The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means within this Ordinance. The word "person" means any human being or legal entity and includes: a corporation, a partnership, incorporated associations and unincorporated associations. The words "used" or "occupied," as applied to any land or building, shall be construed to include the words intended, arranged or designed to be used or occupied. Any definition not expressly prescribed herein; shall, until defined by Ordinance, be construed in accordance with customary usage in Municipal Planning and Engineering practices.
Access:Means a way of approaching or entering a property.
Accessory Structure:Means a structure on the same platted lot as the main dwelling separate from the main dwelling and functions as incidental use to the main dwelling and is not permitted as a dwelling. For example, an accessory structure may function as a garage or storage shed for garden tools. Cargo or Shipping Containers as defined within this ordinance shall only be considered a temporary accessory structure. There is no limit to the number of accessory structures on any lot as long as restrictions such as set-back and easements are observed and any governing impervious covering restrictions. Accessory structures are not permitted to be used as standalone structures on a detached lot.
Accessory Use:Means a use that is not customarily a part of the principal use; or a use which is clearly incidental, subordinate and secondary to the permitted use and which does not change the character thereof.
Adjacent:Means abutting, directly connected to, or bordering on.
Alcoholic Beverages (Mixed Drinks):Means the typical use listing which will allow the serving of alcoholic beverages for on-premises consumption as an incidental use where the gross revenue from the on-premises sales of alcoholic beverages is less than 75% of total gross revenue.
Alcoholic Beverages (Off-Premises):Means the standard use listing for a convenience store or similar facility where sale of beer for off-premises consumption is an allowed use according to zoning standards.
Alley:Means a minor right-of-way, dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties which otherwise abut a street and which may be used for Public Utility purposes.
Amortization:Means a method of eliminating non-conforming uses by requiring the termination of the non-conforming use after a specified period.
Amusement (Indoor):Means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the adjacent property line; including a bowling alley, billiards parlor or other similar activities.
Amusement (Outdoor):Means an amusement enterprise offering entertainment or games of skill to the General Public for a fee or charge, wherein any portion of the activity takes place in the open; including a golf driving range, archery range, miniature golf course and other similar activities.
Animal(s):Means any animate being that is not human.
Annexation:Means the incorporation of land area into the City, with a resulting change in the boundaries of the City.
Antique Shop:Means a business that sells items whose value is greater than the original purchase price because of age or intrinsic value.
Apartment:Means a room or group of rooms which are used as a dwelling for one (1) family unit that includes full kitchen facilities for the preparation of meals and cooking therein.
Apartment Hotel:Means a building used or intended to be used as a home for twelve (12) or more families, who are permanent residents, living independently of each other; in which building may be located on the first floor, living units for transient guests and/or retail sales and service.
Apartment House or Apartment Building or Apartments:Means a building or portion thereof which is used or intended to be used as a home for five (5) or more families or households, living independently of each other and which are equipped for the preparation of food.
Applicant:Means a person applying for zoning approval under this Ordinance.
Approval:Means the final approval in a series of required actions. For instance: the approval date of a planned unit development zoning application is the date of Council approval of the Final Site Plan.
Art Studio or Gallery:Means a building where objects of art are created or displayed for the public enrichment or where said objects are displayed for sale, including the teaching of painting and/or sculpting.
Assisted-Retirement Living:Means a use providing twenty-four (24) hour supervision and assisted living for more than fifteen (15) residents who do not require regular medical attention. This classification includes personal care homes for the physically impaired and persons sixty (60) years of age and older.
Attendant Building:Means a building used to house the workplace of the Manager or Attendant of a public or private parking lot.
Attendant Documents:Means materials needed to address the specific requirements of this Ordinance, which the applicant feels are necessary to explain the submittal.
Auto Repair (Major):Means a business specializing in major repair of motor vehicles entirely within an enclosed building, including any use not defined as minor vehicle servicing as well as the following:
(i) Auto glass, seat cover and muffler repairs;
(ii) Auto painting or body rebuilding;
(iii) Tire retreading and capping;
(iv) Body, fender, clutch, transmission, differential, axle, spring and frame repairs;
(v) Major overhauling of engines requiring removal of cylinder heads, crankcase pans or any associated engine rebuilding;
(vi) Repair of radiator requiring removal from vehicle;
(vii) Repair of truck, trailer, farm or industrial equipment, or other machinery/supplies; and
(viii) Work, other than minor maintenance; such as brake pad replacement and minor brake adjustment.
Auto Repair (Minor):Means a business in minor, routine and periodic preventative maintenance of a motor vehicle; which is conducted entirely within and enclosed building, including the following:
(i) Servicing of spark plugs, batteries, distributors and minor engine tune-ups;
(ii) Servicing and repair of flat tires, excluding recapping;
(iv) Minor servicing of carburetors;
(vi) Minor motor adjustments not requiring removal of heads or crankcase;
(viii) Servicing of hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat belts, windshield wipers, mirrors and installation of vehicle accessories such as radios;
(ix) Lubrication, greasing and washing; and
(x) Brake pad replacement and minor brake adjustments.
Auto Sales (Outdoor):Means an open, dust-free, all-weather area, other than a street, alley, or other public place; which is used for the display and sale of new or used automobiles; where no repair work, other than those actions normally associated with vehicle operator service is done on the cars to be displayed and sold on the premises - a sales office is normally located on the premises and such shall be limited to an area less than 10% of the total sales lot.
Auto Sales Facility:Means one or more buildings and an open, dust-free, all-weather surface area other than a street, alley, or other public place; which is used for the display, wholesale or retail sale; with repair and renovation facilities and activities which are entirely within an enclosed building; and with temporary storage of vehicles for repairs or renovation - not to exceed ninety (90) days.
Bar:Means any business establishment required to have a State License for the sale of alcoholic beverages other than beer and wine, for on-premises consumption.
Barndominium:A type of steel building, a non-traditional structure, with a steel or wood frame and sheet metal siding, originally designed as a storage building or barn structure that has been repurposed by the addition of living areas (1,200 sq. ft.) to previously open space. Typically built on an existing property or multi-acre homesite and the structure often acts as a dual purpose living and shop or work and storage areas large enough for things as large as boats and recreational vehicles.
Bed and Breakfast:Means an establishment engaged in providing rooms or groups of rooms in a dwelling for retail temporary lodging of overnight guests; or means a historic or otherwise architecturally unique building where lodging is provided by prearrangement for defined periods of time at an agreed-upon rate, with not more than seven (7) rooms to let and where breakfast is included in the rates charged.
Billboard:Means a sign advertising product not made, sold, used or served on the premises which displays such sign; or a sign having a height greater than twelve (12) feet or a width greater than eighteen (18) feet, including supports.
