Double Oak City Zoning Code
§ 26
DEFINITIONS.
26-1 Accessory Building or Accessory Structure - Accessory Use - Airport - Alcoholic Beverage - Alley - Amusement Park - Apartment - Apartment House - Area of Lot - Attached - Automotive Repair Garage - Barn - Basement - Bedroom - Blind Fence or Wall - Block - Boarding House or Rooming House - Boarding School - Breezeway - Building - Building Line - Business Service -(a) (b) (c) (d) Carnival - Cellar - Church - Circus - Clinic - Club - Commercial - Commercial Amusement - Condominium - Convalescent Home - Corner Lot - Country Club - Customary Agriculture Building - Customary Home Occupation - Day Nursery - Depth of Front Yard - Depth of Lot - Depth of Rear Yard - Detached - District - Duplex - Dwelling - Enclosed Building - Family - Farm, Ranch, Garden, Orchard - Fence - First Floor - Four Unit Apartment House - Fraternity House - Front Yard - Garage, Front Entry - Garage, Side or Rear Entry - Garage, Public Storage or Public Storage Garage - Gasoline Service Station - Grade -(a) (b) (c) Graphic Plan - Guest House - Half Story - Height - Home Occupations:(a) (b) Hospital - Hotel or Motel - Household Pets - Kindergarten - Loafing Shed - Lot - Lot Coverage - Lot of Record - Manufacturing Plant - Masonry - Mechanical Equipment - Minimum Square Footage of Dwelling Unit - Mobile Home - Mobile Home Park - Motor Freight Terminal - Multi-Family Dwelling - New Car Showroom - Non-Commercial - Non-Conforming Use - Nursing Home - Office - Off-Street Parking - Old Persons Home - Open Space - Outdoor Advertising Sign - Outside Storage - Perimeter Plan - Premises - Principal Structure - Principal Use - Private - Private Club - Professional Service - Public - Railroad Yards - Railway Freight Station - Rear Yard - Religious Institution - Retail Store - Rooming House - Salvage Yard - Servants Quarters - Shed - Side Yard - Single Family Attached Unit - Single Family Dwelling - Sorority House - Specific Use Home Occupation - Stable - Story - Street - Street Right-of-Way - Structural Alterations - Townhouse - Triplex - Warehousing - Wholesale Business - Width of Lot - Width of Side Yard - Well - Well House -
The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such construction would be inconsistent with the manifest intent of the terms of this ordinance or where the context of this ordinance clearly indicates otherwise.
shall mean a subordinate building or structure, attached to or detached from the main building, and customarily incidental to the principal building.
shall mean a use subordinate to and incidental to the principal use.
shall mean a landing facility for aircraft containing a minimum of sixty (60) acres and approved by the United States Federal Aviation Agency.
shall mean alcohol and any beverage defined as alcohol by the laws of the State of Texas.
shall mean a public way, public space, or thoroughfare which affords only secondary means of access to property abutting thereon.
shall mean a lot, tract or parcel of land, or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, or any animal, any of which is operated for a profit.
shall mean a room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or group of individuals.
shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.
shall mean the recorded area of the lot.
shall mean having a substantial physical connection with the roof line of the first floor and not extending more than 20 feet from the side of the structure.
shall mean a garage or portion thereof in which automotive repair and maintenance takes place, but excluding the outdoor storage of automotive parts or inoperative automobiles.
shall mean a large building for storage of farm products, for feed, and used for housing of farm animals or farm equipment.
shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is greater than the vertical distance from grade to ceiling.
shall mean a room other than a kitchen, dining room, living room, bathroom or closet. This item shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms or similar extra rooms.
shall mean a fence or wall through which a person is unable to see standing (6) feet from such fence or wall at ground level.
shall mean an area within the Town enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.
shall mean a building, other than a hotel, where lodging and meals are served for compensation.
shall mean a place of instruction and training where four (4) or more pupils are housed over night and given the majority of their meals on the premises.
shall mean a covered passage one story in height connecting a main structure and an accessory building.
shall mean any structure or building for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind.
shall mean a line parallel or approximately parallel to the street line and beyond which buildings may not be erected.
shall mean a commercial use (other than retail sales and professional services) devoted to:
The fabrication, processing, assembly, cleaning, or repair of articles of goods, wares, merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages.
The instruction, training or physical treatment of animals, but excluding animal shelters or places where animals are kept on the premises overnight.
The providing of temporary abodes for transient persons, such as a hotel or motel.
The providing of food, drink or entertainment to persons.
shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.
shall mean that portion of building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling.
shall mean the place of worship and religious training of recognized religions, including the on-site housing of ministers and families, priests, rabbis and nuns.
shall mean a temporary traveling show or exhibition usually housed in tents and which has no permanent structure or installation.
shall mean an institution or facilities for examining, consulting with and treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care.
shall mean an association of persons or promotion of some common object, such as literature, science or good fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises.
shall mean any business, other than a customary home occupation or manufacturing business, which involves the exchange of goods or services for the remuneration of a person occupying the premises upon which the transaction or part thereof takes place.
shall mean an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge.
means the separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Article 1301a, Tex. Rev. Civ. Stat. Ann.
shall mean any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age.
shall mean a lot situated at the junction of two or more streets.
shall mean an area of twenty (20) acres or more containing a golf course and a club house available only to membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services.
shall mean a structure for storing or housing the usual products and animals raised or maintained on a farm, such as a barn, poultry house, stable, machinery shed or granary.
