Chandler City Zoning Code
ARTICLE 3
DEFINITION OF WORDS
§ 3-1 RULES FOR CONSTRUCTION OF LANGUAGE.
For the purpose of the administration and enforcement of this Ordinance, and unless otherwise stated in this Ordinance, the following rules of construction shall apply:
1.
The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
2.
Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
3.
The phrase “used for” includes “arranged for,” “designed for,” maintained for,” “provided for,” or “occupied for.”
4.
The word “person” includes an individual[,] a corporation, a partnership, or any other similar entity.
5.
Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events, connected by the conjunction “and,” “or,” or “either ... or,” or [sic] the conjunction shall be interpreted as follows:
a.
“And” indicates that all the connected items, conditions, provisions, or events shall apply;
b.
“Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination;
c.
“Either ... or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
6.
The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all instances or circumstances of like kind or character.
(Ordinance 03-01 adopted 3/11/03)
§ 3-2 DEFINITIONS.
For purposes of this Ordinance, the following terms or words shall have the meaning as indicated:
The primary means of ingress and egress to abutting property from a dedicated right-of-way.
Means 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.
Shall mean an official certificate issued by the City Secretary certifying compliance with this ordinance.
Means a malt beverage containing more than four percent of alcohol by weight.
A public or private right-of-way, not more than thirty (30) feet in width, which affords a secondary means of public or private access to property abutting thereon.
Means a malt beverage containing one half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight and does not include a beverage designated by label or otherwise by a name other than beer.
Businesses that engage in the sale of beer, wine and/or malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17% by volume, for Off-Premises Consumption only, with a drive-through facility including a drive-up window, drive-through building or any other means of conducting alcohol sales without requiring customers to exit their vehicles.
Businesses that engage in the sale of beer, wine and/or malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17% by volume, for Off-Premises Consumption only, with no drive-through facility for alcohol sales.
Means a structure directly attached to the land, a house, or a building having one or more spaces used to display a sign or advertisement of an alcoholic beverage or a person engaged in the manufacture, sale, or distribution of alcoholic beverages, whether or not the structure is artificially lighted.
That portion of a lot remaining after the required yard setbacks have been provided.
Any structure, either temporary or permanent, having a roof, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind. This definition shall include tents, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, storerooms, or vehicles serving in any way the function of a building as described herein.
BUILDING, ACCESSORY:
A subordinate building, the use of which is incidental to that of the principal building on the same lot.
BUILDING, PRINCIPAL:
A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applicable to the principal building. A detached and structurally independent carport, garage, or other structure shall conform to the requirements of any accessory building.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building except that the distance shall be measured to the average height between the eaves and ridge for gable, hip, or gambrel roofs and to the deck line of a mansard roof.
The line established by yard or setback requirements outside of which no principal building may be erected.
The designated inspection authority of the city, or its authorized representative.
The line midway between the street right-of-way lines or the surveyed and prescribed centerline established by the City which may not be the line midway between the existing or proposed street right-of-way lines.
As those terms are defined by Section 42.002 of the Texas Human Resources Code means a certified facility licensed, certified, or registered by the Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility for all or part of the 24-hour day whether or not the facility is operated for profit or charges for the services it offers.
Shall mean and refer to the City of Chandler, Texas.
An open space, other than a yard, on the same lot with a building or structure, which is bounded on two (2) or more sides by the walls of such building or structure.
OUTER COURT:
A court enclosed on three (3) sides by exterior walls of a building or structure, or by exterior walls and lot lines on which walls are allowable, with one (1) side or end open to a street, driveway, alley, or yard.
INNER COURT:
A court that is completely surrounded by a building or buildings.
As that term is used in Section 109.33 [of the] Texas Alcoholic Beverage Code V.T.C.S. and shall include PERSON as that term is defined herein.
An existing or projected relationship between the allowable lot area per dwelling unit for a district and the land area zoned in each zoning district. The number of dwelling units is found by dividing the total land area zoned in each zoning district by the allowable lot area for that district.