Block:Means an area enclosed by streets, normally to be divided into lots which are intended to be built upon; or if used as a unit of measurement, means the distance along one side of a street between the nearest two streets which intersect said street on said side.
Board:Means the Board of Adjustments of the City of Cottonwood Shores, Texas.
Board of Adjustments:Means a Committee appointed by the City Council to consider appeals from certain administrative actions pursuant to § 211.008 of the Texas Local Government Code, that is given the authority set forth in this Ordinance and in § 211.009 of the Texas Local Government Code.
Boarding House:Means a building other than a hotel, occupied as a single housekeeping unit; where lodging or meals are provided for three (3) or more persons, for compensation, pursuant to previous arrangements, for definite periods, but not to the general public or transients.
Buffer:Means an area within a property or site, generally adjacent to and parallel with the property line; consisting of existing natural vegetation or created by the use of trees, shrubs, berms and/or fences, which is designed to limit views and sound from the site to adjacent properties and vice versa.
Building:Means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind - when subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.
Building Area:Means the gross area covered by a structure when placed on the lot.
Building Main:Means any structure defined or build as the most important member of a group and designed with heated and/or cooled areas within.
Building Ordinance:Means the Building Codes and related Ordinances of the City which provide standards, requirements and regulations for site development and the construction and erection of buildings and structures within the City, including, but not limited to, the Electrical Code, the Plumbing Code, the Building Code and the Minimum Housing Code, adopted by the City Council from time to time.
Building Permit:Means a permit issued by the City, which is required prior to commencing construction or reconstruction of any structure.
Building Plot:Means the land, lot, lots, or tract of land; upon which a building or buildings are located, or upon which they are to be constructed, including yards.
Building Setback Line:Means a line or lines designating the interior limit of the area of a lot, within which structures may be erected - the building lines generally provide the boundaries of the buildable area of any given lot; no structure or building may be erected between a building line and the corresponding lot line.
Cafe or Cafeteria:Means a commercial establishment where snacks or meals are vended for consumption indoors or on the premises.
Caliber:Means the trunk diameter of a tree at three (3) feet above natural grade.
Cargo or Shipping Containers:Means a structure that is designed and constructed by the manufacturer and:
(i) Used in the shipping, movement, transportation or storage of freight, articles, goods or commodities[.]
(ii) Designed for, or capable of, being mounted or moved on a rail car.
(iii) Designed for, or capable of, being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
Carport:Means an accessory structure with or without walls, covered with a roof and constructed specifically for the storage of one or more motor vehicles.
Cemetery:Means land used or intended to be used for the internment of human remains and which is dedicated for cemetery purposes; including crematories, mausoleums, columbaria and mortuaries, when operated in conjunction with and within the boundary of, such cemetery.
Centerline of a Waterway:Means the centerline of the waterway and refers to existing topographically defined channels - if not readily discernible, the centerline shall be determined primarily, by the low flow line; or secondarily, by the center of the two (2) year flood plain.
Child Care Center (Intermediate):Means a facility (including non-residential structures) which provides custodial care and supervision for less than 24 hours a day for between seven (7) and twelve (12) children; the facility must contain a minimum 150 square feet of floor area for each child - this use shall exclude a family/group home.
Child Care Center (Large):Means a facility where over twelve (12) children receive custodial care and supervision for less than 24 hours a day - this use shall exclude a family/group home.
Child Care Center (Small):Means a private residence where the occupants provide custodial care and supervision during daylight hours for a maximum of six (6) children at any one time; this six child maximum includes the family's natural or adopted children under the age of fourteen (14); the residence must contain a minimum of 150 square feet of floor area for each child.
Child Care or Child Development Facility:Means any children's home, orphanage, institution, private home, residence or other place; whether public, parochial or private, operated for profit or charitably; which keeps, cares for, has custody of, or is attended by: four (4) or more children under sixteen years of age at any one time, who are not members of the immediate family of any person operating any such place, during any part or all of the twenty-four hours in a day - also, any institution, home or other place, whether public, parochial or private, conducted for profit or charitably; which keeps, cares for, has custody of or is attended by any number of children, under sixteen years of age, who are not members of the immediate family of any person operating such a place, who are mentally or physically handicapped, under medical or social supervision and who are not within a hospital, twenty-four hours a day.
Church or Rectory:Means a place of worship and religious training of any recognized religion - includes on site housing of ministers, rabbis, priests, nuns and similar staff personnel.
City:Means the City of Cottonwood Shores, Texas.
City Administrator:Means the Administrator of the City or other Chief Administrative Officer designated by Ordinance, or a designated representative.
City Engineer:Means the Engineer for the City or his or her designated representative.
City Staff:Means the Officers, employees and agents of the City that are assigned and designated from time to time by the Mayor, City Administrator and/or Council, including but not limited to the City Engineer and Building Inspector.
City Standard Details and Specifications:Means a library of City-approved drawings and technical data representing typical drainage, transportation, erosion, sedimentation control and utility appurtenances.
Cleaning or Laundry Self Service Shop:Means an establishment providing customers with self-service laundry and/or dry-cleaning facilities and which does not include a commercial laundry or cleaning plant.
Clinic:Means a public or private station or establishment for the examination and treatment of outpatients by an individual, or a group of: doctors, dentists, opticians, veterinarians or other medical professionals.
Clothing Manufacture:Means cutting, sewing and forming garments, millinery and accessories; where no noise, dust, vibration, odor or other undesirable or obnoxious condition is created to affect adjacent property.
Cold Storage Plant:Means a commercial establishment where food or other commodities are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or to commercial businesses. No slaughtering of animals or fowl is allowed on the premises.
College or University:Means an academic institution of higher learning, accredited or recognized by the State, which offers a program or series of programs of academic study.
Commercial Amusement (Indoor):Means an enterprise conducted solely within one or more buildings or permanently enclosed areas, whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gate for the activity; including the following activities and activities of the same or closely similar nature: zoos, carnivals, expositions, miniature golf courses, arcades, fairs, exhibitions, athletic contests, rodeos, children's rides, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors and similar enterprises.
Commercial Amusement (Outdoor):Means any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gate for the activity; including the following activities and activities of the same or closely similar nature: zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows and similar enterprises.
Common Area:Means privately owned land and improvements within a townhouse, condominium, planned development, or community unit development; including buildings, common open space, central services and utilities, streets, walks, parking areas, fencing and screening walls, landscaping, and any other elements and facilities under common ownership, which are available for the use of all owners or tenants.
Common Open Space:Means that portion of the common area which is designated for outdoor recreation area, Private Parks, play lots, plazas, athletic courts, swimming pools, fountains, streams or ponds and ornamental landscaping or natural vegetation offering visual amenity which is open to general view and conveniently accessible to pedestrians within the project.
