Hempstead City Zoning Code
ARTICLE 10
Definitions
§ 10.01 General Definitions.
For the purpose of these regulations, words used in the present tense include the future tenses; words used in the singular number include the plural, and words in the plural include the singular, except where the natural and obvious construction of the writing indicates otherwise. The word “may” is not discretionary unless the context in which it is used indicates otherwise. The word must and shall are mandatory in every instance. For purpose of this Ordinance, certain terms and words are to be used and interpreted as hereinafter defined.
10.01.01
A-Weighted Sound Pressure Level:
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read shall be designated dB(A) or dBA.
10.01.02
Abandonment:
A nonconforming use shall be considered abandoned when:
A.
The intent of the owner to discontinue the use is apparent; or
B.
The characteristic utilities, equipment and furnishings of the nonconforming use have been disconnected or removed from the premises and have not been replaced by similar items within ninety (90) days; or
C.
The nonconforming use becomes vacant and remains unoccupied for a period of ninety (90) days; or
D.
A nonconforming use has been replaced by a conforming use.
10.01.03
Accessory Apartment:
A single dwelling unit which is clearly secondary and accessory to the main dwelling unit on a residential lot, and containing not more than one thousand (1,000) square feet of habitable floor area.
10.01.04
Accessory Building:
A building customarily incidental and subordinate to the main building or use located on the same lot with the main building.
10.01.05
Accessory Use:
A land use activity that is customarily incidental, appropriate and subordinate to the principal use of the land or buildings located upon the same premises.
10.01.06
Adult Bookstore:
An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
10.01.07
Adult Mini Motion Picture Theater or Arcade:
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on or depicting or describing sexual conduct or specified anatomical areas.
10.01.08
Adult Motel:
A motel wherein material is presented which is distinguished or characterized by an emphasis on or depicting or describing sexual conduct or specified anatomical areas.
10.01.09
Adult Motion Picture Theater:
An enclosed building with a capacity of more than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
10.01.10
Adult Use:
“Sexually Oriented Business” regulated under the terms of Hempstead Ordinance 98-114 [Article 5.07 of the Code of Ordinances].
10.01.11
Agriculture:
The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for the packing, crating, or storing of produce; provided, however, the operation of any such accessory use must be secondary to that of the normal agricultural activities. The operation of commercial feed lots, sales yards and auction yards for cattle, hogs, or sheep, is deemed an industrial and not an agricultural land use.
10.01.12
Alley:
A minor public right-of-way that 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 abut on a “public street” as that term is defined herein.
10.01.14
Ambient:
The average atmospheric or water condition existing naturally in any particular area of interest at any one (1) time.
10.01.15
Apartment:
Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is used as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the said building.
10.01.16
Automobile Salvage Wrecking Yard:
A parcel of land where motor vehicles are disassembled, dismantled, junked or wrecked, or where motor vehicles not in operable condition and used automobile parts are stored.
10.01.17
Automobile Service Station:
Any parcel of land, including the structures thereon, used for the sale of gasoline, oil, or other fuels, and automobile accessories, and which may include facilities for lubricating, washing, cleaning, mechanical repair, and other normal servicing of automobiles. Painting is not within the scope of “other normal servicing.”
10.01.18
Automobile Wash:
A facility designed primarily for washing automobiles.
10.01.19
Automobile:
A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses, vans, motor scooters, and motorcycles.
10.01.20
Average Grade:
The grade of the finished ground level at the midpoint of each exterior surface of a sign, or a structure, in the event that the sign is attached to the structure.
10.01.21
Bar, Dance Hall, Lounge, Nightclub, or Tavern:
An establishment for the sale of beer or intoxicating liquor for consumption on the premises.
10.01.22
Bed and Breakfast Home:
A building or place where lodging is provided by prearrangement for definite periods, for compensation, for not more than twelve (12) persons.
10.01.23
Berm:
An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
10.01.24
Block:
A parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way, parks, etc., or a combination thereof
10.01.25
Board of Adjustment:
The Board of Adjustment of the City of Hempstead, Texas.
10.01.26
Boarding House:
A dwelling other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals, or lodging and meals are provided for three or more persons. The lodging of seven (7) or more individuals is prima facie evidence of the operation of a bed and breakfast as defined in this Ordinance.