A “dwelling unit” consists of one (1) or more rooms which are arranged, designed or used as living quarters, including permanently installed individual bathrooms and complete kitchen facilities.
DWELLING, SINGLE-FAMILY ATTACHED:
A structure designed as one (1) dwelling unit at ground space and intended to be occupied exclusively by one (1) family and structurally connected by common walls or with separation of not more than one (1) inch from at least one (1) or more other dwelling units.
DWELLING, SINGLE-FAMILY DETACHED:
A structure designed as one (1) dwelling unit and intended to be occupied exclusively by one (1) family and structurally connected to no other dwelling unit.
DWELLING, MULTIPLE-FAMILY:
A structure designed with more than one (1) dwelling unit with accommodations for each dwelling unit independent of each other and intended to be occupied by more than one (1) family.
Means a structure or device other than an illuminated billboard by which artificial light produced by electricity is used to advertise the alcoholic beverage business by a person who manufactures, sells, or distributes alcoholic beverages or to advertise an alcoholic beverage.
One (1) or more persons occupying a single dwelling unit provided that unless all members are related by law, blood or marriage, no such family shall contain over three (3) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate or additional family or families.
Distance measured along an abutting public street right-of-way.
Means a building or a group of two (2) or more buildings containing guest rooms or apartments and used primarily for the accommodation of automobile travelers containing a restaurant as defined herein.
Means a person who is the holder of a license provided in this ordinance, or any agent, servant, or employee of that person.
See “DWELLING UNIT.”
A piece, parcel, tract, or plot of land.
LOT AREA:
The total horizontal area included within lot lines.
LOT COVERAGE:
The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT DEPTH:
The mean horizontal distance between the front and rear lot lines.
LOT LINE: The boundary line of a lot.
FRONT:
That property line which abuts on a public street, or in the event the property abuts on two (2) or more streets it shall mean that property line abutting on a street which has been so designated by the owner at the time of his application for a building permit.
SIDE:
Any property line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
REAR:
That boundary of a lot which is most distance from and is, or is most nearly, parallel to the front lot line.
LOT OF RECORD:
A lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat prior to the effective date of this Ordinance.
LOT[,] CORNER:
Lot bounded by more than one (1) intersecting street.
LOT WIDTH:
The mean horizontal distance between the side lot lines measured at the required front property line.
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.
Retail establishments which carry convenience goods, such as groceries, drugs, and some variety items, including grocery stores, markets, supermarkets, convenience stores and variety stores.
A building or structure existing at the time of passage or amendment of this Ordinance which does not conform to the property development and regulations of area, height, lot coverage, yard setbacks, or other like requirements of the district in which it is located.
Any single lot, tract or parcel of land in existence at the time of passage or amendment of this Ordinance which does not meet the minimum dimensions, area or other regulations of the district in which it is located.
Any land use existing at the time of passage or amendment of this Ordinance which does not conform to the provisions, requirements and regulations of the district in which it is located.
The sale of sealed alcoholic beverage by an establishment permitted herein for the sale of consumption off-premises.
The sale of an alcoholic beverage for the consumption in a business establishment as permitted herein.
Means a container that is no longer sealed.
Means any Sign bearing a word, mark, description, or other device that is used to advertise an alcoholic beverage or the business of a person who manufactures, sells, or distributes an alcoholic beverage if the sign is displayed outside the walls or enclosure of a building or structure where a license or permit is issued or if it is displayed inside a building so that it is visible by a person of ordinary vision from outside the building.
An area of not less than one hundred sixty-two (162) square feet, surfaced with a suitable, dust-free surface, enclosed or unenclosed, exclusive of driveways and alleys, and adjacent to a driveway or alley, with the minimum dimensions of nine (9) feet by eighteen (18) feet, designed so as to be used for parking of a motor vehicle.
Means a person who is the holder of a permit provided for in this ordinance, or an agent, servant, or employee of that person.
Means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization of the manager, agent, servant, or employee of any of them[.]