Communication Services:Means an establishment engaged in providing broadcasting and other information relay services which are accomplished through the use of electronic and telephonic mechanisms or photocopy and reproduction mechanisms (excludes broadcast towers).
Community Center (Private):Means a recreational facility, including both indoor and outdoor facilities, for use by residents and guests of a particular residential community development, subdivision, planned unit development, or membership group.
Community Center (Public):Means a building and grounds owned or leased and operated by a governmental body for the social, recreational, health or welfare of the community served.
Comprehensive or Master Plan:Means the comprehensive plan of the City and adjoining areas, adopted by the Commission and approved by the City Council, including all its revisions as defined by Chapter 219 of the Texas Local Government Code. The plan may indicate the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks and other public and private developments and improvements; to include detailed plans for water and sewer facilities. Such plan is the overall development plan for the community, adopted to provide long-range development policies and may include all specified individual elements thereof, among which are the plans for land intensities; land subdivision; circulation and community facilities, utilities and services. The comprehensive or master plan does not constitute zoning regulations or establish zoning district boundaries.
Conditional Use:Means an additional use which may be permitted in a district, subject to meeting certain conditions or procedures, which established by the City Council - no conditional use shall be permitted in any location where it will be inconsistent with the existing adjacent and nearby uses.
Conditional Use District:Utilized for conditional impact or uniqueness which required a careful review of their location, design, configuration, and conditional impact to determine the desirability of permitting the use on a particular site as set within a development agreement.
Condominium:Means a building or group of buildings in which dwellings are owned individually; while the structure and common areas and facilities are owned by all of the owners on a proportional, individual basis; in compliance with the Texas Uniform Condominium Act, Chapter 82, Texas Property Code - individual apartments or units must have a minimum of 700 square feet of living area; inclusive of separate sleeping, living and kitchen facilities.
Construction Plans:Means the maps, drawings, plans and specifications, which indicate the proposed location and design of improvements to be installed as part of a development - such plans must be sealed by a Licensed Professional Engineer or Architect.
Convalescent Home:Means any structure which is used or occupied by three (3) or more persons who are recovering from illness or are being provided geriatric care - such care must be on a compensatory basis.
Corner Lot:Means a lot located at the intersection of and abutting on two (2) or more streets.
Council:Means the City of Cottonwood Shores City Council.
Country Club:Means an area which may contain a golf course and/or a clubhouse which is available only to private and/or specific membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
Court:Means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other open space.
Critical Root Zone:Means a circular area around a Significant Tree equal to one (1) foot in radius for each one (1) inch caliper, and the center of the circular area located at the trunk.
Cultural Services:Means a library, museum, or similar registered nonprofit organizational use, which displays, preserves and exhibits objects of community and cultural interest, in one or more of the arts and sciences.
Day Camp:Means a facility arranged and conducted for the organized recreation and instruction of children, including outdoor activities, on a daytime basis.
Detached Property or Lot:Means property whose property lines are separated by a street, right-of-way or lots owned by another property owner.
Developed Area:Means that portion of a lot, easement, or parcel upon which a building, structure, pavement or other improvements have been placed.
Developer:Means the legal owner of land to be improved and/or subdivided or an authorized representative.
Development:Means the construction or placement of any buildings, utilities, access, roads or other structures, excavation, mining, dredging, grading, filling, clearing or removal of vegetation, or the deposit of refuse, waste or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces and ranching and farming shall not constitute development. Utility, drainage, street repair, and any construction maintenance and installation which does not require land disturbance or result in additional impervious cover, shall not constitute development.
District:Means a zoned section or sections of the City for which regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
Dormitory:Means any structure specifically designed to house student tenants associated with a University, College or School.
Drive-In Eating Establishment:Means any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption indoors, in a vehicle parked on the premises, or to be taken away for consumption at other places.
Driveway:Means the connecting surface of a street and the main dwelling with a parking space, parking lot, loading dock or garage.
Dwelling:Means one or more rooms including kitchen and sanitary facilities designed as a unit for occupancy by one family for the purpose of cooking, living and sleeping.
Dwelling (Four Family) or Fourplex:Means a detached building which is designed and constructed with four (4) separate living units under a single roof, for occupancy by four (4) families.
Dwelling (Multiple-Family):Means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as five (5) or more dwellings or apartments or which is occupied as a home or residence of five (5) or more families.
Dwelling (Three Family) or Triplex:Means a detached building which is designed and constructed with three (3) separate living units under a single roof, for occupancy by three (3) families.
Dwelling (Two Family) or Duplex:Means a detached building designed and constructed with two (2) separate living units under a single roof for occupancy by two families.
Easement:Means a Grant by the property owner of the use of a strip of land for stated purposes.
Environment:Means the aggregate of social and physical conditions that influence the life of the individual and/or community.
Family:Means any number of individuals living together as a single housekeeping unit; in which not more than three (3) individuals are unrelated by blood, marriage, adoption, or guardianship, who occupy a dwelling.
Farm Accessory Building:Means a structure, other than a dwelling, on a farm as herein defined; for the housing protection or storage of the usual farm equipment, animals and crops.
Farm, Ranch, Garden or Orchard:Means an area of three (3) acres or more which is used for the primary purpose of growing of vegetables, fruits, trees, hay, livestock feed and/or grain; and/or for the raising thereon of poultry and farm animals; such as horses, cattle and sheep - includes the necessary accessory uses for raising, treating and storing products raised on the premises; but does not include the commercial feeding of offal and garbage to swine and other animals or any type of agriculture or husbandry specifically prohibited by Ordinance or Law.
Fence:(i) Barrier Fence: Means a pervious enclosure up to six (6) feet in height that will present an adequate blockade around a field, yard, or other such expanse of land for the purpose of containing animals or prohibiting intrusions from outside.
(ii) Privacy Fence: Means an opaque fence or screen of wood, masonry or a combination thereof, up to six (6) feet in height.
Filing Date:Means, with respect to zoning applications, the date of the first Public Hearing before the Commission regarding such zoning application.
Financial Services:Means services provided by an establishment which is primarily engaged in financial and banking activities. Typical uses may include banks, savings and loan institutions, stock and bond brokers, loan and lending activities and similar services.
Flood Plain:Means that land; which lying within a stream channel or adjacent to a stream channel, within which flooding frequently occurs; the elevation above sea level of which shall be as established by the City and made of record. It is land which is required to be kept open and non-urbanized in order to maintain upstream flood plain characteristics and insure continued adequate drainage of adjacent land.
Floor Area:Means the total square feet of floor space within the outside dimensions of a building, including each floor level; but excluding cellars, carports or garages.
Floor Area Ratio (FAR):Means the maximum square footage of total floor area permitted for each square foot of land area - the ratio between the total square feet of floor area in all buildings located on a lot and the total square feet of land in the lot or tract on which the buildings are located.
