The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means a subordinate building, located on the same lot as the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the property.
means a use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use.
means a subordinate use or structure customarily incident to and located on the lot occupied by the main use or structure and conforming with setback and other regulations concerning location.
means a written administrative directive discussed at a public meeting and officially adopted by a majority vote of the board of commissioners.
has the meaning assigned by the Texas Alcoholic Beverage Code.
means a minor public right-of-way which is used primarily for vehicular and utility service access to the backs or sides of properties otherwise abutting on a public street.
means a room or suite of rooms located in a building with other such rooms or suites arranged, designed, or to be occupied as a residence by a family. (See Dwelling unit.)
See Dwelling, multiple.
means recreational uses which are an integral part of a common ownership or associated or high density residential development (example: homeowners' association with a private club or facility).
means an architect, builder, developer or other person empowered to act on behalf of such persons.
means an establishment where alcoholic beverages are sold for on-premises consumption, other than a restaurant as defined in this section.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below, except for new base stations that are not eligible for Section 6409, need not be existing at the time of the application, nor does subsection 138-1.A(a)1.c. apply to a new base station.
means a building other than a hotel where lodging and meals are provided for compensation.
means a structure exceeding 120 feet in height, with or without guide wires, used to transmit and/or receive commercial radio or HDTV television signal. This does not include any telecommunication facilities or personal wireless service facility used for wireless communications.
means any structure designed to be built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind. The word "building" includes the word "structure."
is an establishment that allows patrons to bring alcoholic beverages onto the premises for possession and consumption, excluding a residence, an establishment operated by a governmental entity, a private club permitted pursuant to V.T.C.A. Alcoholic Beverage Code, Ch. 32, or a fraternal organization or veteran's organization as defined by the Texas Alcoholic Beverage Code.
means a permit issued pursuant to this chapter to operate a BYOB establishment.
A portable self-contained mobile facility moved to a location and set up to provide wireless services on a temporary or emergency basis.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below, except for new towers and base station that are not eligible for Section 6409, need not be existing at the time of the application.
A design elements of any tower, base station or transmission equipment that allows it to be integrated as an architectural feature of a tower or base station or so that it is not readily apparent to a casual observer. It may be screened, disguised, concealed or otherwise camouflaged as a natural structure, structure or part of a structure so that it is not easily recognizable from other natural structures.
means a use which may be suitable in certain locations in a zoning district if developed and operated under specific conditions and/or for a limited period of time.
means the mean horizontal distance between the front and rear lot lines. (See definitions of Front and Rear lot lines.)
means a section of the city for which the regulations governing the areas, heights or uses of buildings are uniform.
means any building or portion thereof which is designed for or used primarily for residential occupancy, but not including hotels, boardinghouses or mobile homes.
Single-family
means a building designed for and/or occupied exclusively by one family as a separate dwelling unit.
Duplex
means a building designed for and/or occupied exclusively by two families living independently of each other.
Triplex
means a building designed for and/or occupied exclusively by three families living independently of each other.
Fourplex
means a building designed for and/or occupied exclusively by four families living independently of each other.
Multiple
means a building designed for and/or occupied exclusively by five or more families living independently of each other.
The determination of whether one family is living independent of another is based on one or more of the following criteria: separate sanitary facilities; separate kitchen facilities; separate entrances; or separate utilities. |
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below.
has the same meaning as it does in section 130-1 of the McAllen Code of Ordinances.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below.
means one or more persons living together as a single housekeeping unit with common sanitary and kitchen facilities.
means a building or premises used for storage, repair, rental or servicing of motor vehicles.
means an accessory building, attached or detached, designed or used for the storage of motor-driven vehicles owned and used only by the occupants of the building to which it is accessory.
means an accessory building designed for the temporary occupancy of guests of the primary dwelling for which there is no remuneration. "Maids' quarters" means a portion of a dwelling unit, within the same enclosure and not a separate accessory building attached to the primary building, that may contain separate sanitary and/or kitchen facilities which is designed for or used for residential occupancy by an employee of the primary residence.
means, for a building or portion of a building, the vertical distance from grade to the highest point of the coping of a flat roof, the deckline of a mansard roof, and the mean height level between eaves and ridge for hip, gable or gambrel roofs. In measuring the height of a building, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, mechanical rooms, tanks, water towers, radio towers, television antennas, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height. Heights authorized in this chapter are subordinate to the airport zoning ordinance, appendix A.
means an activity carried on by a member of the immediate family, residing on the premises, that meets the provisions of subsection 138-118(a)(1).
means a building occupied as a temporary abiding place of individuals at which parking may be conveniently located at each unit and where there are more than six sleeping rooms provided for compensation.
means a nonprofit or for-profit organization or building of a public or charitable character, educational facilities, places of worship, cemeteries, or agencies of government.
means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.
means an undivided tract or parcel of land having frontage on a public street, and which is, or in the future may be, offered for sale, conveyance, transfer or improvement, which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record. The word "lot" includes the word "plot."