10.01.27
Boundary Property Line:
The near side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the boundary property line.
10.01.28
Building Area:
That portion of a lot upon which buildings may be placed, excluding required yards and limited by the maximum building coverage as specified for each zoning district. (See Graphic 10-A, at the end of this section of the Ordinance.)
10.01.29
Building Coverage:
The percent of the lot area covered by the building exclusive of all overhanging roofs.
10.01.30
Building Line:
A line established generally parallel to the front street line. No building or structure may be permitted in the area between the building line and the street right-of-way line.
10.01.31
Building Site:
A single parcel of land occupied or intended to be occupied by a building or structure.
10.01.32
Building:
Any structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.
A.
Primary:
A building in which the primary activity associated with the lot is conducted. In any residential zoning district, any dwelling shall be considered the primary building.
B.
Secondary:
A building customarily incidental and subordinate to the primary building located on the same lot.
C.
Storage/Portable:
A nonresidential, pre-manufactured or site-built structure, normally less than one hundred and fifty (150) square feet in floor area, and commonly used for the storage of equipment and other items associated with residential living.
10.01.33
Cabaret:
A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, “go-go” dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
10.01.34
Carport:
A permanent roofed structure open on at least two sides, designed for the parking and shelter of private passenger vehicles.
10.01.35
Child Care Facility:
A facility that provides care, training, education, custody or supervision for more than six (6) children under the age of fourteen (14) years of age who are not related by blood, marriage or adoption to the adult occupant of the associated structure.
10.01.36
City Council:
The governing body of the City of Hempstead, Texas.
10.01.37
Clinic:
A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including but not limited to dental and physician services.
10.01.38
Cluster Development:
A method of development for land that permits variation in lot sizes without an increase in the overall density of population or development. Each lot in a cluster sequence should be considered in relation to the entire group of which it is a part. This allows subdivisions with varying lot sizes so as to provide home-buyers with a choice of lot sizes according to their needs and preserves open space, tree cover, scenic vistas, natural drainage ways and outstanding topography. Such measures prevent soil erosion by permitting development according to the nature of the terrain; provides larger open areas with greater utility for rest and recreation; and encourages the development of more attractive and economic site design.
10.01.39
Comprehensive City Plan:
The planning document and related material officially adopted by the City of Hempstead, containing the goals, objectives, and policies pertaining to land use, community facilities, infrastructure, circulation, housing, and other subjects related to the growth and development of the City.
10.01.40
Condominium:
An estate in land and a form of property ownership as defined by Texas state law.
10.01.41
Convalescent, Rest, Nursing, or Extended Care Facility:
A health care facility where persons are housed, furnished with meals, and provided with continuing nursing care for compensation.
10.01.42
Day Care Facility:
See Section “Child Care Facility” above.
10.01.43
Daytime:
The hours between sunrise and sunset on any given day.
10.01.44
Decibel:
The unit measurement of sound pressure.
10.01.45
Density Transfer or Dwelling Unit Clustering:
The substitution of common open space for private open space relinquished by the waiver of minimum yard requirements for individual buildings in a residential environment. The average density in dwelling units per acre for the total planned area remains the same as permitted in the appropriate zoning district before the clustering. For an illustration of Dwelling Unit Clustering see Graphic 10-C at the end of this section of the Ordinance.
10.01.46
Development:
The division of a parcel of land into two (2) or more parts; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.
10.01.47
District Zoning:
Any section or sections of the City of Hempstead for which regulations governing the use of buildings and/or premises are described in Article 4 [Article 3] of this Ordinance and as shown on the Official Zoning Map of Hempstead.
10.01.48
Drainage:
The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water-supply preservation or prevention or alleviation of flooding.
10.01.49
Dwelling or Dwelling Unit:
Any portion of a building used, intended or designed as a separate abode for a family.
A.
Attached:
A dwelling having one or more walls common with a principal building, or joined to a principal building by a covered porch, loggia, or passage way, the roof of which is a part or extension of the principal building.
B.
Detached:
A dwelling which is fully separated from any other building or joined to another building by structural members not constituting an enclosed or covered space.