Businesses that engage in the sale of prepackaged alcoholic beverages, for Off-Premises Consumption, with a drive-through facility including a drive-up window, drive-through building or any other means of conducting alcohol sales without requiring customers to exit their vehicles.
Businesses that engage in the sale of prepackaged alcoholic beverages, for Off-Premises Consumption, with no drive-through facility for alcohol sales.
Means a private school including a parochial school that 1) offers a course of instruction for students in one or more grades from kindergarten through grade 12 and 2) has more than 100 students enrolled and attending courses at a single location.
See “LOT LINE.”
Any government or governmental agency, board, commission, or authority of the City of Chandler, Henderson County, State of Texas, or the U.S. Government or any legally constituted district.
The use of any land, water, or buildings by a public body for a public service or purpose.
See “DWELLING UNIT.”
Means a place where meals are prepared and served to the public for consumption on or off the premises.
A strip of land dedicated or deeded to the perpetual use of the public.
Churches and organizations operating as a nonprofit activity serving a public purpose of service and includes such organizations as noncommercial clubs and lodges, theater groups, recreational and neighborhoods associations, and cultural activities.
The use of any land or building by a semi-public body.
A use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relocation to the neighborhood, and approved through a public hearing of the Board of Adjustment would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity. Such uses may be permitted in such zoning districts as special exceptions and as outlined in the applicable zoning district.
That portion of a building, other than the basement, included 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 the floor and the ceiling next above it.
A partial 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 four (4) feet above the floor of such story, except that any partial story used [for] residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.
A public or private right-of-way which affords a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, or place [or] however otherwise designated, but does not include driveways to buildings.
The property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the exact location of the right-of-way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as the right-of-way line.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, and having a height of four (4) inches or more except for patios, parking and loading facilities, walls, or fences.
STRUCTURAL ALTERATION:
Any change except for repair or replacement in the surrounding members of a structure such as bearing walls or partitions, columns, beams, or girders, or any substantial change on the roof or in the exterior walls of a structure.
STRUCTURAL ACCESSORY:
A structure incidental and subordinate to the principal use of the property and located on the same lot as the principal use.
That part of the ground area improved or unimproved, roof, balcony, or porch which is designed or intended for outdoor living, recreation, or utility space and may include recreational buildings or structures, but shall not include street[s,] driveways, parking and loading areas or any other paved vehicular ways and facilities as well as all required minimum front yard areas.
Any activity, functions, or purpose, to which a parcel of land or building is put and shall include the words used, arranged or occupied, for any purpose, including all residential, commercial, business, industrial, public or any other use.
USE, ACCESSORY:
A use that is wholly incidental to and supportive of the principal use on the same lot.
USE, PRINCIPAL:
The primary purpose for which land or building is used as permitted by the applicable zoning district.
A relaxation of the terms of this Ordinance where such variance will not be contrary to the public interest and where a literal enforcement of the Ordinance would result in unnecessary and undue hardship.
Any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters, but shall not include tractors, construction equipment, or machinery, or any device used in performing a job as stated above.
Means the product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers.
Means an alcoholic beverage consisting of vinous liquor plus plain, sparkling, or carbonated water and which may also contain one or more natural or artificial blending or flavoring ingredients. A wine cooler may have alcohol content as low as one-half of one percent by volume.
The open space existing on the same lot with a principal building, unoccupied and unobstructed by buildings from the ground upwards between the lot line and the building line.
YARD, FRONT:
A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the principal building.
YARD, REAR:
A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the principal building. On both corner and interior lots the rear yard shall in all cases be at the opposite end of the front yard.
YARD, SIDE:
A yard extending from the front yard to the rear yard and being the minimum horizontal distance from the side lot line to the principal building.
YARD, SIDE STREET:
A yard adjacent to a street between the front and the rear lot line and being the minimum horizontal distance from the side lot line to the principal building.
A portion of the territory of the City of Chandler, Texas including the zoning map and all amendments to such zoning ordinance and zoning map.
(Ordinance 03-01 adopted 3/11/03; Ordinance O-061212A adopted 6/12/12)