Corner lot
means a lot abutting upon two or more public streets at their intersection.
Building coverage
means percentage of the lot that is occupied by the ground area of a building and its accessory buildings.
Lot, double frontage
means a lot abutting on two nonintersecting public streets as distinguished from a corner lot.
Lot lines(1) (2) (3)
means the lines bounding a lot as defined in this section.
Front lot line
means the property line between the front yard and the contiguous street right-of-way boundary.
Rear lot line
means the property line between the rear yard and the adjacent property or right-of-way, and contiguous with the legal boundary of such use.
Side lot line
means the property between two adjacent lots or between the side yard and the contiguous street right-of-way boundary on corner lots.
means a parcel of land which is part of a subdivision, the map or plat of which has been recorded in the office of the county clerk; or a tract of land not a part of an urban or town lot subdivision, the deed of which has been recorded in the office of the county clerk prior to October 15, 1973, which has not been divided since recording.
means the space entirely on private property required for maneuvering vehicles in such a manner as to preclude the backing of any vehicle into any street right-of-way.
means a movable or portable dwelling originally constructed to be towed, on its own chassis, by a motor vehicle over public roads.
means a unified development of five acres or more for mobile homes arranged on a tract of land owned by an individual or a single business entity for the purpose of renting or leasing lots, and meeting the requirements of chapter 122, article II of this Code.
means a unified development of five acres or more for mobile homes arranged on a tract of land in such a manner as to provide an individual lot (see definition of Lot) for each of the mobile homes.
means a dwelling unit in which more than 50 percent of the structure is constructed at other than the construction site, brought to the site in modules, and set on a permanent foundation.
means an establishment whose primary activity is the provision of facilities for dancing, including a dance floor and live entertainment or amplified music. Such establishment may or may not provide on-premises consumption of alcoholic beverages. Schools of dance are exempted from this definition.
means an addition to a structure designed to enhance the appearance of the structure, in compliance with all of the following criteria:
Any space occupied by or enclosed by the ornamental feature should not be included in or made a part of the air conditioned, heated, or enclosed portion of the structure;
The feature should serve no purpose or function for the structure other than ornamentation. The building should be equally functional without the feature as with the feature; and
The feature shall extend no further than 24 inches into a required yard.
means a space used exclusively for the parking of vehicles and where no other business is conducted.
means an area, not closer than six feet from the back edge of the curb, the width and length of which shall exceed by a minimum of two feet the dimensions of the type of vehicle normally to be parked in the space, and connected with a street or alley by a driveway affording satisfactory ingress and egress. The minimum dimension of a parking space shall be in accordance with the city off-street parking requirements in article VII of this chapter.
As defined in 47 U.S.C. § 332(c)(7).[1]
As defined in 47 U.S.C. § 332(c)(7).[2]
means and includes a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity, and which comply with the Planned Unit Development provisions of chapter 134, article IV of this Code.
means a temporary building that does not have a foundation and is transportable.
means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly in control of the same person.
means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer and, when factory-equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding state maximums.
means any building, either portable or constructed onsite, utilized for storage purposes and not requiring plumbing and electrical wiring, and not used for living quarters.
means a building or portion of a building where the primary business is the on-premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of such kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions:
At least 51 percent of the gross income shall be derived from the sale of prepared food.
Any outside entrances, outside separate identification, outside signs or other separate advertising for lounge or bar areas shall be permitted only as an accessory or secondary feature of the restaurant.
Live entertainment may be permitted.
Whenever the director of planning on the basis of a sworn complaint from any person determines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the city, within 30 days of notification, a verified audit for each quarter of the calendar year, showing the gross income derived from the sale of food.
means the sale of goods directly to a consumer; engaged in, pertaining to or relating to the sale of merchandise at retail; or selling by individual items, or by the piece, directly to a consumer.
means a dividing line between a lot, tract or parcel of land and the public right-of-way.
means a name, identification, image, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs or parts. Included in this definition are the following signs:
Animated sign, meaning a sign with action or motion, flashing color ranges requiring electrical energy, electronic or manufactured sources of supply, but not including wind-actuated elements such as flags, banners or special items.
Directional sign, meaning a sign containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly or privately owned natural phenomena; historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation deemed to be in the interest of the traveling public and having statewide or regional significance.
Freestanding sign, meaning a sign which is supported by one or more columns, uprights or braces in or upon the ground.