Food and Beverage Sales Store:Means a retail establishment of greater than 2,500 square feet of total floor area, selling a variety of consumables, notions and/or similar items, usually serving a significant market area. The sale of beer for off-premises consumption is allowed, if not otherwise prohibited, with a conditional use permit.
Food and Beverage Sales Store or Convenience Store:Means a retail establishment of less than 2,500 square feet of total floor area, selling a variety of consumables, notions and/or similar items; usually serving as a convenient outlet to a neighborhood; this activity can include the retail sale and self-service dispensing of gasoline or other fuels in appropriate zoning districts. The sale of beer for off-premises consumption is allowed in specific districts, with a conditional use permit.
Food Sales:Means an establishment primarily engaged in the retail sale of food or household products for home consumption. Typical uses include grocery stores, delicatessens, meat markets, retail bakeries and candy shops.
Front Yard:Means a space extending the full width of the lot between any building set back line and the front lot line, measured perpendicular to the building at the closest point to the front lot line.
Frontage:Means that side of a lot, parcel or tract of land abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot.
Frontage Block:Means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street; or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
Garage - Commercial:Means any premises and structure used for housing more than five (5) motor vehicles; or where any vehicles are repaired for operation or kept for remuneration, hire or sale and where a retail service station may be maintained as a secondary use.
Garage - Residential:Means an accessory structure, either attached or detached, which is intended for storage or vehicles. Garages are defined as closed with one or more openable doors.
Gasoline Station (Full Service):Means a place where gasoline, other fuels, oil, grease and/or accessories are sold and dispensed to the retail motor vehicle trade and where one or more of the following activities are conducted: motor vehicles are service and repair of motor vehicles; care, recharge and storage of batteries; or storage, repair, exchange or retail of vehicle tires.
Gasoline Station (Limited Service):Means a place where the services provided are limited to the retail sale, either self-service or attendant dispensed; of gasoline, other fuels and petroleum products for the motor vehicle trade.
Golf Course (Commercial):Means a golf course or driving range, which is privately owned, but open to the public for a fee and operated as a commercial venture.
Grade:Means the slope of a road, street, other public way or utility line specified in topographic relief of a parcel of land; the average elevation at ground level of the parcel of land.
Grading:Means any stripping, cutting, filling or stockpiling of earth or land, including conditioning of soil.
Half Story:Means 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 five (5) 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.
Halfway House:Means a dwelling used as a single housekeeping unit for not more than six (6) persons who have demonstrated a tendency towards alcoholism, drug abuse, anti-social or criminal conduct; together with not more than two (2) persons providing supervision and other service to such persons - a conditional use permit must be first obtained.
Height:Means the vertical distance from the highest point on a structure, to the average ground elevation where the foundation meets ground.
Heliport:Means a landing facility for rotary wing aircraft which is subject to regularly scheduled use and may include fueling or servicing facilities for such craft.
Helistop:Means a landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds.
Home for Aged:Means a home where elderly people are provided with lodging and meals, without nursing care.
Home Occupation:Means a commercial use customarily carried on in the home by members of the occupant family, without structural alterations in the principal building or any of its rooms, without the installation of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons and which does not cause the generation of other than normal noise, pedestrian and vehicular traffic. It is an accessory to a residential use subject to the following limitations:
(i) The home occupation shall be conducted entirely within a dwelling which is the bona fide residence of the practitioner(s);
(ii) The residential character of the lot and dwelling shall be maintained; the exterior of the dwelling shall not be structurally altered; and no additional buildings shall be added on the property to accommodate the home occupation;
(iii) The occupation shall not produce external noise, vibration, smoke, odor, fumes, electrical interference or waste run-off outside the dwelling or on the property surrounding the dwelling; and
(iv) No vehicle used in connection with the home occupation which requires a commercial driver's license to operate shall be parked on any street adjacent to the property.
Homeowners or Unit Owners Association:Means any association or organization of co-owners within a condominium or townhouse project, including the Council of Co-Owners or a Condominium or Townhouse Management Association, or the owners of lots within a subdivision; organized for the primary purpose of managing and maintaining the common areas and common open space in any such project, or otherwise owned by the association. An organization, association, or other entity formed and controlled by the developer, project owner or general partner for this purpose will be included in this definition.
Hospital (Acute Care):Means an institution with facilities and equipment for conducting major medical examinations and tests; providing full hospital services, with rooms for occupancy by ill or injured persons, where sick or injured patients are given medical or surgical treatment which is intended to restore them to health and an active life.
Hospital (Chronic Care):Means an institution where persons suffering from illness, injury, deformity or deficiency of age are given care and treatment on a prolonged or permanent basis.
Hospital Services:Means a facility providing medical, psychiatric, or surgical services for sick or injured persons on an in-patient basis; including ancillary facilities for out-patient and emergency treatment, diagnostics services, training, administration, research, and services to patients, employees or visitors.
Hospital, Sanitarium, Nursing Home, Hospice:Means a building or portion thereof, which is used or designated for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel or apartment hotel not ordinarily intended to be occupied by said persons.
Hotel:Means a building in which lodging is provided and offered to individual transient guests, but not excluding permanent guests - may include a cafe, drugstore, clothes, pressing shop, barber shop or other service facilities for guests, for compensation and in which ingress and egress to and from all rooms is made through and inside a lobby or office which is supervised by a person in charge at all hours; as such, it is open to the public in contradiction to a boarding house, a lodging house, or an apartment. To be classified as a hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone and the use and upkeep of furniture. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include a hospital, sanitarium, nursing home, or a dormitory as defined in § 156.001 of the Texas Taxation Code.
Impervious Cover:Means roads, parking areas, buildings, swimming pools, rooftop landscapes and other construction that limits the absorption of water, by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.
Improvements:Means any street, alley, roadway, barricade, sidewalk, bikeway, pedestrian way, water line system, wastewater system, storm drainage network, public park land, landscaping, or other facility or portion thereof; for which the local government may ultimately assume responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.
Incinerator:Means a furnace or apparatus for burning waste materials such as trash wood and other flammable items, for the purpose of reducing their weight and bulk.
Interior Lot:Means a lot other than a corner lot which is bounded by a street on only one (1) side.
Kennel:Means a place in which five (5) or more dogs or cats at least six (6) months of age are kept, boarded or trained by the owners of the dogs or cats, or by persons providing facilities and care; with or without compensation.
Kindergarten or Pre-School:Means any private school, operated for profit or not, attended by four (4) or more children at any one time during part of a twenty-four hour day, which provides a program of instruction for children below the first grade level; in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
Laundry Services:Means an establishment engaged in providing laundering, dry cleaning, or dyeing services - typical uses shall include bulk laundry, dry-cleaning and linen supply services.