See Home Occupations.
shall mean a place where children are left for care between the hours of 6:00 a.m. and 12:00 midnight.
except where otherwise provided, shall mean the minimum distance from the front of a building to the front lot line.
shall be defined as the mean horizontal distance between the front and rear lot lines.
shall be defined as the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line.
shall mean having no physical connection above the top of the floor line of the first floor with any other building or structure.
shall mean a section of the Town of Double Oak for which the regulations governing the area, height and use of buildings are uniform.
shall mean a detached building having separate accommodations for two single family dwellings or occupied by two families.
shall mean an enclosed building or portion thereof having accommodations for only one family or occupied by one family.
shall mean a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.
shall mean any number of individuals living together as a single housekeeping unit interdependent upon one another.
shall mean an area of three (3) acres or more which is used for the growing of usual farm products, vegetables, fruits, trees and grain and their storage as well as the raising of usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms, with the necessary accessory uses for treating and storing the produce, but not including the commercial feeding of swine or other animals.
shall mean a railing, wall or any other means of enclosure or separation, including, but not limited to: wood fencing such as post and rail, picket, trellis or panel; wire mesh and chain link; wrought iron or aluminum; stone or brick; or, plastic materials having similar appearance to any of the foregoing (barbed wire or above-ground electrified fences are permitted only in agricultural districts).
shall mean a floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than 5' below grade.
shall mean a detached building containing four single family attached dwellings.
shall mean a building used for a meeting place for men's organization which maintains sleeping accommodations for its members only or for a portion thereof.
shall mean an open unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines.
shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or to the side of the living area, where the access thereto is from the front property line.
shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, with the access or door facing the side or rear property line.
shall mean a building or portion thereof, not a private garage, constructed or used for the storage or parking of passenger motor vehicles and trucks less than one-ton capacity only, where the rental of space is on an hourly, weekly or monthly basis.
shall mean a place or establishment where gasoline, oil, grease or motor vehicle accessories are sold, supplied, or dispensed to the retail motor vehicle trade.
shall mean:
For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street.
For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street.
For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior walls of the building.
shall mean a map indicting the proposed areas of common land usage by generalized sketch.
shall mean a secondary structure on a lot containing dwelling accommodations, but excluding kitchen facilities, for the temporary occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter.
shall mean a story under a gable, hip or gambrel roof, the wall plates of which on at least 2 exterior walls are not more than 2 feet above the floor of such story.
shall mean when referring to the height of a building or portion thereof, the measurement from the average established grade at the street lot line, or from the average natural ground level if higher, or if no street grade has been established, to the highest point of the roof's surface if a flat surface, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for hip and gable roofs. In measuring the height of buildings, the following structures shall be excluded: chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height.
Customary Home Occupation -
shall mean an occupation or business conducted within a residential dwelling unit by a member of the occupants' family, without customers or the general public making more than two (2) visits per day to the dwelling; without the installation of machinery other than that customary adapted to usual household operation; without structural alteration to the dwelling or any of its rooms; without having a separate entrance for the business; where the activity employs only members of the immediate family of the resident of the dwelling; where there is no external evidence of the business occupation detectable from any lot line, including but not limited to, advertising signs, displays, smoke, dust, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, traffic or the parking of vehicles in a manner evidencing conduct of the business.
Specific Use Home Occupation -
shall mean an occupation or business conducted within a residential dwelling unit by a member of the occupants' family, pursuant to a valid Specific Use Permit Zoning Classification that establishes conditions as to the frequency of visits by customers and the general public, and establishes conditions in regard to the installation and use of machinery not customary adapted to usual household operation; without structural alteration to the dwelling or any of its rooms; without having a separate entrance for the business; where the activity employs only members of the immediate family of the resident of the dwelling; where there is no external evidence of the business occupation detectable from any lot line, including but not limited to, advertising signs, displays, smoke, dust, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, traffic or the parking of vehicles in a manner evidencing conduct of the business.
shall mean an institution or place where sick or injured in-patients are given medical or surgical care, at either public or private expense, but excluding institutions where persons suffering from permanent types of illness, injury, deformity or deficiency or age are given care and treatment on a prolonged or permanent basis.
shall mean a building or arrangement of buildings designed and occupied as temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied single for hire, in which there are not provisions for cooking in individual rooms or apartments.
shall mean pets kept indoors.
shall mean school for children of preschool age, in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
a slight structure, built for shelter or storage, which is a single story building with one side unenclosed.
shall mean a tract of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.
shall mean the total area of a lot upon which is placed a building, buildings or other structures.
a lot which is part of a subdivision, the plat of which has been recorded in the Office of the County Clerk of Denton County, Texas, prior to the effective date of this ordinance.
