary field or construction office: A structure or shelter, subject to removal by order of the Building Official, used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment.
Transition area or district: An area which is located adjacent to or between a major thoroughfare or high traffic volume street or an established business, commercial, or industrial area and an established residential area in which a mixture of activities such as single-family residences, duplexes, apartments, lower intensity and generally inoffensive business, or similar activities occur or can be reasonably expected to occur.
Travel trailer: A structure 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 which is less than eight (8) body feet in width and forty (40) body feet in length in the traveling mode, and which is less than 320 square feet when installed or erected on-site.
Travel trailer parks: A unified development under private ownership designed for transient service on which two (2) or more travel trailers, pickup coaches, and/or self-propelled motorized vehicles are parked situated or used for the purpose of supplying to the public a parking space for such vehicles, regardless of whether or not a charge is made for such accommodations. It shall include any building, structure, tent, vehicle, or enclosure used or intended to be used as a part of the equipment of such park. The site plan for any travel trailer shall be approved by the Planning and Zoning Commission.
Triplex: Any building which is designed, built, rented, leased, or let to be occupied as three dwelling units or apartments or which is occupied as a home or place of residence by three families living independently of each other and maintaining separate cooking facilities.
Used car lot: A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of automobile parts.
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. (See Section 26)
Width of lot: The mean horizontal distance between side lots lines.
Width of side yard: The mean horizontal distance between a side wall of a building and the side line of the lot.
Yard: An open, unoccupied space, other than a court, on the same lot on which a building is situated and which is unobstructed from the ground to the sky, except as provided for roof overhangs and similar special architectural features and plant material.
Yard sale: A sale of various items of new or used personal property displayed by the owner or owners in any portion of a yard, owned by one of the sellers, in a residential neighborhood. The display and sale of these items shall continue for no more than three (3) consecutive days.
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, as provided for in Section
8.
(Ordinance 2017-001 adopted 2/20/17)