Legal Lot:Means a lot recorded in the Official County Records, pursuant to and in compliance with the subdivision Regulations and/or the State Law in effect at the time of the creation of the lot.
Light Manufacturing:Means an establishment which is engaged in the manufacture of finished products or parts, including packaging of such products and the incidental storage, sales and distribution of such products; excluding uses that are not traditionally classified as light industrial or manufacturing - uses defined as traditional light industrial and manufacturing are set forth in this Ordinance.
Livestock Auction:Means barns, pens and sheds for the temporary holding and sale of livestock.
Loading Space:Means an off-street space for the parking of a vehicle while loading or unloading merchandise or materials from commercial or industrial vehicles.
Local Utility Line:Means the facilities provided by a Municipality or a franchised Utility company; for the distribution or collection of gas, water, surface drainage water, sewage, electric power, telephone or cable service - including pad and pole mounted transformers.
Lot:Means a separate parcel of land, created by the division or subdivision of a block or other parcel; intended as a unit for transfer of ownership, or for development, or for occupancy and/or use; platted in compliance with State Law. See also: Legal Lot.
Lot Depth:Means the average horizontal distance between the front and rear lot lines.
Lot Lines:Means the lines bounding a lot as defined herein.
Lot Width:Means the average horizontal distance at the front building setback line of a lot.
Manufactured/Modular Dwelling:Means a complete living unit partially manufactured at a location away from the lot on which it will be located, moved by a vehicle to the lot where it will be assembled. A Manufactured Dwelling must meet the same requirements of any dwelling defined for the particular Zoning Area it is intended to be located.
Master Plan:Means the overall development plan for the community which has been officially adopted to provide long-range development policies, including all specified individual elements thereof, among which are the plans for mean land intensities: land subdivision; circulation and community facilities, utilities and services. See Comprehensive Plan.
Mini Storage Warehouse:Means a building or group of buildings consisting of individualized shelters of various sizes, for rent or lease, for the purpose of providing protection of commodities stored therein. The size of each individual storage unit of a mini-storage warehouse shall be limited to 2,000 cubic feet.
Mixed Use Development (PUD-M):defined as allowance of mixed uses such as compatible residential, commercial and/or industrial, within a single project associated within PUD developments.
Mobile Home:Means a pre-manufactured and assembled moveable or portable structure which is constructed to be towed on its own integral chassis, as defined in Article 5221 of the Texas Revised Civil Statutes. Any mobile home not constituting an existing conforming or non-conforming use, not built to the National Manufactured Home Construction and Safety Standards Act (HUD) or more than ten years old, is prohibited within the City limits.
Mobile Home Park:Means a unified development for manufactured housing spaces which are arranged on a tract of land in compliance with the Subdivision Ordinance and this Ordinance, with the individual lots or parcels being held under a common ownership and rented or leased to the occupants.
Mobile Home Subdivision:Means a unified development for manufactured/mobile housing spaces which are arranged on a tract of land in compliance with the Subdivision Ordinance and this Ordinance, with the individual lots or parcels being developed and sold to occupant owners.
Modular Home:Means a factory-built (or pre-fabricated) home built and certified as meeting the current International Residential Code (IRC) specs adopted by the City and moved in sections, and assembled on location, placed on a permanent foundation and must conform to all City, state or regional building codes.
Motel:Means a building or group of detached, semi-detached or attached buildings, containing guest rooms or apartments with automobile storage space provided in connection therewith; which building or group is designed, intended or used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor courts, motels and similar designations.
Natural Channel:Means the topography of a waterway prior to construction and/or the installation of improvements thereof.
Natural Drainage:Means a stormwater runoff conveyance system not altered by development.
Natural State:Means substantially the same conditions of the land that existed prior to its development; including but not limited to the same type, quality, quantity and distribution of soils, ground cover, vegetation and topographic features.
Neighborhood:Means the area of the City characterized by residential land uses which is bounded by physical (such as river, major street, lack of access, buffer) and/or political features (such as voting districts, subdivision boundaries).
Neighborhood Automobile Service Station:Means an establishment which is primarily engaged in automotive related service. The following are permitted automotive-related services within such definition: automobile washing, minor automotive repair services, service stations, the sale of fuel, lubricants (including oil change facilities), parts and accessories, or any incidental minor repair services to motor vehicles.
Neighborhood Park:Means a publicly owned parcel of land, within a subdivision, dedicated solely for recreational uses and maintained by the City or under authority granted by the City.
Night Club:Means an establishment which is required to have a State Permit for the sale of alcoholic beverages and in which fifty percent (50%) or more of the monthly gross revenues are from the sale of alcoholic beverages; or any business or commercial establishment in which alcoholic beverages are consumed on-premises and live entertainment is provided.
Nonconforming Lot:Means a lot; the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails by reason of such adoption revision or amendment to conform to the present requirements of the Zoning District.
Nonconforming Structure or Building:Means a structure or building; the size dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the Zoning District.
Nonconforming Use:Means any building, structure or land which is lawfully occupied by a use or lawfully existing at the time of passage of this Ordinance or Amendments thereto, which does not, by reason of design or use, conform after the passage of this Ordinance or Amendments with the regulations of the Ordinance or Amendment.
Occupancy:Means the use or intended use of land or a building by any person.
Occupant Car Ratio (OCR):Means the minimum number of parking spaces, without parking time limits, which are required for each living unit, establishment or use.
Off-Street Parking Space:Means an area of privately owned land which is not less than nine (9) feet by eighteen and one-half (18-1/2) feet, not on a public street or alley, with an all-weather surface. A public street shall not be classified as such, nor shall head-in parking adjacent to a public street and dependent upon such street for maneuvering space.
Open or Outdoor Storage:Means the keeping, in an unroofed area; of any goods, junk, material, merchandise; in the same place for more than twenty-four (24) hours.
Open Space:Means an area included in any side, rear of front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches, and plant material.
Overland Drainage:Means stormwater runoff which is not confined by any natural or man-made channel such as a creek, drainage ditch, storm sewer, or the like.
P.O.A. Neighborhood Park:Means a privately owned parcel of land within a subdivision which is dedicated solely for recreational use by persons in such subdivision and their guests and which is maintained by the residents of said subdivision.
Park or Playground:Means an open recreation facility or park which is owned and operated by a public agency such as the City or the school district and available to the general public for neighborhood use, but not involving lighted athletic fields for nighttime play.
Parking Lot:Means a parking area to accommodate the vehicles which utilize any multiple family, retail, commercial, office, business or industrial property.
Parking Space:Means an area that is not a street, alley or public right-of-way that is used or designed to be used for motor vehicle parking, that is not less than nine (9) feet by eighteen and one-half (18-1/2) feet, exclusive of the driveways connecting said space with a street or alley - said parking space and connecting driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile.
