§ 52-75. Definitions.

(a)

The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the city council or where the context of this ordinance clearly indicates otherwise.

(1)

"A" district shall mean any land, either zoned A or classified A pursuant to Ordinance No. 209.

(2)

Accessory building or accessory structure shall mean a subordinate building or structure, attached to or detached from the main building, and customarily incidental to the principal building.

(3)

Accessory use shall mean a use subordinate to and incidental to the principal use.

(4)

Airport shall mean a landing facility for aircraft containing a minimum of sixty (60) acres and approved by the United States Federal Aviation Agency.

(5)

Alcoholic beverage shall mean alcohol or any beverage containing more than one-half of one percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.

(6)

Alley shall mean a public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon.

(7)

Amusement park shall mean a lot, tract or parcel of land or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, or any animal, any of which is operated for a profit.

(8)

Apartment shall mean a room or suite or rooms arranged, designed or occupied as a residence by a single-family, individual or group of individuals.

(9)

Apartment house shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.

(10)

Area of lot shall mean the net area of the lot and shall not include portions of streets and alleys.

(11)

Attached shall mean having physical connection above the top of the floor line of the first floor.

(12)

Automotive repair garage. A garage or portion thereof in which automotive repair and maintenance takes place, but excluding the outdoor storage of automotive parts or inoperative automobiles.

(13)

to (27) Reserved for future use.

(28)

Basement shall mean that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.

(29)

Bedroom shall mean a room in an apartment other than a kitchen, dining room, living room, bathroom or closet. This item shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms or similar extra rooms.

(30)

Beverage. See mixed beverage.

(31)

Blind fence or screening fence or wall shall mean a fence or wall through which a person is unable to see standing six (6) feet from such fence or wall at ground level.

(32)

Block shall mean an area within the city enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets which intersect said street on said side.

(33)

Boarding house or rooming house shall mean a building, other than a hotel, where lodging and meals are served for compensation.

(34)

Boarding school shall mean a place of instruction and training where four (4) or more pupils are housed overnight and given the majority of their meals on the premises.

(35)

Breezeway shall mean a covered passage one story in height connecting a main structure and an accessory building.

(36)

Building shall mean any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.

(37)

Building line shall mean a line parallel or approximately parallel to the street line and beyond which buildings may not be erected.

(37.5)

Bus means a motor vehicle designed or used to transport more than twelve (12) persons on the public highway.

(38)

Business service shall mean a commercial use, other than retail sales and professional services, devoted to:

a.

The fabrication, processing, assembly, cleaning, or repair of articles of goods, wares, merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages.

b.

The instruction, training or physical treatment of animals but excluding animal shelters or places where animals are kept on the premises overnight.

c.

The providing of temporary abodes for transient persons, such as a hotel or motel.

d.

The providing of food, drink or entertainment to persons.

(39)

to (58) Reserved for future use.

(59)

Carnival shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.

(60)

Cellar shall mean that portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.

(61)

Church shall mean the place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns.

(62)

Circus shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.

(63)

Clinic shall mean an institution or facilities for examining, consulting with and treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care.

(64)

Club shall mean an association or persons for promotion of some common object, such as literature, science or good-fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises.

(65)

Commence construction shall mean the setting of building foundation piers and beams.

(66)

Commercial shall mean any business, other than a customary home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place.

(67)

Commercial amusement shall mean an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge.

(67a)

Compact vehicle shall mean any automotive vehicle of less than one thousand (1,000) pounds gross weight and having a maximum wheel width of six (6) feet and a maximum wheel length of fourteen (14) feet.

(68)

Convalescent home shall mean any structure other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

(69)

Corner lot shall mean a lot situated at the junction of two (2) or more streets.

(70)

Country club shall mean an area of twenty (20) acres or more containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services.

(71)

Customary agriculture building shall mean a structure for storing or housing the usual products and animals raised or maintained on a farm, such as a barn, poultry house, stable, machinery shed or granary.

(72)

Customary home occupation shall mean an occupation customarily carried on in the home by a member of the occupant's family without structural alteration in the building or any of its rooms and without the installation of machinery other than that customary to normal household operation or additional equipment, provided that no person other than a member of the family of the owner or user of the principal single-family dwelling shall be employed or work in or at such home occupation. A customary home occupation shall not include the physical or medical treatment of persons or animals, professional services, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing or sign painting.

