§ II. Definitions.

For the purpose of this ordinance, the following words and phrases shall have the following meanings:

(1)

Accessory building and use: A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

(2)

Alley: A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.

(3)

Building: The word building shall include the word structure; any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. Structure shall also include an oil or gas well and/or drilling equipment as defined by this ordinance.

(4)

Building, height of: The vertical distance from the grade (elevation of the curb, sidewalk or 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.

(5)

Drilling : Digging or boring a new well for the purpose of exploring for, developing or producing oil, gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth.

(6)

Drilling equipment: The derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.

(7)

Dwelling: Any building or portion thereof designed and used exclusively for residential purposes.

(8)

Dwelling, single-family: A building designed for or occupied exclusively by one (1) family as a residence.

(9)

Dwelling, two-family or duplex: A building designed for or occupied by two (2) families, living independently of each other, for residential purposes.

(10)

Dwelling, multiple: A building designed or occupied exclusively by three (3) or more families, living independently of each other, for residential purposes.

(11)

Family: One (1) or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodginghouse, or hotel as herein defined.

(12)

Filling station or service station: Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, or retail store, the premises is classified as a public garage or retail store.

(13)

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 (1) of the vehicles may be a commercial vehicle of not more than three (3) tons capacity.

(14)

Garage, public: A garage other than a private garage where motor vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

(15)

Gas well or oil well: Any well drilled, to be drilled, or used for the intended or actual production of oil, natural gas or other hydrocarbons.

(16)

Home occupation: Any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of a retail business, and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his or her private dwelling. Home occupations shall include, in general, personal services such as furnished by an architect, lawyer, physician, dentist, musician, artist, and seamstress, when performed by the person occupying the building as his or her private dwelling and not including a partnership or the employment of more than one (1) assistant in the performance of such services.

(17)

Hotel: A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodging-house, or an apartment house.

(18)

Lodginghouse, boardinghouse: A building other than a hotel where lodging and/or meals for three (3) or more persons are provided for compensation.

(19)

Lot: A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one (1) main building together with its accessory building, open spaces, and parking spaces required by this ordinance, and having its principal frontage upon a street.

(20)

Lot, corner: A lot abutting upon two (2) intersecting streets at their intersection.

(21)

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

(22)

Lot width: The mean horizontal distance measured at right angles to its depth.

(23)

Lot of record: A lot or parcel of land, the deed to which has been recorded in the office of the county clerk of Dimmit County, Texas, prior to the adoption of this ordinance.

(24)

Nonconforming use: Any building or land lawfully occupied by a use at the time of passage of this ordinance which does not conform with the regulations of the district within which it is located.

(25)

Parking space: An area enclosed or unenclosed containing not less than one hundred sixty (160) square feet exclusive of the driveways connecting said space with a street or alley. Said parking space and connecting driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile.

(26)

Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

(27)

Street: A public thoroughfare which affords the principal means of access to abutting property.

(28)

Structure: Anything constructed or erected, the use of which requires permanent location on the ground.

(29)

Structural alteration: Any change in structural members of a building, such as walls, columns, beams or girders.

(30)

Tourist court: (Auto courts, motels, or motor lodges). A group of attached, semidetached, or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists, or transients, with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer term rental rates, and maintaining a register of guests and/or their vehicles.

(31)

Trailer camp or trailer coach park: Any lot or parcel of land which is used or offered for the accommodation of one (1) or more trailers which are used for living, sleeping, business, or storage purposes.

(32)

Yard: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. 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 horizontal distance between the lot line and the main building shall be used.

(33)

Yard, front: A yard extending across the front of a lot between the side yard lot lines, and being the minimum horizontal distance between the road line and the main building or any projection thereof, other than the projection of the usual steps, terraces, unenclosed porches or entranceways.

(34)

Yard, rear: A yard extending across the rear of the lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.

(35)

Yard, side: A yard between the main building and the side line of the lot and extending from the front lot line to the rear lot line.

(Ord. No. 707, § I, 12-13-2011)