Parking Structure or Garage:Means a structure devoted to the parking or storage of automobiles for a fee and which may include a facility for servicing of automobiles; provided such facility is primarily an internal function, for use only by automobiles occupying the structure and creates no special problems of ingress or egress.
Pasturage:Means land used primarily for the grazing of animal stock.
Paved Area:Means an area which is surfaced with asphalt, concrete or similar pavement, providing an all-weather surface - gravel is not an acceptable paved surface.
Performance Standard:Means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.
Permanent Foundation:Means use of a normal pier-and-beam or concrete slab construction. Other methods require a variance.
Permit Issuing Authority:Means the Building Official or other City Officer, employee or agent designated by lawful authority to issue the applicable permit.
Permitted Use:Means a use which is specifically allowed in the applicable Zoning Districts without the necessity of obtaining a Conditional Use Permit.
Personal Care Facility:Means a facility that provides supervised living arrangements for persons with physical or mental disability, which by reason of Federal or State Law, is not subject to limitations set forth in deed restrictions or single-family zoning districts. This definition includes a community-based residential home operated by:
(i) The Texas Department of Mental Health and Mental Retardation;
(ii) A community center operated under Section
3.01, Texas Mental Health and Mental Retardation Act (Article 5547-203 V.A.T.C.S.), which provides services to disabled persons;
(iii) A nonprofit corporation; or
(iv) Any entity certified by the Texas Department of Human Resources as a provider under the intermediate care facilities for the mentally retarded program.
(v) This definition includes homes for the handicapped as defined in 42 U.S.C. Section 3602(h).
Personal Services:Means an establishment which is engaged in providing services of a personal nature. Typical uses shall include beauty shops, barbershops, tailor, and shoe repair services.
Personal Service Shop:Means an establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot, or beauty shops.
Pharmacy:Means a use where medicines are compounded or dispensed under the supervision of a licensed pharmacist.
Planned Unit Development:Means a Zoning District which permits development of three (3) acres or more under single or multiple ownership pursuant to a master plan and which requires specific approval by the City Council. It is a development of land under unified control, planned and developed as a whole, in a single development operation or a programmed phasing of developments; including streets, utilities, lots or building sites, structures, open spaces and other improvements. This district may permit mixed uses of land (e.g. industrial, commercial, residential) within a single or multiple subdivision as part of or pursuant to a Master Plan which seeks to minimize adverse impacts when development occurs to protect the environment and nearby neighborhoods.
Planting Area:Means any area designed for landscape planting having a minimum of ten (10) square feet of actual plantable area and a minimum inside dimension on any side of eighteen (18) inches.
Playfield or Stadium:Means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.
Postal Facilities:Means Postal Services; including a Post Office, bulk mail processing, or sorting centers operated by the United States Postal Service or a private postal service.
Primary Structure:Means a structure in which the principal use of the lot is conducted - for example, for single-family residential lots, the house is the primary structure.
Private Club:Means an establishment which is required to have a State-issued Alcoholic Beverage Permit for the sale, storage or vending of alcoholic beverages on-premises to its members.
Product Development Services (Hazard):Means development and testing of products related to research services, which could pose a health or safety risk outside of the structure in which the services are provided. See: Research Services (Hazard).
Professional Office:Means a use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions licensed by the State.
Property Owners Association (P.O.A.):Means an incorporated, non-profit organization operating under recorded land agreements through which:
(i) Each lot and/or homeowner in a subdivision or planned unit development (P.U.D.) is automatically a member;
(ii) Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining common property; and
(iii) The charge, if unpaid, becomes a lien against the property.
Public:Means, with respect to land and interests in land within the City limits, the City; with respect to land and interests in land within the E.T.J. limits, the general public and with respect to the provision of any services or products by a business establishment, the general public.
Public Grounds or Building:Means a facility such as office buildings, maintenance yards and shops; which are required by branches of Local, State or Federal Government; for service to an area such as Highway Department Yard or a City, County or School Service Center.
Public Use:Means places of non-commercial public assembly or administrative functions where the primary activity is contained within a building(s); including but not limited to schools and government buildings.
Railroad Spur or Siding:Means a siding for spotting and unloading or loading boxcars or other railroad cars - such area is connected to a public street by a drive for access.
Railroad Tracts:Means the right-of-way for railroad tracts; includes siding, spurs, loading facilities, docks, yards or maintenance areas; does not include passenger stations.
Rear Yard:Means a space extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the building to the closest point of the rear lot line.
Recyclable Materials:Means materials including, but not limited to: scrap steel, aluminum cans, appliances, paper, batteries, glass bottles, motor vehicles, motor vehicle parts and machinery that have no economic value except as composition or salvage material.
Recycling Collection Use:Means use of property as a location where glass, paper, plastics and/or aluminum cans only are deposited in containers, with no sorting or processing on site - usually occurs as an accessory use on the property.
Recycling Operation:Means the collection, buying, storage, or processing of recyclable materials such as: glass, paper, plastics, liquids, wood or metals; which are then sorted or processed for use or shipment for the purpose of reuse and manufacture, excluding smelters and refining operations.
Recycling Operations (Indoor):Means a recycling operation which is fully enclosed within the permanent walls and roof of a building; or, if windows and doors are present, are capable of enclosure to ensure compliance with the required performance standards in the LI or HI districts as appropriate. The outside storage of recyclable materials in conjunction with the recycling operation inside a building is prohibited in an LI district. A dust collection system may be located outside of the main building.
Religious Assembly:Means a use (located in a permanent or temporary building) providing regular organized religious worship and religious education incidental thereto. See: Church.
Replacement Trees:Means new landscape trees to be planted by the developer, to replace Significant Trees which were removed during the development of a property. A list of approved Replacement Trees can be obtained at City Hall.
Required Yard:Means the open space between a lot line and the buildable area within which no structure shall be located except as provided for herein.
Research Services (General):Means establishments which are engaged in research of an industrial or scientific nature; not involving or requiring the use of any biological, chemical or other agent that could cause a hazard to adjacent property. Typical uses include electronics research laboratories and development and software research and development.
Research Services (Hazard):Means establishments which are engaged in research of an industrial or scientific nature; involving or requiring the use of biological, chemical or other agents capable of causing a hazard to property or persons outside the structure in which conducted.
Reserve Strip:Means a narrow strip of property, usually separating a parcel of land from a roadway or utility line easement, that is characterized by limited depth which will not support development and which is intended to prevent access to the roadway or utility easement from an adjacent property and which are prohibited by these Regulations unless their control is given to the City.
Restaurant:Means an establishment which is engaged in the preparation and retail sale of food and beverages for on-premises consumption. Typical uses include diners, dinner-houses, but not a drive-in or fast food restaurant.
