means a subordinate building the use of which is incidental to that of the main building on the same lot.

is the officer or other designated authority charged with the administration and enforcement of this Ordinance, or his duly authorized representative.

is a public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

is a room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.

is an apartment house which furnishes services for the use of tenants which are ordinarily furnished by hotels.

is 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 dwelling units 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.

is any area used for general repair, rebuilding or reconditioning engines, motor vehicles, trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

is any area used for minor repair or replacement of parts, tires, tubes, batteries and minor motor services such as grease, oil, spark plug and filter changing of passenger cars and trucks not exceeding one and one-half (1-1/2) ton capacity, but not including any operation named under “automobile repair, major” or any other similar use thereto.

is an open area or lot used for the display or sale of automobiles, where no work is done.

is any building and/or premises where gasoline, oil, grease, batteries, tires and accessories may be supplied and dispensed at retail, including the servicing of vehicles designed or calculated to be performed by the customer. In addition, the following services may be rendered and sales made and no other:

See Carwash.

is a building story the floor line of which is below grade at any entrance or exit, but may have at least one-half (1/2) of its height above the average level of the adjoining grade level.

means that property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.

means a dwelling wherein lodging or meals for three (3) or more persons, not members of the principal family therein, is provided for compensation, but not including a building in which ten (10) or more guest rooms are provided.

is any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.

is the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

a line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

See Administrative Official.

is a building, or portion thereof, where automobiles or other motor vehicles are automatically or manually washed regularly as a business.

is land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes including columbariums, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.

is an official certificate issued by the building inspector which indicates conformance with or approved conditional waiver from the zoning regulations and authorized legal use of the premises for which it is issued.

is a public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service.

is a nonprofit association of persons who are bona fide members, paying regular dues and are organized for a common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

is an establishment or enterprise wherein activities are carried on by or for a group or association of dues-paying members organized for some common purpose.

is a club as defined above, except such establishments shall have been issued an alcoholic beverage permit by the Texas Alcoholic Beverage Commission.

means building and grounds owned and operated by the governmental body for the social, recreational, health and welfare of the community served.

means any building, structure, and use which complies with the applicable regulations and standards governing conditional uses of the zoning district in which such building, structure, and use is located and for which a permit is granted.

is a home designed for the care of patients after they leave the hospital before but before they are released from observation and treatment.

See Neighborhood Convenience Center.

means an open, unoccupied space on the same lot with a building and bounded on two (2) sides by such building, or the open space provided for access to a dwelling group.

a facility that is licensed, certified, or registered by the State of Texas to provide daytime care, supervision, training, education, physical rehabilitation, or recreational activities for more than six children, adults, or elderly, for less than twenty-four (24) hours a day, at a location other than the permit holder’s primary residence, and where such children, adults or elderly are not related by blood, marriage or adoption to the owner or operator of the facility.

is a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including sign, billboard and advertising device of any kind.

means a portion of the territory of the City of Aubrey within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. The term “R District” shall mean any AG-R, SF1, SF10, SF75, SFAC, and MF District; the term “I District” shall mean any IND District; and the term “C District” shall mean any GR, SC or C District.

means a room or group of rooms including cooking accommodations, occupied by one (1) family, and in which not more than two (2) persons, other than members of the family, are lodged or boarded for compensation at any one time.

means a dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate walls and is designed for occupancy by one (1) family and is on a separate lot delineated by front, rear and side lot lines.

means a building containing one (1) dwelling unit and located on a lot or separate building tract and having no physical connection to a building on any other lot.

means a building containing two (2) dwelling units.

means a building containing three (3) or more dwelling units.

means a group or row of dwellings, each containing one (1) or more dwelling units and all occupying one (1) lot or site, as defined herein, and having a court in common; including a bungalow court or apartment court, but not including an automobile court or automobile camp.

means the erection, construction, alteration, maintenance by public utilities or by governmental departments or commissions of such underground, or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, streetlights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including building or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commission or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the word “building” does not include “structures” for essential services.

means two (2) or more persons, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity or sorority house.

is an area of two (2) acres or more which is used for the growing of usual farm products such as vegetables, fruit, trees and grain and storage on the area as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms with necessary accessory uses and for treating and storing the produce; provided, however, that the operation of such accessory shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.

means a freestanding structure typically composed of a sequence of posts or stakes connected by wood, wire, rails or other materials and generally designed to restrict or prevent movement from one space to another space or to provide visual sectioning of spaces.

is the relatively flat low lands adjoining the channel of a river, stream or watercourse which has been or may be covered by floodwater. Any land covered by the water of a one hundred (100) year frequency storm is considered in the floodplain.

is all the property abutting on one (1) side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one (1) street, the Planning and Zoning Commission shall determine the frontage for purposes of this Ordinance.

is an open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps or eave overhang.

means an accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles, not more than two (2) of which are owned by others than the occupants of the main building.

means a building or portion of a building, except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use.

means a building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.

is a multifamily dwelling unit with not more than two and one-half (2-1/2) stories. The building generally has private outdoor space, either on grade, or a private balcony.

