The following definitions are called for and referred to in various sections of this ordinance.
Accessory building or useis one which:
1. Is subordinate to and serves a principal building or principal use;
2. Is subordinate in area, extent, or purpose to the principal use served;
3. Contributes to the comfort, convenience, and necessity of the occupants of the principal building or principal use served.
“Accessory,” when used in the text, shall have the same meaning as accessory use. An accessory building may be part of the principal building. |
Alleyis a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abuts on a public street as that term is defined herein.
Apartmentis an enclosed space consisting of one (1) or more rooms plus a dedicated kitchen and bath occupying all or part of a floor in a building of one (1) or more floors or stories regardless of whether it be designed for residence, for office, for the operation of any industry, business, or for any type of independent use, provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare.
Apartment houseis any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied as three (3) or more dwelling apartments exclusively for residential occupancy.
Awningis a roof-like cove of temporary nature which projects from the wall of a building.
Blockis a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, airport boundaries, bulkhead lines (or shorelines where no bulkhead lines have been established) or corporate boundary lines of the City of El Lago.
Block faceis a side of block facing, and in which lots face, an abutting street.
Boardshall mean the board of adjustment.
Buildmeans to erect, convert, enlarge, reconstruct, restore or alter a building or structure.
Buildingis any structure, which is built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
Building, completely enclosed,is a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls pierced only by windows and normal entrance and exit doors.
Building faceis that portion of a building surrounded completely enclosed.
Building heightis the vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the coping of a flat, shed, or folded plane roof, to the mean height level between eaves and ridge for gable, hip, and gambrel roofs; or to the mean height level between the spring line (the line or place at which an arch or vault curve springs from its impost) and the highest point of the structure. For the purposes of this ordinance, the measurement of a building height shall not include chimneys, spires, ornamental towers, antenna, monuments, cooling towers, tanks, water towers, fire towers, necessary mechanical appurtenances, stage towers or scenery lofts, or similar appurtenances.
Building lineis the rear line of a required front yard which is generally parallel to the street line forming the front lot line.
Building, principal,is a nonaccessory building in which a principal use of the lot on which it is located is conducted. All residential uses, except bona fide servant quarters, are principal uses.
Building widthof a building site is the width of the building site left to be built upon after the required yards provided.
Bulkheadis a retaining wall engineered to retard and prevent the erosion of the banks of a lake or other body of water from sloughing off.
Car washis a building or portion thereof containing facilities for washing automobiles, using production line methods with chain conveyor, blower, steam cleaning device or other mechanical devices.
Certificate of occupancyis a permit given by the city building official to the owner of a premises to denote that the building is habitable by humans in terms of health, safety and welfare.
Cityshall refer to the City of El Lago.
City of El Lago standardsas used herein, shall mean the standards for streets and alleys, storm sewer lines and appurtenant structures, water lines and appurtenant structures, sanitary lines and appurtenant structures which have been adopted by the city council or Harris County Water Control and Improvement District No. 50 and which may be amended from time to time and are hereby referred.
Clinicis a building in which a group of physicians, dentists, or physicians and dentists and allied professional assistants are associated for the purpose of treating and diagnosing ill or injured outpatients. The clinic may include a dental or medical laboratory and excludes animal clinics.
Club or lodgeis an associations of person for the promotion of some nonprofit common objective, such as literature, science, politics, good fellowship and similar objectives, which meets periodically and which is limited to members.
Commissionshall mean the Planning and Zoning Commission of El Lago, Texas.
Condominiumis a structure which is one (1) of a series of dwelling units, each with a dedicated bath and kitchen designed for single-family occupancy, where dwelling units are structurally connected or immediately adjacent to and abutting each other, which have common elements and each individual unit or dwelling is individually owned.
Condominium projectis a real estate plan or project whereby four (4) or more dwelling units in existing or proposed buildings or structures are offered for sale or proposed to be offered for sale to separate owners of single units in structures or multiple unit structures with common elements.
Constructed driveis a road or driveway with a visually continuous surface built for driving or parking a vehicle.
Councilshall mean the City Council of the City of El Lago, Texas.
Courtis an open unoccupied space, bounded on more than two (2) sides by the walls of the building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one (1) side open to a street, alley, or yard or other permanent open space.
Curb levelfor any building is the mean level at the established curb in front of such building. Where no curb elevation has been established, the mean elevation of the finished lot adjacent to the front of the building shall be considered curb level.
Densityis the number of dwelling units permitted per gross area of land, exclusive of public streets and easements.
Density, gross,is the total number of dwelling units on a site divided by the base site acres.
Development or to developincludes the construction of one (1) or more new buildings or structures on one (1) or more building lots, the location of an existing building or another building lot, or the use of open land for a new use. To develop is to create a development.