an establishment devoted to the fabrication, processing, assembling, cleaning or repair of articles, foods, liquids, and/or plants in a space of 15,000 square feet or greater, if in an enclosed building or in a space of 25,000 square feet or greater, if in an unenclosed or incompletely enclosed space.
shall mean brick or stone or stucco. As used herein, "stucco" shall mean exterior Portland cement, hand-applied in three (3) coats to a minimum thickness of 3/4 inches. Exposed or painted cement, concrete or cinder blocks, fiber cement siding or other materials of similar characteristics shall not be permitted or considered as masonry.
any machinery designed or manufactured for permanent installation in one place, either outside of a building or inside of a mechanical equipment building or room, driven by a motor or motors of more than five (5) horsepower or more.
shall mean the minimum square footage of living space required per dwelling unit, excluding porches, patios, or areas designated for automobile parking.
any vehicle used or manufactured to be used as a temporary or permanent dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirting so arranged as to be integral to or portable by the vehicle, and shall include self-propelled and non-self-propelled vehicles so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for one or more persons.
any lot, tract or parcel of land used in whole or in part for the parking of mobile homes used for or to be used as a temporary or permanent dwelling or sleeping place for one or more persons by the day or week, or for a longer period of time with or without compensation and where parking facilities are provided for one or more automobiles and mobile homes to be used for temporary or permanent dwellings.
an establishment which charges for the transportation of goods by motor truck from one city to another, designed for storing and handling of goods so transported or to be transported, and for the parking, storing and maintenance of motor trucks engaged in such transportation.
a building or buildings containing or aggregating more than four single family dwelling units.
an establishment of a dealer of new automobiles, authorized by the manufacturers of the automobiles.
pertaining to an enterprise which provides goods and/or services only to its members, stockholders or shareholders and their guests, and which returns all profits from the operation, if any, to the members, stockholders or shareholders, in accordance with their share of investment.
a building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments hereto, and which does not conform to the use regulations of the district in which it is situated.
an institution where persons suffering from generally permanent types of illness, injury, deformity, or deficiency of age are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or the Town of Double Oak.
a place where the transaction of business occurs exclusive of retail sales and transfer of goods, manufacturing and storage of commodities.
hard all-weather surface areas upon which automobiles may be parked and which area has access to a public street.
an institution where those persons suffering from generally permanent or prolonged types of illness or deficiency resulting from old age are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or the Town of Double Oak.
shall be all land designated for the recreational enjoyment and/or natural beauty of the area.
a signboard advertising a service, commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located.
the storage of commodities, goods and/ or refuse outside of an enclosed building.
a map indicating the proposed areas of common land usage on a tract of land three hundred (300) feet in depth adjacent to and within the total perimeter of the district.
a piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent by virtue of different ownership, rental lease, usage or occupancy.
a building or structure, the use of which is a principal use.
a use which, in comparison with another use occurring on the same property, has the greatest effective producing power.
excluding those who have not been invited.
a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored, possessed or consumed.
work performed by a member of a profession licensed as a profession by the State of Texas.
promotion of a public cause or service, including utilities having a franchise from the town of Double Oak, but excluding other profit-making organizations.
a place for the storage of railway cars, boxcars and engines.
an establishment which charges for the transport of goods by railway from one city to another, designed for storing and handling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars and engines.
a space unoccupied by a principal structure extending for the full width of the lot between a principal structure and the rear lot line.
shall be held to include a church as defined herein.
a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, or single articles as opposed to wholesale trade.
an establishment which provides upon a rental basis, either permanently or for a prolonged period of time, abiding places for single people in single rooms, but which does not provide temporary abode for transient persons.
the outside storage of refuse and the recovery of usable portions of same.
an accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters.
a slight structure, built for shelter or storage, which is a single story building with one or more sides unenclosed.
an open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
a portion of an enclosed building having accommodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot, area, front yard, side yard, rear yard, height and other zoning requirements.
an enclosed building having accommodations for and occupied by only one family, which building must of itself meet all the lot, area, front yard, side yard, rear yard, height and other zoning requirements and may include an attached private garage.
a meeting place for a women's organization, which maintains sleeping accommodations for its members or a portion thereof, but its members only.
See Home Occupations.
an accessory building for quartering horses on a farm or lot when set back from adjacent property lines a minimum distance per requirements of zone in which constructed.
that portion of a building between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above.
any public thoroughfare dedicated to the public and not designated as an alley.
shall mean a street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes.
shall mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
shall mean a single family attached dwelling on a separately platted lot which is joined at another dwelling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family.
shall mean a detached building containing three single family dwellings attached.
shall mean storage in an enclosed building 5,000 square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales spaces, but not including motor terminal facilities or railway freight station facilities.
shall mean a commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers.
shall mean the distance between the side property lines measured at the building nearest the front property line at the property line, measuring parallel to the front property line, perpendicular to a side line, or perpendicular to a line bisecting the angle between two side lines, whichever is least.
shall mean the least distance between a side wall of a building and the side line of the lot.
shall mean any excavation and the associated equipment used to extract liquid or gas from the earth.
shall mean any structure intended to cover the equipment associated with a well.
(Ordinance 37 adopted 2/27/88)