Retail Food Store:Means a retail establishment selling: meats, fruits, vegetables, bakery products, dairy products, light hardware or other similar items; which are purchased for use and/or consumption off the premises (may be a drive-in or supermarket).
Retail Sales:Means the sale or rental of commonly used goods and merchandise for personal or household use. Typical uses may include department stores, furniture stores, or establishments providing the following products or services (or items of similar nature): home furnishings and appliances, household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, specialty items, apparel, jewelry, fabrics, cameras or photography services; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, office supplies; bicycles, wallpaper, carpeting and floor-covering, or automotive parts and accessories (excluding service and installation).
Reverse Frontage Lot:Means a double frontage lot which is to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street.
Rezoning Lot(s):Means to change the zoning of (an area): to designate (a zone or zones of a city, town, borough) for a new purpose or use with applicable zoning regulations.
Right-of-Way:Means a strip of land occupied or intended to be occupied by: a street, crosswalk, railroad, road, electric transmission line, or oil or gas pipe line, water main, sanitary or storm sewer main, or for other similar purpose or use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereinafter established and shown on the Final Plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. A right-of-way which is intended for streets, crosswalks, water mains, wastewater lines, storm drains, or any other use involving maintenance by a public agency; shall be dedicated to the public by the maker of the plat where such right-of-way is established.
Safety Services:Means a facility to conduct public safety and emergency services, including Police and Fire Protection Services and Emergency Medical and Ambulance Services.
Salvage Processing:Means the method or action used to enhance recyclable materials for reuse, including, but not limited to: separating, baling, flattening, shredding, crushing, cleaning, or cutting; excluding a smelter operation.
Same Ownership:Means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stock holder, partner, associate or a member of their family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
School (Business):Means a business which is organized to operate for profit and which offers instruction and training in a service or art such as: secretarial school, barber college, beauty school or commercial art school; not including a commercial trade school.
School (Commercial Trade):Means a business which is organized to operate for profit and which offers instruction and training in a trade such as: welding, brick laying, machinery operation, mechanics or similar trades.
School (Public or Denominational):Means a school under the sponsorship of a public or religious agency, which has a curriculum generally equivalent to public elementary or secondary schools; not including trade or commercial schools.
Setback Line or Building Setback Line:Means a line that marks the setback distance from the property line and establishes the minimum required front, side or rear yard space of a building plot.
Sexually Oriented Business:Means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or other commercial enterprise, the primary business of which is the offering of service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. See Section
3.06 herein for related definitions and development standards pertaining to sexually oriented businesses.
Shopping Center:Means a composite arrangement of shops and stores which provides a variety of goods and services to the general public and is developed as an integral unit.
Shrub:Means any self-supporting woody evergreen and/or deciduous species.
Side Yard:Means a space extending from the front yard to the rear yard between the setback line and the side lot line, measured perpendicular from the side lot line to the closest point of the setback line.
Sign:Means any device or surface on which letters, illustrations, designs, figures, or symbols are painted, printed, stamped, raised, projected, illuminated, or in any manner outlined or attached and which is used for advertising or informational purposes as further defined in City of Cottonwood Shores Signage Ordinance.
Significant Tree:Means a living tree that the City desires to preserve to the greatest extent possible. All trees larger than eight (8) inches in caliber are significant trees.
Single-Family Attached:Means the use of a series of sites for two or more dwellings, constructed with common or abutting walls and each located on a separate lot within the total development site.
Single-Family Dwelling:Means a building designed for or occupied exclusively by one (1) household. See: Single-family detached.
Site Plan:Means a plan showing the use of the land, including the locations of: buildings, drives, sidewalks, parking facilities, temporary and permanent erosion/sedimentation controls and any other structures to be constructed.
Skirting/Underpinning:Solid material acting as a barrier (if base of a structure is elevated above the ground), which is installed to screen the open space between the base of a structure and the ground below. The skirting/screening is installed as 1) matching or blending with the structure, and 2) an insulating feature to seal off the area below the structure from hazardous weather conditions. All skirted area below a structure, deck, or porch shall be totally skirted with masonry, pressure-treated wood, or other non-degradable material, which is compatible with the design, color, and exterior materials of the primary structure.
Slope:Means the vertical change in grade divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage.
Social Club:Means a building or portion thereof, or premises used or operated for a social, educational or recreational purpose; but not primarily for profit or to render a service which is customarily carried on as a business.
Square Foot or Square Feet:Means the square footage computed from the outside dimensions of the dwelling or structure, excluding attached garages, attics, basements, open or screened porches.
Stable:Means an accessory building for quartering horses for private use of the resident - the stable building must be set back from all adjacent property lines at least fifty feet (50'), be at least one hundred (100) feet from any adjacent residence and the site must contain a minimum area of one (1) acre.
Stable, Riding:Means an accessory building which is used for quartering horses which are used for commercial or private riding lessons, boarding, training or renting of horses - the stable building must be set back from all adjacent property lines at least one hundred fifty feet (150'), contain a minimum of three acres of land and obtain a Conditional Use Permit.
State Health Department:Means the Texas Department of State Health Services or the Texas Commission on Environmental Quality (T.C.E.Q.), as applicable.
Stepped Zoning:Means zoning that steps up or down in intensity and density. For example, an R-2 zoned area may step between R-1 and R-3 areas.
Storage and Distribution:Means an establishment which offers wholesaling, storage and warehousing services of non-hazardous materials in enclosed structures.
Storage Garage:Means any premises and structure used exclusively for the storage of more than five (5) automobiles.
Story:Means that portion of a building, other than a cellar, which is included between the surface of any floor and the surface of the floor above it; or if there be no floor above it, then the space between the floor and the ceiling above it.
Street:Means any public or private right-of-way which affords the primary means of vehicular access to abutting property.
Street Line:Means that line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the streets.
Street Side Yard:Means an area between any required building setback line and the side property line abutting a public right-of-way, measured perpendicularly from the building to the closest point of the side property line abutting the right-of-way.
Structural Alterations:Means any change in the supporting members of a building; such as load bearing walls or partitions, columns, beams, girders or any complete rebuilding of the roof or the exterior walls.
Structural Integrity:Means the ability of a structure to maintain stability against normal forces experienced by said structure.
Structure:Means any building or anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, telecommunications towers, sheds, parking lots that are the primary use of a parcel and permanent signs. Sidewalks and paving shall not be considered structures unless they are located within a public utility or drainage easement.
Structure Principal:Means the principal structure which fulfills the purpose for which the building plot is intended.
Subdivision:Means the division or redivision of land into two (2) or more lots, tracts, sites or parcels; for the purpose of development, laying out any addition to the City, or for laying out any subdivision or building lots, or any lot, street, alley, access easement, public utility easement, park or other portion intended for use by the public, or for the use of any owner, purchaser, occupant, person or entity.