Districtis a zoning district and shall be one of five (5) general types:
Zone A - Single-Family Residential District |
Zone B - Commercial and Business District (has multifamily residents in this district) |
Zone C - Limited Two-Family Residential District |
Zone D - Club or Public Facility District |
Zone E - Residential Reserve District |
District, zoning,is a part of the city as delineated on the official zoning map, wherein regulations of this ordinance are uniform.
Dwellingis a building or portion thereof designated or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multifamily dwellings, but not including hotels or motels.
Dwelling, attachedis one which is joined to another dwelling at one (1) or more sides by a partial wall or walls.
Dwelling, multifamily,is a building or portion thereof constructed for or occupied by three (3) or more dwelling units. For the purposes of this ordinance, fraternity and sorority houses, apartment houses and townhouses are multiple-family dwellings.
Dwelling, single-family,is a building containing only one (1) dwelling unit and occupied by only one (1) family. For purposes of gaining permission to locate in the district, a mobile home and a manufactured home are not single-family dwellings. A modular home is a single-family dwelling.
Dwelling unitconsists of one (1) or more rooms, which are arranged, designed or used as separate living quarters for an individual.
Easementis a right granted for the purpose of limited public or semipublic use across, over or under private property for a specified purpose or purposes.
Familyis an individual or two (2) or more persons related by blood, marriage or adoption or a group of not more than five (5) persons (excluding servants), who need not be related by blood or marriage, living in a dwelling unit.
Fence or fencingis defined as a barrier intended to prevent escape or intrusion or to mark a boundary; such a barrier is made of posts and wire or boards or masonry material, and is used to prevent entrance, to confine or to mark a boundary.
Fence, picketis a painted or stained wooden fence with a maximum height of four (4) feet, supporting posts with a maximum height of five (5) feet, and wooden vertical boards with a maximum size of one (1) inch by six (6) inches spaced apart from each other at least the distance of one-half (1/2) of the width of the vertical board used; for e.g. two-inch spacing for a picket-fence using one-inch by four-inch vertical boards, three-inch spacing for a picket fence using one-inch by six-inch vertical boards, etc.
Fence, securityis a painted tubular or square metal fence with a maximum height of six (6) feet eight (8) inches and metal vertical posts spaced a maximum of six (6) inches on center together with painted masonry or stucco columns with a maximum height of eight (8) feet interspersed between the metal posts and spaced a maximum of twelve (12) feet on center.
Galleryis a commercial establishment operated for the display of works of art, including the regular sale or distribution thereof.
Garage dwellingis a garage apartment built in or above a garage and used as a dwelling.
Garage, private,is an accessory building designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory.
Garage, public,is a building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.
Health serviceis a charitable or governmental operated facility offering to the public medical examination, diagnosis and limited treatment not for profit.
Height, Buildingis the maximum height of a building permitted on a lot. Building height is determined from the vertical distance as measured from a minimum elevation of fifteen and seven-tenths feet above sea level to the highest point on a building, excluding chimneys and antennas.
Home operationsis any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purpose and which is carried on in the main dwelling unit or in a garage not exceeding two (2) normal vehicle bays.
Hospitalis a legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, nursing facilities and the prolonged care of bed patients. Clinics may have some but not all of these facilities.
Hotelis an establishment commonly known as a hotel in the community in which it is located and which provides customary hotel services. For the purpose of this ordinance, hotels shall be considered nonresidential uses.
Improved surfacemeans a constructed pad, excluding a driveway, the surface of which is comprised of masonry constructed to a depth sufficient to distribute the weight of a vehicle or equipment over such area to preclude deterioration and deflection of the area due to vehicle or equipment load, adverse weather, or other conditions. Examples of materials with which an improved surface might be constructed include brick, concrete, stone, or other materials approved by the city engineer or designee.
Intensityis the degree to which land is allowed to be used for development. See Density.
Junkyard or salvage yardis a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard or salvage yard includes an automobile wrecking yard and automobile parts yard. A junkyard or salvage yard does not include such uses conducted entirely within a completely enclosed building.
Landscape surface areais the surface area of land not covered by any buildings, storage areas, or impervious surface. These areas shall be maintained as lawn, landscaping or a natural area and may be left undisturbed.
Lotis a physically undivided tract or parcel of land having frontage on a public street or other approved facilities and which is or in the future may be offered for sale, conveyance, transfer, or improvement; which is designated as a distinct and separate tract and which is identified by a tract which has been properly recorded.
Lot areais the area of a horizontal plane bounded by the front, side and rear lot lines of a building lot, and for the purposes of this ordinance, shall include any portions of an easement which may exist within such property lines.