(73)

to (92) Reserved for future use.

(93)

Day nursery shall mean a place where children are left for care between the hours of 6:00 a.m. and 12:00 midnight.

(94)

Depth of front yard shall mean the minimum distance from the front lot line to the front line of a building.

(95)

Depth of lot shall be defined as the mean horizontal distance between the front and rear lot lines.

(96)

Depth of rear yard shall be defined as the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line.

(97)

Detached shall mean having no physical connection above the top of the floor line of the first floor with any other building or structure.

(98)

District shall mean a section of the City of Irving for which the regulations governing the area, height and use of buildings are uniform.

(99)

Drive-in restaurants shall mean a public eating place which has facilities for serving food and beverages to customers in their motor vehicles for consumption on the premises.

(100)

Duplex shall mean a detached building having separate accommodations for two (2) single-family dwellings or occupied by two (2) families.

(101)

Dwelling shall mean an enclosed building or portion thereof having accommodations for only one family or occupied by one family.

(102)

Dwelling accommodations shall mean any of the following improvements within an accessory building in an "R" district: (a) a kitchen, being defined as an area that includes a dishwasher, oven, stove, or range, excluding a non-built-in microwave oven; (b) indoor bathtub or shower facilities, excluding exterior shower facilities associated with a swimming pool; (c) built-in heating, ventilation, or air conditioning system, excluding window air conditioning units and portable space heaters; (d) natural gas service; (e) more than two (2) rooms in the building, however a separately enclosed area with only a toilet and sink will not be counted as a room; or (f) a closet in any room.

(103)

to (120) Reserved for future use.

(121)

Enclosed building shall mean a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally open to the air.

(122)

to (141) Reserved for future use.

(142)

Family shall mean one (1) or more persons who are related to the head of the household by blood, marriage, or adoption and no more than three (3) unrelated persons living together as a single housekeeping unit and occupying a single dwelling with single kitchen facilities on a non-profit, cost-sharing basis. Foster children shall be considered to be related members of the family.

(143)

Farm, ranch, garden, orchard shall mean an area of five (5) acres or more which is used for the growing of usual farm products, vegetables, fruits, trees and grain and their storage as well as the raising of usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms, with the necessary accessory uses for treating and storing the produce, but not including the commercial feeding offal or garbage to swine or other animals.

(144)

First floor shall mean a floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than fifty (50) below grade and the top of the floor being higher than six (6) feet above grade. All floors above the first floor shall be numbered in ascending sequence, starting with the second floor.

(145)

Food shall mean nutriment for human consumption in solid form and beverages which have no alcohol content but the meaning of food shall not include any beverages having any alcoholic content, alcoholic beverage mixes or other ingredients used for the preparation of alcoholic beverages.

(146)

Four-unit apartment house shall mean a detached building containing four (4) single-family attached dwellings.

(147)

Fraternity house shall mean a building used for a meeting place for a men's organization in which maintains sleeping accommodations for its members only or for a portion thereof.

(148)

Front yard shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines.

(149)

through (167) Reserved for future use.

(168)

Garage, front entry shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto is from the front property line.

(169)

Garage, rear entry shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, with access or door facing the side or rear property line, said structure shall be located partially or totally behind any portion of the living area.

(169a)

Garage sale shall mean the sale or offering for sale of more than one article of tangible personal property at retail or wholesale on property which is located in zoning districts R-40, R-15, R-10, R-7.5, R-6, R-PH, R-ZL, R-3.5, R-2.5, R-MF-1, R-MF-2, R-MF-3, R-TH, R-MH or R-XF of City of Irving Ordinance No. 1144.

(170)

Garage, public storage or public storage garage shall mean a building or portion thereof, not a private garage, constructed or used for the storage or parking of passenger motor vehicles and trucks of less than one-ton capacity only, where the rental of space is on an hourly, weekly or monthly basis.

(171)

Gasoline service station shall mean a place or establishment where gasoline or diesel fuel, oil, grease, or motor vehicle accessories are sold, supplied, or dispensed to the retail motor vehicle trade, or the minor repair of motor vehicles is performed, or the washing of motor vehicles without mechanized automobile washing equipment is performed. A drive-through automobile wash facility is allowed as an accessory use to a gasoline service station provided that (a) the principal use of the property includes the retail sale of gasoline or other motor vehicle fuels, (b) the automobile wash use is completely within an enclosed building as defined by section 52-75 (121); and (c) the automobile wash is not located adjacent to or within one hundred (100) feet of any property zoned for single-family detached use. A gasoline service station does not include the retail sale of products other than gasoline or other motor vehicle fuels or motor vehicle accessories. The retail sale of convenience goods is permitted from a gasoline service station only if the zoning district also includes retail sales of food and beverages.