C.
Mixed-Use:
A dwelling unit which is a part of a project which may be composed of residential, office, and commercial land use activities.
D.
Multiple-Family Dwelling:
A dwelling designed for occupancy by two (2) or more families living independently of each other as tenants, exclusive of recreational vehicle camps, hotels, motels, or resort facilities.
E.
Townhouse or Rowhouse Dwelling:
Three (3) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be rented or owned by one family.
F.
Zero Lot Line Dwelling:
A dwelling located on a lot in such a manner that one or more of the dwelling's sides rest directly on a lot line.
10.01.50
Easement:
The area for and a right granted thereon for the purpose of limited public or semi-public use across, over, or under private property for a specified purpose or purposes.
10.01.51
Erect:
To build, construct, alter, reconstruct, pour, lay, move upon, attach, hang, place, suspend or affix, and also includes the painting of wall signs, murals or super graphics, or any physical operation on the premises which are required for the construction of a sign including excavation, site clearance, landfill, and the like.
10.01.52
Family:
One or more persons related by blood or marriage, including adopted children, or a group of not to exceed five (5) persons not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, motel, club or similar dwelling for group use.
10.01.53
Farm:
See “Agriculture” above.
10.01.54
Farm Animals:
Animals customarily associated with farming and ranching. They include but are not limited to cattle, swine, horses, mules, donkeys, sheep, goats, ostriches, emus, chickens, ducks, and geese.
10.01.55
Floor Area:
A.
Gross:
The sum of the horizontal areas of all floors of a building, measured from the exterior faces of exterior walls or from the centerline of the walls separating two buildings, and including but not limited to:
1.
Basements;
2.
Elevator shafts and stairwells of each floor;
3.
Floor space for mechanical equipment with structural headroom of seven feet;
4.
Penthouses;
5.
Attic space providing headroom of seven feet or more;
6.
Interior balconies, mezzanines, enclosed covered porches and steps;
7.
Accessory uses in enclosed covered space, but not including space used for off-street parking.
B.
Net:
The total floor area within a building devoted or intended to be devoted to a particular use, within structural headroom of seven feet or more, whether above or below the finished lot grade, and excluding items A.2, A.3, and A.7 above.
C.
Ratio:
A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located.
10.01.57
Frequency:
The number of times per second a vibration or sound wave oscillates.
10.01.58
Frontage:
The measure of property on one side of a street, closest to the street right-of-way, and between the two side property lines associated with the same tract of land.
10.01.59
Garage Apartment:
A dwelling unit for one family erected above a private garage.
10.01.60
Garage:
A.
Private:
An accessory building or part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests for the building to which it is accessory.
B.
Public:
Any garage other than a private garage available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.
10.01.61
Gasoline Service Station:
See “Service Station” [“Automobile Service Station”].
10.01.62
Ground Cover:
Plants, normally reaching an average maximum height of not more than 24 inches at maturity.
10.01.63
Group Home:
An interim or permanent residential facility shared by six (6) or fewer people who do not meet the definition of “family” including any resident staff who share a single housekeeping unit.
10.01.64
Heavy Equipment:
Motorized, self-propelled rolling stock, generally associated with earth moving, grading, scraping, building site preparation, and infrastructure or real estate development.
10.01.65
High Rise Building:
A structure of more than six (6) stories in height.
10.01.66
Home Occupation:
An occupation that is incidental and secondary to the primary use of the premises as a residence, and which is not detrimental to adjoining properties. (Please see Article 4, of this Ordinance.)
10.01.67
Homeowners’ Association:
A formal nonprofit organization operating under recorded land agreements through which (1) each lot and/or homeowner in a residential subdivision or a planned unit development is automatically made a member, and (2) each lot is automatically made subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintenance of common property, and (3) the fee if unpaid becomes a lien against the nonpaying homeowner's property.
10.01.68
Hospital:
An institution providing health services primarily for human inpatient, medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.
10.01.69
Hotel or Motel:
Furnished, temporary living quarters that charge daily rates and are normally intended for overnight or a few days’ accommodations. Hotels and motels do not include accommodations that are intended for extended stay or permanent living quarters.