Lot, building,is a single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two (2) or more building lots, subject to the provisions of this ordinance.
Lot, corner,is a building lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees.
Lot coverageis the amount of lot area covered by principal structures excluding roof overhang.
Lot, double coverage,is a building lot not a corner lot, which adjoins two (2) street lines, which are opposite each other and which are parallel or within forty-five (45) degrees of being parallel to each other. On a double frontage lot, both street lines shall be deemed front lot lines.
Lot lineis a boundary of a building lot.
Lot line, front,shall be any boundary of a building lot, which is the line of an existing or dedicated street.
Lot line, rear,shall be any boundary of a building lot, which is most distant from the front lot line and which is most nearly parallel to the front lot line.
Lot line, side,shall be any boundary of a building lot, which is not a front lot line or a rear lot line.
Lot of recordis an area of land designated as a lot or a plat of subdivision recorded pursuant to statute with the County Clerk of Harris County, Texas, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the County Clerk of Harris County, Texas.
Lot, reversed corner,is a corner lot, the rear lot line of which abuts the side lot line of the lot on its rear.
Lot widthis the length of line (drawn perpendicular to the lot depth line at its point of intersection with the front yard line) connecting the side lot lines.
Manufactured homeis a structure constructed on or after June 15, 1976, according to the rules of the United States Department Of Housing And Urban Development, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width, forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems.
Mixed residentialdescribes a structure with residential units for sale or rent that may also have ground floor retail sales, service businesses, or restaurant uses.
Mobile homeis a structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems.
Mobile satellite dishesare those mounted on wheels or other portable bases and which are not a permanent structure placed on a specific lot or premises.
Modular componentis a structural portion of any dwelling or building that is constructed at a location other than the home site in such a manner that its construction cannot be adequately inspected for code compliance at a home site without damage or without removal of a part thereof and reconstruction.
Modular homeis a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation. The term shall not mean nor apply to (i) housing constructed of sectional or panelized systems not utilizing modular components; or (ii) any ready built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Motel, tourist court,is an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space which establishment is located on a single lot and designed for use by transient tourists. A motel furnishes customary hotel service, such as maid service, laundry, linens, telephone or desk service and the use and upkeep of furniture. For the purposes of this ordinance, a motel is for nonresidential use.
Motor freight terminalis a building or area in which freight brought by motor truck is assembled and is stored for riding in interstate and intrastate shipment by motor truck. A motor freight terminal is a truck terminal.
Museumis an establishment operated as a nonprofit, noncommercial repository for a collection of scientific, natural, or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.
Open spaceis that part of a building lot, including courts or yards, which are open and unobstructed from its lowest level to the sky, which is accessible to all residents upon a building lot, which is not part of a roof and which does not include court recesses.
Open storageis the storage of any equipment, machinery, building materials, or commodities including raw, semifinished, and finished materials, the storage of which is not accessory to a residential use, and which is visible from any point on the building lot when viewed from ground level. Vehicular parking is not open storage.
Pervious areais a description of a surface that presents an opportunity for precipitation to infiltrate into the ground.
Pieris any pier, wharf, structure, boat dock, boathouse, gangway or other platform or structure in or adjoining the water to which vessels may be moored, by which they may be boarded or on which persons may walk or sit.
Placeis an open, unoccupied area, other than a street, and may be what is commonly referred to as a court, arcade, mall or parking area that is permanently reserved as the principal means of access to abutting properties, which area shall not be within any required yard area or building and which shall have been first approved by the city planning and zoning commission as to size, surface, improvements, drainage, form and location, and shall not be subject to public maintenance.
Portable buildingis any structure which can be removed from its slab and moved to another location. Portable buildings cannot be used for dwelling purposes, but are primarily for storage purposes.
Public streetis any area, parcel or strip of land which provides primary vehicular access to adjacent property or land whether designated as a street, highway, freeway, thoroughfare, parkway, avenue, lane, boulevard, road, place, drive, or however otherwise designated. The term “public street” as used in this ordinance shall include, but not be limited to the following:
1. Any area, strip or parcel of land which does or is intended to provide a connection for vehicular access of the public between two (2) public streets in the City of El Lago, Texas.
2. Minor street is used primarily for access to abutting residential properties and which is intended to serve traffic within a limited residential area.
3. Collector, secondary or major streets are public streets so designated in the comprehensive master plan of the City of El Lago.
4. Cul-de-sac is a short public street having but one (1) opening or access to another public street and is terminated by a permanent vehicular turnaround not to exceed six hundred (600) feet except in high density areas or more than fifteen (15) units per acre, where it shall not exceed three hundred (300) feet.