Government Use -any structure, building and/or grounds owned by, leased to and/or operated by a state or municipal government entity for the sole purpose of providing public services that the governmental entity is authorized to provide to the public or to engage in, including but not limited to water, sewer and drainage services, and/or to accommodate other public needs of the entity. The definition also includes a building and/or grounds operated by a governmental body for social, recreational, health or welfare purposes, such as a municipal park or public gathering area. This use designation is not intended for and does not include government entities that are classified as special districts formed pursuant to state law or formed by special legislature.

when used as a reference point in measuring height of building, the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.

is a piece of land, normally relatively narrow in comparison to its length, reserved to provide for both passive and active recreation, to function as a corridor connecting park areas, to serve as a buffer between various land uses, or to provide for open space. It frequently utilizes floodplains along creeks and is often left in its natural state.

means the living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.

means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges, [of a] gable, hip and gambrel roof.

means any occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof.

may be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its inpatient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors’ offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial services, pharmacies and similar uses; provided, however, that any such accessory use is so use-wide related to the principal use as to be in fact an integral part of the total purpose and is incorporated within the same building or building complex; and provided further, that the floor area occupied by all accessory uses does not exceed one-third (1/3) of the total floor area. Whether or not a questionable use is “similar,” or an “integral” part of the total purpose shall be subject to determination by the board of adjustment. Hospital related X-ray and laboratory facilities shall not be considered accessory uses in computation or [of] area occupancy.

means a building or portion thereof in which ten (10) or more guest rooms are provided for occupancy for compensation by transient guests.

is the storage, repair, manufacture, preparation or treatment of any article, substance or commodity.

means any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.

is any structure or premises on which more than three (3) dogs over six (6) months of age and seven (7) dogs under six (6) months of age are kept.

is the long-range plan for the desirable use of land in the City of Aubrey as officially adopted and as amended from time to time by the City Council; the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings.

is an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

means the same as boardinghouse.

means the entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required therefor [under] this title and other applicable law.

means a lot abutting on two (2) intercepting or intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.

the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

means a lot other than a corner lot.

means the property lines bound [bounding] the lot as defined herein.

means a lot having its front and rear lines on different streets, or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.

means the average depth from the front line of the lot to the rear line of the lot.

means the width measured at a distance back from the front line equal to the minimum depth required for a front yard.

is a lot which is part of a subdivision, the plat of which has been recorded in the Office of the County Clerk of Denton County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Denton County, prior to January 1, 1987.

means a building in which is conducted the principal use of the lot on which it situated.

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. References in this Ordinance to “mobile home(s)” shall be taken to be references to HUD-Code manufactured home(s). Mobile homes, as defined in the Manufactured Housing Standards Act, Article 5221f, Section 3(a), V.T.C.S., shall not be used as dwelling units within the corporate limits of the City of Aubrey.

See “Manufactured Home, HUD-Code.”

means a parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental or sale of lots to persons with HUD-Code manufactured homes (mobile homes).

means that part of a parcel of land (mobile home site) in a mobile home park which has been reserved for the placement of one (1) HUD-Code manufactured home (mobile home).

means a dwelling that is constructed in one or more modules at a location other than the homesite, or is constructed utilizing one or more modular components, and which is designed to be used as a permanent residence when the modular components or modules are transported to the homesite and are joined together, or are erected and installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems. It is expressly provided, however, that the term modular home shall not mean nor apply to:

means a building or a group of two (2) or more buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, and used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor lodges, motor courts, motels, and similarly designated groups.

means centers which carry convenience goods, such as groceries, drugs, hardware, and some variety items, and also includes some service stores. The neighborhood convenience center may contain one (1) or two (2) small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called “spot necessity” items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.

means use of a building or land which existed previously that does not conform to the present regulations as to use for the district in which it is situated.

is a home where ill or elderly people are provided with lodging and meals with or without nursing care.

is that part of any lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50 percent of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained and utilized in the same manner and to the same degree as all other open space areas as designated on the site plan as filed with the building permit application.

means a permanently surfaced open area for the same uses as a private garage.

means a predominantly surfaced open area, other than street, or other public way, used for parking of automobiles and available to the public for a fee, free, or as an accommodation for clients or customers.

means a permanently surfaced area not less than one hundred eighty (180) square feet (measured approximately nine (9) feet by twenty (20)feet) either within a structure or in the open, not on public right-of-way, exclusive of driveways or access drives, for the parking of one (1) vehicle.

shall mean land under unified control, planned and developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or building sites, but also site plans, floor plans, and elevations of all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense.