Illuminated sign, meaning a sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs and reflectorized, glowing or radiating signs.
Nameplate, meaning a sign attached to a building not more than one square foot in area identifying the owner or lessor, and his title or occupation.
Off-premises sign, meaning a sign, including the supporting sign structure, which directs the attention of the general public to a business, service or activity not usually conducted or a product not usually offered or sold upon the premises where such a sign is located. None of the following shall be deemed an off-premises outdoor advertising sign:
Official signs, meaning directional and other official signs authorized by law, including signs pertaining to natural wonders and scenic and historic attractions, and signs which have as their purpose the protection of life and property.
On-premises sign, meaning a sign which directs the attention of the general public to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted at, services rendered, goods sold or produced on the premises, name of the business, and name of the person occupying the premises.
Political sign, meaning any sign whose sole purpose is the transmittal of information concerning an upcoming political issue or campaign, or a public issue of potential concern to the community as a whole.
Portable sign, meaning a freestanding and movable sign designed to be temporary and mobile. This definition includes signs attached to trailers, but does not include signs permanently placed on the sides of motor vehicles.
Private directional sign, meaning a sign not erected by or under authority of any governmental agency, which contains only information designed to direct pedestrian or vehicular traffic and which contains no advertising material or a business name. Examples of private directional signs include signs bearing only the word "entrance" or "exit" located on or near a parking lot. No sign which contains the name of a business or activity or any other advertising material shall be considered a private directional sign, even though such sign may also contain the word "entrance" or "exit." A sign containing the word "parking" at any parking lot where any person is charged any fee or other monetary consideration for parking shall be considered an advertising sign, not a private directional sign.
Real estate sign, meaning any sign smaller than three feet by four feet, temporarily advertising the sale or lease of the property upon which it is located, or any permanent sign affixed to a gate or entryway advertising only the name and address of a subdivision, apartment complex or residential district.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below.
means a public or private thoroughfare which affords the principal means of access to abutting property, excluding alleys.
means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
means anything constructed, erected or artificially built up; or composed of parts and joined together in a permanent manner.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below.
See Hotel or motel.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below, except for new towers that are not eligible for Section 6409, they need not be existing at the time of the application.
means a single-family dwelling unit constructed in a series or a group of units having common walls, each on a separate lot.
is any transport vehicle used as a common carrier with a rated passenger capacity minimum of eight, excluding the driver position, with provisions for safe seating of adult passengers.
means a facility for the provision of passenger services for transit vehicles such as ticketing, baggage check-in and claim areas, restrooms, lockers and waiting areas; and transit vehicles services such as bus bays for passenger loading and layover parking, interior bus cleaning and non-mechanical repair services.
As defined in section 138-1.A - Eligible facilities request (Section 6409) Definitions, below.
means a motor vehicle traversing the public streets of the city used in the operation of a common carrier.
means the sale of commodities for the purpose of resale, as to retailers or jobbers rather than to consumers directly; opposed to "retail." Of, pertaining to, or engaged in sale at wholesale.
means an open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in the definitions of "yard" set out in this section. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
Front yard
means a yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the right-of-way line and wall of the main building or any projections thereof other than projections of the usual uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except where corner lots may be square in dimension and/or have double frontage, in which case the front yard shall correspond to the lot's side adjacent to the longest block face in which it occurs and to which the majority of the existing structures front.
Rear yard
means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than projections of uncovered steps, uncovered balconies or uncovered porches. On all lots, the rear yard shall be in the rear of the front yard.
Side yard
means a yard between the main building and the side line of the lot, and being the minimum horizontal distance between a side lot line and the sides of the main buildings or any projections thereof.
(1966 Code, § 32-2; Ordinance 1996-8, § I, adopted 1/22/1996; Ordinance 1996-70, § I, adopted 11/18/1996; Ordinance 1998-68, § 1, adopted 2/27/1998; Ordinance 1999-69, § 1, adopted 8/9/1999; Ordinance 2004-15, § 5, adopted 2/9/2004; Ordinance 2015-38, § II, adopted 5/11/2015; Ordinance 2022-130, § I, adopted 10/24/2022)
[1]
Editor’s note—47 U.S.C. § 332(c)(7)(C) Definitions. For purposes of this paragraph—(i) the term "personal wireless services" means commercial mobile services [cellular service], unlicensed wireless services, and common carrier wireless exchange access services..."; 47 U.S.C. § 332(d)...(1) the term "commercial mobile service" means any mobile service (as defined in section 153 of this title) that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission;..."
[2]
Editor’s note—47 U.S.C. § 332(c)(7)(C) Definitions For purposes of this paragraph... (ii) the term "personal wireless service facilities" means facilities for the provision of personal wireless services..."