5. Dead end is that portion of a public street, other than a cul-de-sac, that has only one (1) opening or access to another public street, and which may be extended at a later date.
Notwithstanding the foregoing definitions, however, the following shall not be considered public streets within the purview of this ordinance, namely: |
a. | Any driveway designed or used primarily to provide vehicular access to the outbuilding appurtenant to any principal building, or to provide vehicular access to delivery platforms or entrances of a building appropriate for delivery thereto of goods or merchandise and located wholly on private property. |
b. | An area appurtenant to a store or group of stores, a theater, a church, or any similar establishment, designed or used primarily for a vehicular parking lot or vehicular parking facilities by customers, patrons or employees of the establishment or group of establishments in question. |
c. | An entrance or roadway designed or used to provide either vehicular entrance to or communication or passage between the several units of a single industrial or commercial establishment or to a group of such establishments which are under common control or management; provided such industrial or commercial entranceway or roadway shall be considered a public street under the terms of this ordinance if it has entrances upon two (2) or more public streets, unless there are at each of such entrances, gates, chains, or watchmen by which all persons are prevented from using the same except those employed by or having business to conduct at such industrial or commercial establishments in question; or |
d. | An entrance or driveway, designed or used to provide principal or primary vehicular access to an apartment building or group of apartment buildings designed for multifamily occupancy and under one (1) ownership and in which all dwelling units and parts of dwelling units in the said apartment development have unobstructed vehicular access. |
Residential useshall be construed to include single-family residential uses, two-family residential uses and multiple-family residential apartment, condominium or townhouse uses.
Rest home or nursing homeis a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such homes do not contain equipment for surgical care or the treatment of disease or injury.
Screening deviceshall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density and acceptable design, at least six (6) feet in height, where the solid area equals at least sixty-five (65) percent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained.
Servants’ quartersare an accessory building or portion of a main building located on the same lot as the main building, occupied only by such persons and their families as are employed as household servants by the occupants of the principal residence.
Setbackis a stated minimum distance on a lot as measured from a lot line.
Signis a name, identification, description, display or illumination which is affixed to or represented directly or indirectly upon a building, structure, or piece of land, which sign directs attention to an object, product, place, activity, institution, or business conducted upon the premises on which the sign is located. However, a sign shall not include any display of official court or public office notice nor shall it include the flag, emblem, or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building.
Sign, advertising,is a sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed. A billboard or poster panel is an advertising sign.
Sign, business,is a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises.
Sign, flashing,is any illuminated sign on which the artificial light is not maintained stationary or constant in intensity or color at all times when such sign is in use. For the purposes of this ordinance, any revolving illuminated sign shall be considered a flashing sign.
Sign, illuminated,is any sign designed to give forth any artificial light or to reflect light from one (1) or more sources, natural or artificial.
Storyis that part of a building between the surface of a floor and the ceiling immediately above. A basement is considered a story when more than one-half of such basement height is above the curb level.
Story, half,is a space under a sloping roof at the top of the building, the floor of which is not more than two (2) feet below the plat. Such space shall be counted as a half-story when not more than sixty (60) percent of said floor area is used for rooms, baths, or toilets. A half-story containing an independent dwelling unit shall be counted as a full story.
Structureis any man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
Swimming poolis a receptacle for water or an artificial pool of water having a depth at any point of more than two (2) feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment.
Townhouseis a single-family dwelling unit structure having a common wall with one (1) or more adjoining dwelling unit structures and each individual unit is separately owned.
Townhouse projectis a real estate project or plan whereby four (4) or more dwelling units in existing or proposed buildings or structures are offered or proposed to be offered for sale to separate owners of single units in structures or multiple unit structures.
Tree, canopy,is a tree called a shade tree and typically reaches heights of fifty (50) to one hundred (100) feet at maturity.
Use of propertyis the purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied or maintained.
Use, principal,is the main use of land or buildings as distinguished from the subordinate or accessory use.
Veneeris a layer of wood, stone or brick used in covering the surface of cheaper wood, stone or brick.
Yardis an open space on the same building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the minimum horizontal distance between the lot line and the building line shall be used. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building lot is located.
Yard, front,is a yard extending along the whole length of the front lot line between the side lot lines and being a maximum horizontal distance between the front lot line and the main building or any projections thereof other than steps and unenclosed porches.
Yard, rearis a yard extending across the rear of a lot between the side lot lines and being the minimum distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, or unenclosed porches.
Zoning district mapis a map incorporated into this ordinance as part thereof by reference thereto.
(Ordinance 350, sec. 2, adopted 3/20/06; Ordinance 381, sec. 7, adopted 2/3/10)