10.01.70
Indirect Lighting:
A light source separated from the surface and illuminating the sign surface by means of spotlights or similar surfaces.
10.01.71
Industrialized or Modular Home:
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 system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. 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 borne 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.
10.01.72
Ionizing Radiation:
Gamma rays and X-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light.
10.01.73
Junk Yard:
A place where waste, discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled, or cleaned, and the places or yards for the storage of salvaged materials and equipment from housing wrecking and salvaged structural steel materials and equipment, but excluding establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture, and household equipment, and the processing of used, discarded or salvaged materials as a part of manufacturing operations.
10.01.74
Landscaping:
Any combination of living plants such as grass, ground cover, shrubs, vines, hedges, or trees.
10.01.75
Loading Space:
A space within the main building or on the same lot therewith, provided for the standing, loading or unloading of trucks and having minimum dimensions of twelve (12) by sixty (60) feet.
10.01.76
Lot:
A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) principal building together with its accessory buildings, open spaces and parking spaces required by this Ordinance, and having its principal frontage upon a street or upon an officially approved point of access. (See Graphic 10-B, at the end of this section of the Ordinance.)
A.
Corner:
A lot abutting upon two (2) or more streets at their intersection.
B.
Depth:
The perpendicular distance between the front and the rear lot lines.
C.
Double-Frontage:
A lot having direct access to two parallel public streets. For purposes of this Ordinance, land abutting such streets shall be considered “front yards.” (See Graphic 10-B.)
D.
Line:
The boundary line of the property.
E.
Frontage:
The yard or yards nearest the street.
F.
Rear Line:
The boundary of a lot which is most distant from, and most nearly parallel to the front lot line.
G.
Side Line:
Lines running between the front and rear property lines.
10.01.77
Manufactured Home:
A structure, constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one or more sections, which in the travel 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 and twenty (320) or more square feet in area, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, and electrical systems. This term does not include recreational vehicles.
10.01.78
Massage Parlor:
Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
10.01.79
Massage Therapy Clinic:
Any place of business in which massage therapy is practiced by a massage therapist, as defined by Texas Law. “Massage therapy,” as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub[,] shower, or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myotherapy, or any derivation of those terms. The terms “therapy” and “therapeutic” do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.
10.01.80
Mixed-Use Project:
A real estate complex which may include residential, office, commercial, and other diverse forms of land use activity; frequently created as a planned unit development.
10.01.81
Mobile Home Pad Area:
An area designed for the exclusive use of an individual mobile home.
10.01.82
Mobile Home Park:
Any development site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long-term occupancy for more than thirty (30) days of two (2) or more mobile homes or manufactured homes, including all buildings used or maintained for the use of the residents of the development. This term is not to be used in conjunction with any mobile homes or trailer sales lots which contain unoccupied units that are intended for purposes of inspection and sale. This term shall apply to both the lease and sale of pads or lots.
10.01.83
Mobile Home:
A movable, detached single-family dwelling unit, constructed before June 15, 1976, and conforming to the minimum housing code requirements of both the State of Texas and Hempstead, for permanent long-term occupancy; is constructed or fabricated within a factory, complete with an integral utility system capable of being connected to an outside system; can be transported over the road on its own chassis and wheels to the site where it is to be connected semi-permanently to a separate utility system and is not permanently attached to any foundation as required for permanent conventional dwelling or structure.
10.01.84
Model Studio:
Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by members of the general public paying such consideration or gratuity.
10.01.85
Modular or Industrialized Home:
See “Industrialized or Modular Home” above.
10.01.86
Motel or Motor Lodge:
See “Hotel” above.
10.01.87
Nonconformance:
A condition of a structure or land which does not conform to the regulations of the zoning district in which it is situated. This may include but is not limited to a failure to conform to use, height, area, coverage, or off-street parking requirements.
10.01.88
Nonconforming Use:
A structure or parcel of land occupied by a land use activity that does not conform to the regulations of this Zoning Ordinance and the district in which it is situated and which has been identified as a nonconforming use by the Board of Adjustment.
10.01.89
Octave Band:
A portion of the audible sound spectrum. An Octave Band Analyzer divides the audible sound spectrum into eight (8) octave bands.