Planned development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the district and areas without the district.

is an accessory building housing vehicles owned and used by the occupant of the main building; if occupied by vehicles of others; it is a storage space.

means the required rear yard is an open space unoccupied and unobstructed except for accessory uses extending across the rear of a lot from one side lot line to the other side lot line, the depth of which is dependent upon the zoning district in which the lot is located.

is a vehicular, portable structure designed to be transported over the highway and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes.

is a dwelling occupied by a resident family or resident occupant and three (3) or more rent-paying persons.

means a business organized to operate for a profit and offering instruction and training in service or art such as a secretarial school, barber college, beauty school or commercial art school.

means an institution of learning which offers instruction in several branches of learning and study required to be taught in public school. High schools include junior and senior grades.

or suitably screened as herein referred, shall mean any of the following:

See Automobile Service Station.

is an area consisting of one (1) acre or more arranged according to a site plan to be submitted to and to be approved by the Planning and Zoning Commission and the City Council on which is indicated the amount of land to be devoted to the shopping center, the detailed arrangement of various buildings, parking area, streets and type of zoning desired. The installation of all utilities, drainage structure, paving of streets, parking area, alley and installation of sidewalks shall be in accordance with the City of Aubrey specifications for each type of improvement.

means that portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven (7) feet.

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

means a public or private thoroughfare which affords the principal means of access to abutting property.

means any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, joists, roof joists, rafters, or trusses.

means structures supporting antennae for transmitting or receiving any of the radio spectrum, but excluding noncommercial antennae installations for home use of radio.

is a building or part thereof, other than hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in home for compensation, mainly for transients.

is any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling, or advertising device, or use for storage or conveyance of tools, equipment, and machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

means any lot or part thereof or any parcel of land which is used or offered as a location for one (1) or more trailers.

means an officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the official thoroughfare plan of the City of Aubrey.

means the official thoroughfare plan of the City of Aubrey adopted by the City Council establishing the location and official right-of-way width of principal highways and streets in the city, together with all amendments thereto subsequently adopted.

means three (3) or more dwelling units attached by common vertical walls.

means the purpose for which land or a building or structure thereon is designed, arranged, intended or maintained or for which it is or may be used or occupied.

means a subordinate use on the same lot with the principal use and incidental and accessory thereto.

is a lot or tract of land used for the sale or display for sale of two (2) or more previously owned motor vehicles, including but not limited to passenger automobiles, motorcycles, trucks, dune buggies and other types of motor vehicles designed for use upon the public roads or for pleasure off public roads, but not including farm implements, mobile homes, campers and recreational vehicles, or construction equipment such as cranes, bulldozers and related equipment and trucks over one ton capacity.

means a center for the repair and maintenance of, or diagnosis upon, motor vehicles, including tire installation, but not including the sale of gasoline, body work, or spray painting.

means an open space, other than a court, on the same lot with a building.

means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.

means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.

means a yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.

means the official zoning map of the City of Aubrey, together with all amendments subsequently adopted.

The date an application is filed on behalf of an Applicant by City staff for consideration by a City board, commission, or City Council, which shall be stamped on the application by City staff on the date the application is set on an agenda for consideration by the authority responsible for approval and determined complete. See also definition of Application Filing Window and Filed in this section.

The period of time during which City staff is capable of filing plats, site plans, conceptual plans, general plans, or similar materials necessitating consideration by a City board, Commission, or City Council.

Unless otherwise necessitated by the immediate context, this term refers to the combination of (a) delivery by City staff of complete and satisfactory Application materials to the City authority responsible for approval of same, together with (b) corresponding placement of the item on an agenda for consideration at a meeting of the appropriate authority. Mere submission or physical delivery of application materials by an Applicant to City staff does not constitute “filing” for purposes of this article. No item is capable of being “filed” unless and until the administrative review process has been completed and the item is also placed on an upcoming agenda for a meeting of the appropriate authority. See also definitions for Application filing date in this article.

The period of time during which an Applicant whose materials were conditionally approved or disapproved may submit a request that City staff file a response to the reviewing authority for reconsideration or appeal of a revised submission for the same project, containing only those modifications directly related to satisfaction of the conditions stated by the City, which begins on the 10th business day prior to and ending on the 4th business day prior to the next scheduled meeting of the body responsible for the next stage of approval.

The document(s) required for certain development activities to ensure compliance with the City’s zoning regulations which meets all requirements of the City, including Section 5(Q) of this code (as amended). Site plans are intended to be treated identically as preliminary plats for purposes of the City’s submission, filing, and review procedures under Chapter 10 of this code, and are therefore to be considered included in the general term “plat” and in substitution for “preliminary plat” in that article as the context may require to accomplish that intent. In this article, however, the term site plan does not include a preliminary plat or final plat.