Andrews City Zoning Code
ARTICLE I
IN GENERAL
§ 66-1 Definitions.
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, detached from the main use building, which has a use obviously incidental to the main land use. In any residential district this building may not be used for commercial purposes.
means relationship, especially by marriage as opposed to blood ties, and shall also include domestic partnerships.
means a room or suite of rooms arranged, designed, or occupied as a residence by a family or an individual.
includes only the area within the property lines, excluding any portion of the street or alley.
mean any sign of advertisement used outdoors for the purpose of making anything known, and which is remote from the point of display.
means a building used as a lodging place in exchange for compensation.
means any structure designed for the support, shelter, or enclosure of any persons, animals, chattels, or property.
means a line which is parallel or nearly parallel to the street and beyond which buildings may not be built.
means any vehicle or similar portable structure that is used as a sleeping or living quarters while the occupants are on a trip or vacation and will be used only as a temporary quarters. If such trailer is used within the city as a sleeping or living quarters, it must be parked in a designated mobile home park.
means a vehicle storage building that does not have any door, gate or fence obstructing the entranceway into the shed and which has no more than two sides enclosed.
means a structure which consists of a roof and necessary number of supporting poles which has no door, gate or fence impeding the entranceway and for which none of the sides is enclosed in any manner. Exception: If the open carport is attached to the front, rear or side of a residence, that side of the carport would be enclosed. If this is the case, the roofline of the carport must match up with the eave line of the house, and all side and rear yard setbacks must be complied with.
means any building or portion thereof, that contains facilities for living, sleeping and sanitation and may include facilities for eating and cooking for occupancy by other than a family, and shall include any single-family dwelling in which the people meet the relationship requirements for a single-family dwelling, but is also used for dwelling by any unrelated person or persons which causes the occupancy to exceed one person per 200 square feet of gross livable floor space. (IBC) A “congregate residence” does not require a property owner, or an agent, or a rental manager, to be in residence.
means an occupation carried on in the home by the occupant or a member of his family which will require no structural alteration to the building or any of its rooms, without the installation of machinery or equipment other than that used for the normal operation of the home. There may be no employment of additional persons who do not live on the premises, or use of advertising signs. The use shall not cause additional traffic congestion on the street.
means the mean horizontal distance between the front lot line and the front building line.
means the mean horizontal distance between the front and rear lot lines.
means the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line.
means an owner or his successor, agent or assign who subdivides, plats and/or installs streets or utilities to serve lots or tracts for lease and/or resale as residential or commercial sites.
means an area of the city in which use, area, height, and other regulations are uniform.
means a building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
means any building or portion of a building designed for the occupancy of three or more families.
means a detached dwelling unit in which only one dwelling unit is allowed per platted lot, and designed for occupancy by one person or one family. In cases where the dwelling unit can provide the required occupancy load of one person per 200 square feet of gross livable floor space, such dwelling can include no more than two individuals living within the unit who are unrelated by consanguinity, legal adoption, or by affinity.
means a detached building designed exclusively for the accommodation of two families. Also referred to as “duplex.”
means a single unit providing complete, independent living facilities for one or more persons, including sleeping, eating, cooking and sanitation.
means two or more people related by consanguinity, legal adoption, or by affinity. Further defined as follows, regardless of actual or perceived sexual orientation, gender identity, or legal marital status:
Spouse or domestic partner;
Legally adopted son or daughter, including a child who is placed by an authorized agency for legal adoption;
Foster child;
Brother, stepbrother;
Sister, stepsister;
Nephew;
Niece;
Uncle;
Aunt; or
Son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
As defined by the U.S. Department of Housing and Urban Development FHA Single Family Housing Policy Handbook Glossary.
means the floor area of a building which shall be measured by taking the outside wall dimensions of the building at each floor level, excluding the basement.
means the line of the lot adjacent to the street on interior lots. On corner lots it is the extension of the lot line of the adjacent interior lot.
means an accessory building or portion of the main residence building which is designed for the storage of automobiles and other noncommercial vehicles having a door and/or three enclosed walls.
means the height of a building or portion of a building which shall be measured from the average grade established at the street lot line or from the average natural ground level, 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. The following structures shall not be considered in measuring height: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, ornamental domes, or spires and parapet walls not more than eight feet tall.
means an accessory use housed in a dwelling or accessory building in which the residents of the premises engage in recreational activities. No action for which revenue will be derived may be carried on.
means an institution or place where sick or injured inpatients are given medical or surgical care. This shall not include hospitals for alcoholics, narcotics, insane, feeble-minded, or for animals.
means a building which is occupied as a more or less temporary abiding place, with no provisions for cooking in the individual rooms, in which there are more than 12 sleeping rooms, a public dining room with accommodations for more than 12 guests and central kitchen.
means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to a foundation system. This term shall include “modular housing” and “ready-built homes” which meet or exceeds all current building code standards adopted by the city.
means the space that would have been required of a corner lot for a front yard had the structure been constructed or placed facing towards a planned primary front street. Measured from the exterior side property line (or the intended front property line) 20 feet into property is the intended front yard area or when lesser setbacks for front yards are pre-existing that minimum distance shall apply.
see Nonconforming use, legal.
means a building, other than a hotel, where lodging for five or more persons is provided for compensation.
means land occupied or to be occupied by a main use building and its accessory buildings, including yards and other open space requirements as set up by this chapter, and having its frontage upon a public street or officially approved place.
means the percentage of the total lot area covered by the first floor of the main building plus accessory buildings located on the lot.
means the lines bounding a lot as defined in this section.