(172)

Grade shall mean:

a.

For buildings having walls adjoining one (1) street only, it is the elevation of the sidewalk at the center of the wall adjoining the street.

b.

For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street.

c.

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.

(173)

Graphic plan shall mean a map indicating the proposed areas of common land usage by generalized sketch.

(174)

Guest quarters. Guest quarters shall mean a secondary structure on a lot containing dwelling accommodations for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having separate utility meter.

(175)

to (192) Reserved for future use.

(193)

Halfway house shall mean a facility for the housing, rehabilitation and/or training of more than two (2) persons, all of whom are not related one to the others within the first degree of consanguinity or affinity, who are on probation or parole or are pre-released inmates from correctional institutions or other persons found guilty of criminal offenses; or for the housing, rehabilitation, training, counseling or treatment of more than two (2) persons, all of whom are not related one to the others within the first degree of consanguinity or affinity, for alcohol, chemical or drug abuse and/or dependencies. "Halfway house" shall not include a hospital licensed by the State of Texas or a state licensed physician's office which office does not have facilities for patients to stay overnight.

(194)

Half story shall mean a story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story.

(195)

Handicapped shall mean a person who has lost, or lost the use of, both legs or is so severely disabled as to be unable to ambulate without the aid of a wheelchair or other mechanical device.

(196)

Height shall mean when referring to the height of a building or portion thereof, the measurement 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 roof's surface if a flat surface, to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip and gable roofs.

In measuring the height of buildings, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires and parapet walls not exceeding four (4) feet in height.

(197)

Home occupation. See customary home occupation.

(198)

Hospital shall mean an institution or place where sick or injured in-patients are given medical or surgical care, at either public or private expense, but excluding institutions where persons suffering from permanent types of illness, injury, deformity or deficiency or age are given care and treatment on a prolonged or permanent basis.

(199)

Hotel or motel shall mean a building or buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually rented singly for hire in which may be provided meal preparation facilities.

(200)

Hotel as defined for section 52-49 of this ordinance shall mean the premises of an establishment where:

1.

In consideration of payment, travelers are furnished food and lodging; and

2.

In which are located at least ten (10) adequately furnished, completely separate rooms with adequate facilities so comfortably disposed that persons usually apply for and receive overnight accommodations in the establishment, either in the course of usual and regular travel or as a residence; and

3.

Which operates a regular dining room constantly frequented by customers each day.

(201)

HUD-code manufactured home means 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 (8) body feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred-twenty (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 and air conditioning systems. The term does not include a recreational vehicle as the term is defined by 24 C.F.R Section 3282.8(g).

(202)

to (209). Reserved for future use.

(210)

Kindergarten shall mean school for children of pre-school age, in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

(211)

Kitchen shall mean food preparation facilities. The kitchen in any individual dwelling unit or hotel or motel room shall mean any combination of food preparation facilities which do not constitute a kitchenette, provided that the presence of a sink, microwave oven, and/or a refrigerator without any cook-top units or conventional ovens shall not be enough to constitute a kitchen.

(212)

Kitchenette shall mean a food-preparation facility within a hotel or motel in which:

—a cook-top may be provided limited to no more than two burners;

—a conventional oven is lacking, although a microwave oven may be provided;

—any refrigerator is of the small, under-counter variety; and

—the kitchenette facilities are not separated from the sleeping facilities but are in the same room.

The presence of a sink, microwave oven and/or a refrigerator without any cook-top units or conventional ovens shall not be enough to constitute a kitchenette.

(213)

to (221). Reserved for future use.

(222)

Landing strip shall mean a landing facility for aircraft containing a minimum of sixty (60) acres and approved by the United States Federal Aviation Agency.

(223)

Lot shall mean a tract of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.

(224)

Lot coverage shall mean the total area of a lot upon which is placed a building, buildings, or other structures.

