For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure”; the word “shall” is mandatory and not directive; the word “lot” includes the word “plot”; the term “used for” includes the meaning “designed for” or “intended for.” Said words and terms are as follows:
Accessory building or use.An “accessory building or use” is one which:
(1) Is subordinate to and serves a principal building or principal use; and
Is subordinate in area, extent or purpose to the principal building or principal use served; and
Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and
Is located on the same building lot as the principal building or principal use served; and
Includes home occupations which would be an occupation carried on within the walls of a dwelling unit and not visible or noticeable in any manner or form from outside the walls of the dwelling, except for a sign which identifies the home occupation and does not exceed two (2) square feet in area. The home occupation must not create noise or obnoxious conditions to abutting residential property, such as emission of odor, increased traffic, or generation of light or smoke.
Block face.A side of block facing upon a street, within which lots face the abutting street.
Build.To erect, convert, enlarge, reconstruct, or alter a building or structure.
Building.Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
Building height.The vertical distance from the average grade of the finished ground level at the center of all walls of a building to the highest finished roof surface in the case of flat roofs, or to a point at the average height of roofs having a pitch of more than one (1) foot in four and one-half (4-1/2) feet.
Building line.A line forming the rear of the required front yard, such line being generally parallel to the front lot line.
Building lot.A tract of land which, at the time of filing for a building permit, is intended 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 dedicated street or approved place.
Building width.Width of the building site left to be built upon after the required side yards are provided.
District.A zoning district which is a part of the city, wherein the regulations of this chapter are uniform.
Dwelling.A building or portion thereof, but not a mobile home, designed and used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels, motels or lodginghouses.
(1) Dwelling, multiple-family.A residential structure or portion thereof constructed for and/or occupied by three or more families and containing three or more dwelling units.
Dwelling unit.One or more rooms which are arranged, designed, used, or intended to be used for occupancy by a single family or group of persons living together as a family or by a single person. Bathrooms and kitchen facilities, permanently installed, are provided for each dwelling unit.
HUD-code manufactured home.A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. sec. 3282.8(g). (Tex. Rev. Civ. Stat. Ann. art. 5221f, sec. 3(9)).
Loading space.An area within the main building or on the same lot which provides for the standing, loading or unloading of trucks.
Lot.A tract or parcel of land which is occupied or intended to be occupied by a building or use having frontage on a dedicated street or approved place.
(1) Lot, corner.A building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed 135 degrees.
(3) Lot, through.A building lot where both the front and rear lot lines adjoin street lines. On a through lot both street lines shall be deemed front lot lines.
Lot area.The area of a horizontal plane intercepted by the vertical projections of the front, side and rear lot lines of a building lot.
Lot depth.The mean horizontal distance between the front lot line and the rear lot line of a building measured within the lot boundary.
Lot line.A boundary of a building lot.
(1) Lot line, front.The boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line provided a front and rear yard are established adjacent and opposite, respectively, to the front lot line.
(2) Lot line, rear.That boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line.
(3) Lot line, side.Any boundary of a building lot which is not a front lot line or a rear lot line.
Lot of record.An area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the state with the county clerk, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.
Lot width.The minimum distance measured in a straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building line opposite from the front lot line and one which must touch the building line at one point.
Mobile home.A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems. (Tex. Rev. Civ. Stat. Ann. art. 5221f, section 3(17)). As a matter of public health and safety and acting under the authority of state law (Tex. Rev. Civ. Stat. Ann. art. 5221f, section 4A(a)), upon passage of Ordinance 402 (December 18, 2001), the city shall prohibit the placement or location of a “mobile home,” as defined in this section, within the corporate limits of the city. Additionally, all other references to “mobile homes” or “trailer houses” within this chapter or elsewhere in this code shall be construed to mean “HUD-code manufactured housing,” as defined in this section.
Mobile home park.A unified development of three (3) or more mobile home spaces or stands arranged on a tract of land under private ownership.
Mobile home subdivision.A unified development of mobile home sites or lots which have been divided for the purpose of individual ownership.
Nonconforming building or lot.A “nonconforming building” is any building or structure within a district that does not comply with the height, parking, loading, coverage, area or screening regulations of the district in which it is located; a “nonconforming lot” is any lot within a district that does not conform to the width, depth and area regulations of the district in which it is located.
Nonconforming use.Any use within a district that is not specifically permitted by the use regulations of the district in which it is located.
Nuisance.Any cause or source of annoyance or harm to person or property in a particular locality which constitutes an invasion or disturbance of another’s rights.
Open storage.The storage of any equipment, machinery, commodities, raw or semifinished materials, and building materials which is visible from any point on the building lot line when viewed from ground level to six (6) feet above ground level.
Parking space.A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with the street or alley and permitting ingress or egress of an automobile. A parking space shall not occupy any public land.
Stand.An area within a mobile home park which has been improved for a single mobile home.
Travel trailer park.A unified development under private ownership designed primarily for transient service on which travel trailers, pickup coaches, and self-propelled motorized vehicles are parked, situated or used for the purpose of supplying to the public a parking space for such vehicles.
Use.The “use” of property is the purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
Utility installation, public or private.Any public or private utility installation, franchised or otherwise approved by the city, providing required utility services to the community and surrounding area.
Variance.An adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, 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 districts. The special use is subject to reasonable conditions imposed by the city for the protection of the health, safety, morals and welfare of the citizens of the city.
Wood and lumber products.Includes logging camps and contractors; sawmills and planing mills; and the manufacturing of millwork, veneer, plywood, prefabricated structural wood products, wood furniture, and other lumber and wood products.
Wrecking yard, junk or salvage.A yard or building where automobiles, machinery, appliances or other used commodities and equipment are stored, dismantled, and/or offered for sale as whole units or as salvaged parts.
Yard.An open space on the same building lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. 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 is located.
(1) Yard, required front.A yard extending along the front lot line between the side lot lines, the depth of which is measured from the front lot line and the dimension of which is in accordance with the front yard requirements for the district in which it is located.
(2) Yard, required rear.A yard extending along the rear lot line between the side lot lines, the depth of which is measured from the rear lot line and the dimension of which is in accordance with the rear yard requirements for the district in which it is located.
(3) Yard, required side.A yard extending along the side lot line between the front and rear yards, the width of which is measured from the side lot line and the dimension of which is in accordance with the side yard requirements for the district in which it is located.
Zoning map.The map or maps incorporated into this chapter by reference.
(1995 Code, sec. 15-48; Ordinance 402 adopted 12/18/01)