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 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.
shall mean a structure constructed before June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet. Tex. Occ. Code section 1201.003(20).
means a group of attached or detached buildings containing individual sleeping or living units for 12 or more individuals or groups. Each unit must have an adjoining or conveniently located parking spaces.
means a building, structure, or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto and which does not conform to the use regulations of the district in which it is located.
means an area of not less than 180 square feet (approximately nine feet by 20 feet) not on a public street or alley, surfaced with an all-weather surface, enclosed or not enclosed, together with an all-weather surfaced driveway connecting the parking space with a public street or alley, allowing free entrance and exit. This shall not include parking for trucks or buses for commercial purposes.
means the area included in any side, rear, or front yard or any unoccupied space on a lot that is open and unobstructed to the sky, except for the ordinary projections of cornices, eaves or porches.
means those lines which bound a lot, excluding any rights-of-way or other portions of public property.
means the line of the lot opposite the front lot line.
means any building or portion of a building which contains guestrooms that are hired out for occupancy by no less than three nor more than 11 individuals for compensation.
means a single-family accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises, not less than 50 percent of the time, and not rented or otherwise used as a separate domicile.
means a building for public or private social, educational, and recreational activities of a neighborhood or community, provided that the building is not operated for commercial gain.
means an accessory building used for the storing of property incidental to the main use of the land.
means that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between such floor and the ceiling next above it.
means a story under a gable, hip, or gambrel roof which has an average height of not more than eight feet and a floor area not exceeding 75 percent of the floor area of the next floor below.
means a public way which serves as the primary means of access to the abutting property.
means any change in the supporting member of a building, such as a bearing wall, column, beam, or girder.
means a building containing two or more dwelling units per structure with each unit separated by a firewall; electric, gas, water and sewer services must be individually metered to each unit.
means a street that was not planned to be a primary front street for structures and is a street that does not have the majority of the structures facing it. The term is primarily used for structures found on corner lots that do not face the primary front street but the intersecting street.
(Ordinance 1211 adopted 6/26/97; Ordinance 1255, sec. 1, adopted 1/13/00; Ordinance 1619, sec. I, adopted 11/8/18; Ordinance 1666 adopted 11/12/20)
§ 66-2 Purpose.
The regulations in this chapter follow a comprehensive plan in order to:
(1)
Allow better circulation of pedestrian and vehicular traffic with minimum congestion;
(2)
Provide adequate light and air;
(3)
Avoid overpopulation or excessive crowding of land;
(4)
Facilitate the provision of adequate transportation, water, sewerage, schools, and parks;
(5)
Promote the general health and welfare of the community; and
(6)
Conserve the value of buildings and encourage appropriate use of land.
(Ordinance 152, sec. 1, adopted 5/-/56)
§ 66-3 Compliance required.
Any building or land use which is placed in use at any time after the adoption of the ordinance from which this chapter is derived shall be in conformance with the regulations and restrictions within this chapter.
(Ordinance 152, sec. 1, adopted 5/-/56)
§ 66-4 Annexation of new land.
Any land being annexed to the city, either voluntarily or involuntarily, after the adoption of the ordinance from which this chapter is derived will be zoned in accordance with the following procedure:
(1)
The land proposed to be annexed will first be considered by the zoning board and the recommendation of the board obtained as to its classification; and
(2)
Upon annexation thereof, the city council may approve such recommendation or modify or change the zone classification, and final determination thereof will be made by the city council.
(Ordinance 152, sec. 1, adopted 5/-/56)
§ 66-5 Completion of existing building.
Nothing contained in this chapter shall require any change in the plans, construction, or designated use of a building actually under construction at the time of the passage of the ordinance from which this chapter is derived and which entire building shall be completed within one year from the date of the passage of the ordinance from which this chapter is derived. Nothing contained in this chapter shall require any change in plan, construction or designated use of a building for which a building permit has been issued and which entire building shall be completed within six months from the date of the passage of the ordinance from which this chapter is derived. If any amendment to this chapter is adopted changing the boundaries of districts, the provisions of this chapter with regard to buildings or premises existing or buildings under construction or building permits issued at the time of the passage of the ordinance from which this chapter is derived shall apply to buildings or premises existing or buildings under construction or building permits issued in the area affected by such amendment at the time of passage of such amendment.
(Ordinance 152, sec. 1, adopted 5/-/56)