(225)

Lot of record, a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Dallas County, Texas, or a parcel of land, the deed of which was recorded in the office of the county clerk of Dallas County, Texas, prior to the effective date of this ordinance.

(226)

Manufactured home community means any lot, tract, or parcel of land used in whole or in part for the parking of two (2) or more mobile homes, HUD-code manufactured homes, or any combination of the two for use as a temporary or a permanent dwelling or sleeping place for one (1) or more persons with or without compensation, and where such amenities as parking facilities and utilities are provided for the tenants of the mobile homes and/or HUD-code manufactured homes.

(227)

to (247). Reserved for future use.

(248)

Manufacturing plant, an establishment devoted to the fabrication, processing, assembling, cleaning or repair of articles, foods, liquids, and/or plants in a space of fifteen thousand (15,000) square feet or greater, if in an enclosed building or in a space of twenty-five thousand (25,000) square feet or greater, if in an unenclosed or incompletely enclosed space.

(249)

Mechanical equipment. Any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room, driven by a motor or motors of more than five (5) horsepower or more.

(250)

Mixed beverage means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit.

(251)

Mobile home means a structure constructed before 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 (8) body feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred-twenty (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 and air conditioning systems. The term does not include a recreational vehicle as the term is defined by 24 C.F.R Section 3282.8(g).

(252)

Mobile home park. See manufactured home community.

(252.5)

Motorhome means a motor vehicle in which there are living, sleeping and cooking facilities.

(253)

Motor freight terminal. An establishment which charges for the transportation of goods by motor truck from one city to another, designed for storing and handling of goods so transported or to be transported, and for the parking, storing and maintenance of motor trucks engaged in such transportation.

(253.5)

Motor vehicle means any motor driven or propelled vehicle.

(254)

Multi-family dwelling, a building or buildings containing or aggregating three (3) or more single-family dwellings.

(255)

to (275). Reserved for future use.

(276)

New car showroom, an establishment of a dealer of new automobiles, authorized by the manufacturer of the automobiles.

(277)

Noncommercial, pertaining to an enterprise which provided goods and/or services only to its own members, stockholders or shareholders and their guests, and which returns all profits from the operation, if any, to the members, stockholders or shareholders, in accordance with their share of investment.

(278)

Nonconforming use, a building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated.

(279)

Nursing home, an institution where persons suffering from generally permanent types of illness, injury, deformity, deficiency of age, are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or the City of Irving.

(280)

to (299). Reserved for future use.

(300)

Office, a place where the transaction of business exclusive of retail sale and transfer of goods, manufacturing, and storage of commodities.

(301)

Off-street parking, hard all-weather surface areas upon which automobiles may be parked and which area has access to a public street.

(302)

Old persons home, an institution where those persons suffering from generally permanent or prolonged types of illness or deficiency resulting from old age, are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or the City of Irving.

(303)

Open space shall be all land designated for the recreational enjoyment and/or natural beauty of the area.

(304)

Outdoor advertising sign, a signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located.

(305)

Outside storage, the storage of commodities, goods and/or refuse outside of an enclosed building.

(306)

to (322). Reserved for future use.

(323)

Perimeter plan, a map indicating the proposed areas of common land usage on a tract of land three hundred (300) feet in depth adjacent to and within the total perimeter of the district.

(324)

Person shall include association, trustee, receiver, organization, corporations, firms, partnerships and natural persons.

(325)

Premises, a piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent, by virtue of different ownership, rental, lease, usage or occupancy.

(326)

Principal structure, a building or structure, the use of which is a principal use.

(327)

Principal use, a use which, in comparison with another use occurring on the same property, has the greatest effective producing power.

(328)

Private. Excluding those who have not been invited.

(329)

Private club, a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed.

(330)

Professional service, work performed by a member of a profession licensed as a profession by the State of Texas.

(331)

Public, promotion of a public cause or service, including utilities having a franchise from the City of Irving, but excluding other profit-making organizations.

(332)

to (358). Reserved for future use.

(359)

"R" district shall include all districts which allow residential use as a principal use, including, but not limited to, the following: R-40, R-15, R-10, R-7.5, R-6, R-ZL, R-PH, R-SFA, R-3.5, R-2.5, R-MF-1, R-MF-2, R-TH, R-MH, R-XF, an S-P-2 district for any of the foregoing uses, and both a development plan of a PUD district or an S-P-1 district which allows residential uses as the sole principal use.