10.01.90
Odor Threshold:
The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve.
10.01.91
Odorous Matter:
Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes, and mists which cause an odor sensation to human beings.
10.01.92
Office Complex:
Means two or more offices, sharing customer parking area, regardless of whether said offices or office establishments occupy separate structures or are under separate ownership, or on separate tracts of land.
10.01.93
Open Storage and Display:
The storage of any equipment, machinery, commodities, raw[,] semi-finished or finished materials, and building materials, which is visible from any public street.
10.01.94
Parking, Interior:
Parking rows which are not located on the periphery of the proposed project site and further, where none of the parking spaces abut any property line associated with the project site.
10.01.96
Parking Space:
A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. For the purposes of this Ordinance, the size of a parking space shall be in conformance with Article 6 [Article 5], of this Ordinance.
10.01.97
Particulate Matter:
Finely divided solid or liquid matter, other than water, which is released into the atmosphere.
10.01.98
Paving:
A system of structuring base material and sealing an impervious wear surface, done in accordance with specifications provided by the Zoning Officer.
10.01.99
Person:
Any individual, firm, corporation, partnership or association of persons of whatever nature or description.
10.01.100
Planned Unit Development or Cluster:
An area with a specified minimum contiguous acreage to be developed as a single entity according to a unified site design plan, containing one or more residential uses, office uses, commercial uses, industrial uses, public or quasi-public uses, or any combination of same. (See Graphic 10-C, at the end of this section of the Ordinance.)
10.01.101
Planning and Zoning Commission:
The Planning and Zoning Commission of the City of Hempstead, Texas.
10.01.102
Private Club:
Quarters for a private organization with restricted membership, and including the on-site sale or use of alcoholic beverages, along with social and recreational facilities for members only.
10.01.103
Recreational Vehicle:
A portable vehicle built on a chassis and intended to be used generally for temporary living and sleeping quarters for travel, recreation and vacation purposes. The term includes travel trailers designed to be towed, motor homes designed as temporary dwellings equipped to travel under their own power, and any other portable contrivances intended to be used as temporary living and sleeping quarters which may be moved under its own power, towed or transported by another vehicle. This definition does not include mobile homes.
10.01.104
Residential Density:
The number of lots, dwelling units, or persons located or residing within a residential area.
10.01.105
Residential Use:
The term “residential use” shall be construed to include single-family residential uses; two-family uses; and multi-family residential apartment or townhouse uses.
10.01.106
Restaurant:
A.
Conventional:
An eating establishment, including cafeterias, where customers are primarily served at tables or are self-served and food is consumed on the premises, and which may include a drive-in window.
B.
Drive-In:
An eating establishment where food is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.
10.01.107
Screen:
A barrier of stone, brick, pierced brick or block, 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 percent (65%) of the wall surface. Such device shall be continually maintained. The City may approve a screening device composed of landscaping material where it can be shown that such planting will be installed and continually maintained in accordance with the intent of this Ordinance.
10.01.108
Setback:
A distance between the lot line and the building line. (See Graphic I0-A, at the end of this section of the Ordinance.)
10.01.109
Shopping Center:
A group of primarily retail and service commercial shops planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.
10.01.110
Site Development Plan:
A drawing showing the provisions for a proposed project, including such information that enables the drawing to serve as a plat, together with information pertaining to all covenants relating to the site, location and bulk of structures, intensity of use or density of development, location of streets, ways, and parking facilities; common open space and public facilities, and all other reasonable information required by the Planning Commission as a part of the review process.
10.01.111
Smoke:
The visible discharge of particulate matter from a chimney, vent, or combustion process.
10.01.112
Sound Level Meter:
An instrument used to measure sound intensity.
10.01.113
Special Event:
Any temporary activity or event involving any public show, exhibition, street dance, carnival, circus, concert, fair, festival, trade show, or amusement of any kind outside the confines of a building or permanent structure.
10.01.115
Street:
Any public thoroughfare which affords the principal link between various land use activities. The City of Hempstead has adopted a functional street classification system that is defined as follows: (Also please see Graphic 10-D, at the end of this section of the Ordinance.)
A.