Swimming Pool (Commercial):Means a swimming pool with accessory facilities that are not a part of the municipal or public recreational system or a private swim club and that is available to the general public for a fee.
Swimming Pool (Private):Means a swimming pool which is constructed for the exclusive use of the residents of a single-family, duplex, multiplex or multifamily dwelling, or for another residential dwelling, located and fenced in accordance with City regulations and not operated as a business or maintained in a manner to be hazardous or obnoxious to adjacent property owners.
Tavern:Means an establishment which is required to have a State Permit for the sale and on-premises consumption of beer and is not licensed or permitted to sell any other alcoholic beverage.
Telephone Exchange:Means switching, relay and transmitting equipment; not including public business, storage or repair facilities.
Temporary Field or Construction Office:Means a structure or shelter which is used in connection with a development or building project, for housing on site the temporary administrative and supervisory functions and for sheltering employees and equipment, related to the development.
Tourist Home:Means a building other than a hotel, where lodging is provided and offered to the public for compensation, for not more than twenty (20) individuals and which is open to transient guests.
Townhouse:Means a structure on an individual lot, which is one of a series of three (3) or more dwellings designed for single-family occupancy that are structurally connected and immediately adjacent to and abutting each other between individual dwellings. A condominium apartment (as defined in § 131, Texas Property Code) in a condominium structure may be considered a townhouse if no other dwelling or use of any kind exists immediately above or below it. Any project including three or more such condominiums or townhouses shall be considered a "Townhouse project."
Trailer Camp or Park:Means an area designed, arranged or used for the parking or storing of one or more auto trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families.
Transportation Services:Means a facility for loading, unloading and interchange of passengers and baggage between modes of transportation; including bus terminals, railroad stations and public transit facilities utilizing park and ride stations.
Tree:Means any self-supporting woody plant species which normally grows to an overall minimum height of fifteen (15) feet.
Tree Survey:Means a scaled drawing accurately showing the location, caliber and critical root zone of significant trees in relation to the property boundaries.
Upholstery Shop:Means a business establishment which is engaged in the installation of soft covering material such as fabric and underlayment for furniture and other objects; except however, with respect to motor vehicles, it shall only include interior upholstering - an upholstery shop shall not include the manufacture or building of furniture or other objects.
Urbanization:Means the process of constructing public improvements required to support suburban or urban land use.
Utilities Other Than Listed:Means any Utility requiring a franchise, such as closed circuit television, distribution of steam, hot or chilled water or similar service requiring the use of public streets or easements.
Variance:Means an adjustment in the application of a specific regulation of this Ordinance, given to a particular parcel of property, that because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and Zoning District.
Variety Store:Means a retail commercial establishment which supplies a variety of household goods, toys, light hardware items, candy, clothing or other general merchandise.
Veterinary Hospital:Means an establishment which offers clinical veterinary services for pets, small and/or large animals. Typical uses include pet clinics, care, treatment and temporary housing of livestock and large animals; with temporary housing of large animals permitted in an attached or adjacent roofed building with three (3) or more sides having walls or a solid fence extending from the foundation to at least 3/4 of the distance to the roofline.
Veterinary Services:Means an establishment which offers clinical veterinary services for pets and small domestic animals, with all activities and work performed indoors.
Video Rental Store:Means an establishment engaged in the sale or rental of motion pictures or games.
Vines:Means any woody or herbaceous plants which may cling by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants.
Warehouse:Means an establishment engaged in the storage of merchandise or commodities in an enclosed structure.
Watershed:Means area from which stormwater drains into a given basin, river or creek.
Waterway:Means any natural or man-made channel which conducts stormwater from a two (2) year storm event at a depth of eight (8) inches or more and at a rate of fifteen (15) cubic feet per second or more. Street pavement shall in no instance be considered a waterway.
Wood Yard:Means a tract of property used for the storage of wood either for use as firewood or as a building material, containing a fence for safety and security.
Working Days:Means Monday through Friday, exclusive of City-recognized holidays.
Wrecking Yard:Means any lot, tract, building or structure; upon which used automobiles or parts of used automobiles or other motor vehicles are stored, for the primary purpose of obtaining parts for resale as an automotive or motor vehicle part.
Yard:Means an open space at grade, between the principal and accessory buildings and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
Yard Depth:Means the shortest distance between a lot line and a yard line.
Yard, Front:Means a yard which extends across the front of a lot between the side lot lines; being the minimum horizontal distance between the street easement line and the main building or any projections thereof; other than the projections of the usual steps, balconies, bays, or unair-conditioned porches - on corner lots the front yard shall be considered as parallel to the street upon which the yard has its least dimension.
Yard, Line:Means a line, drawn parallel to a lot line, at a distance therefrom equal to the depth of the required yard.
Yard, Rear:Means a yard, extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof; other than the projections of steps, balconies, bays, or unair-conditioned porches, accessory dwellings or detached garages.
Yard, Side:Means a yard located between the main building and the side line of the lot, extending from the required front yard to the required rear yard; being the minimum horizontal distance between a side lot line and the side of any building on the lot, or any projections thereof.
Zero-lot-line Lot:Means a single-family lot that has a side wall along or near one of the lot lines so that a usable yard of a minimum of ten (10) feet from the side lot line to the building line is created on the other side of the lot.
Zoning:Means the division of a Municipality into districts in an effort to achieve compatible land use relationships and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings, in order to achieve that compatibility; as defined in chapter 211 of the Texas Local Government Code.
Zoning (Spot):Means the zoning or rezoning of a lot or parcel of land to benefit an owner for a use which is incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.
Zoning (Strip):Means, typically, commercial and/or retail zoning which is proposed to accommodate commercial or retail development, fronting a portion of a major street, usually one lot deep.
Zoning Map:Means the official certified map showing the division of the City into districts, which is a part of this Zoning Ordinance.
Zoo (Private):Means a facility which houses and displays live animals, reptiles or birds, is privately owned and operated for a fee, or for the promotion of some other enterprise.
Zoo (Public):Means a publicly owned zoo or similar facility which is owned and operated by a governmental entity or nonprofit zoological society; where live animals, birds and reptiles are domiciled and displayed.
ANY DEFINITION NOT EXPRESSLY PRESCRIBED HEREIN SHALL, UNTIL SUCH TIME AS DEFINED BY ORDINANCE, BE CONSTRUED IN ACCORDANCE WITH CUSTOMARY USAGE IN MUNICIPAL PLANNING AND ENGINEERING PRACTICES. |
(Ordinance 14000 adopted 12/21/2023; Ordinance 14000 adopted 8/1/2024)