(360)

Railroad yards, a place for the storage of railway cars, boxcars and engines.

(361)

Railway freight station, an establishment which charges for the transport of goods, by railway from one city to another, designed for storing and handling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars and engines.

(362)

Rear yard, a space unoccupied by a principal structure extending for the full width of the lot between a principal structure and the rear lot line.

(363)

Recreational vehicle means a vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(364)

Religious institution shall be held to include a church as defined herein.

(365)

Residential shall mean land actually being used to provide single- or multi-family homes for natural persons.

(366)

Retail store, a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade.

(367)

Rooming house, an establishment which provides upon a rental basis, either permanently or for a prolonged period of time, abiding places for single people in single rooms, but which does not provide temporary abode for transient persons.

(368)

to (389). Reserved for future use.

(390)

Salvage yard, the outside storage of refuse and the recovery of usable portions of same.

(391)

Servants quarters, an accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters.

(392)

Side yard, an open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.

(393)

Single-family attached dwelling, a portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. Single-family attached dwellings do not include any type of mobile home or HUD-code manufactured home.

(394)

Single-family detached dwelling, an enclosed building having accommodations for and occupied by one family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. Single-family detached dwellings do not include any type of mobile home or HUD-code manufactured home.

(395)

Sorority house, a meeting place for a women's organization, which maintains sleeping accommodations for its members or a portion thereof, but its members only.

(396)

Stable, an accessory building for quartering, not to exceed four (4) horses on a farm or lot when set back from adjacent property lines a minimum distance of one hundred (100) feet.

(397)

Story, that portion of a building between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above.

(398)

Street, any public thoroughfare dedicated to the public and not designated as an alley.

(399)

Street right-of-way, a street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes.

(400)

Structural alterations, any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

(401)

to (423). Reserved for future use.

(424)

Townhouse, a single-family attached dwelling on a separately platted lot which is joined to another dwelling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family.

(425)

Triplex, a detached building containing three (3) single-family dwellings attached.

(426)

to (446) Reserved for future use.

(447)

Warehousing, storage in an enclosed building five thousand (5,000) square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales space, but not including motor terminal facilities or railway freight station facilities.

(448)

Width of lot, the distance between the side property lines measured either:

—at the minimum front building line required by the zoning of the lot; or

—tangent to the minimum front building line required by the zoning of the lot if said line is curved; or

—perpendicular to a line bisecting the angle between two (2) sidelines at the minimum front building line required by the zoning of the lot,

whichever is least. At no time, however, shall the distance between the two (2) points at which the side property lines intersect the front property line be less than twenty (20) feet as measured in a straight line, unless a fire lane is required, in which case the distance shall not be less than the width of a fire lane.

(449)

Width of side yard, the least distance between a side wall of a building and the side line of the lot.

(b)

Amendments to the definitions in this section, or additional definitions to be added to this section, may be made by the city council of the City of Irving after receiving the recommendations and report of the planning and zoning commission on such amendments or additions, and after a public hearing before the city council, as provided by law. Public hearings before the planning and zoning commission on any proposed amendment or addition to the definitions of this section shall be held by the planning and zoning commission after notice of such hearing shall have been given by publication at least one time in a newspaper of general circulation in the City of Irving, of the time and place of such hearing, at least ten (10) days prior to the date of such hearings.

(Ord. No. 1987, § 6, 8-13-70; Ord. No. 2569, § 9, 8-30-73; Ord. No. 2712, § 13, 10-31-74; Ord. No. 3543, § 8, 10-23-80; Ord. No. 3555, § 4, 11-20-80; Ord. No. 3852, § 16, 4-22-82; Ord. No. 4463, § 8, 7-19-84; Ord. No. 4995, § 11, 7-17-86; Ord. No. 5207, § 3, 5-14-87; Ord. No. 5814, §§ 2, 3, 6-7-90; Ord. No. 7198, § 3, 1-22-98; Ord. No. 7626, § 9, 3-23-00; Ord. No. 8055, §§ 7—9, 9-19-02; Ord. No. 5826, § 6, 7-21-05; Ord. No. 8592, § 1, 1-12-06; Ord. No. 8685, § 12, 8-3-06; Ord. No. 2008-8970, § 19, 7-10-08; Ord. No. 2009-9051, § 9, 2-19-09; Ord. No. 2011-9308, § 1, 2-9-12)