Arterial-Primary:
An expressway, freeway, or primary thoroughfare whose primary function is the movement of traffic.
B.
Arterial-Secondary:
A thoroughfare whose predominate function is the movement of traffic but which provides more access than normally associated with a primary arterial.
C.
Collector:
A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials.
D.
Frontage or Service Road:
A collector street generally parallel to and adjacent to arterials, which provide access to abutting properties and protection from through traffic.
E.
Local:
A neighborhood or minor street whose primary purpose is to provide access to abutting properties.
F.
Cul-de-Sac:
A local street having one end open to vehicular traffic and having one end closed or terminated with a turning circle.
10.01.116
Structural Alteration:
Any change in the supporting members of a building such as bearing walls, bearing partitions, columns, beams, or girders, or any substantial change in the roof or in the interior walls.
10.01.117
Structure:
Anything constructed or erected, the use of which requires a location on the ground or an attachment to something located on the ground.
10.01.118
Subdivision:
The division of any lot, tract or parcel of land by plat, map or description, into two (2) or more parts, lots, building lots, or sites or building sites, for the purpose, whether immediate or future, of sale, rental, or lease, or division of ownership. Any dedication and the laying-out (or realignment) of new streets, or other public access ways, with or without plotting, is a subdivision. This definition also includes the resubdivision and replatting of land or lots that are part of a previously recorded subdivision. Divisions of land for agricultural purposes in parcels of five (5) acres or more and where no building construction is involved shall not be included within the definition of a subdivision, unless any such subdivision of five (5) acres or more includes the planning or development of new street or access easement or realignment of an existing street. An “addition” is a subdivision as defined herein. A testamentary division of land upon dissolution of a corporation or partnership shall not be considered a subdivision.
10.01.119
Tattoo Studio:
A permanent, non-dwelling building or portion of a building, designated by a state license issued by the Texas Department of State Health Services under Chapter 146, Health and Safety Code, where tattooing or permanent cosmetic application is performed, completely separated from living quarters.
10.01.120
Toxic and Noxious Matter:
Any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger the health, safety, and comfort of persons in the vicinity or which may cause injury or damage to property as defined by the United States Environmental Protection Agency in the Toxic Substances Control Act codified at 40 CFR 700-790.
10.01.121
Tree:
A large, woody plant having one or several self-supporting stems or trunks and numerous branches.
10.01.122
Vibration Perception Threshold:
The minimum ground or structure-borne vibrational motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
10.01.123
Vibration:
A temporal and spatial oscillation of displacement, velocity or acceleration in a solid material.
10.01.124
Wild Animals:
Animals customarily associated with the wild, including but not limited to tigers, lions, bears, wolves, coyotes, skunks, raccoons, ferrets, snakes, etc.
10.01.125
Yard:
(See Graphic 10-A, at the end of this section of the Ordinance.)
A.
Front:
An unoccupied open space on the same lot with a building, located between the wall of the building nearest the street on which the lot fronts, and bounded by the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard is the distance between the nearest point of the street wall of the building and the front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard of a corner lot consisting of one platted lot is the yard adjacent to that street on which the lot has its least dimension. When this question arises, the Zoning Officer shall make a final determination. If a corner lot consists entirely of unplatted land or a combination of platted land, the front yard is located on the street on which the greater number of lots front, regardless of whether those lots are platted or unplatted. If a corner lot consists of all or more than two platted parcels of land each of whose least dimension is on the same street as the other lots in the block, then the location of the front yard is on the same street as the other lots.
Any questions as to the determination of yards associated with corner lots shall be resolved by the Zoning Officer.
B.
Rear:
An unoccupied open space on the same lot with a building, between the rear line of a building and bounded by the rear line extended, the side lines of the lot and the rear line of the lot. Where no rear building line exists, a line parallel to the front street line and distance as far as possible and not less than ten (10) feet long is deemed to be the rear line. The depth of the rear yard is the distance between the nearest point of the rear wall of the building and the rear line of the lot.
C.
Side:
An unoccupied open space on the same lot with a building, situated between the building and the side line of the lot and extended through from the front yard to the rear yard. Any line not a rear line or a front line is deemed to be a side yard line.
10.01.126
Zero Lot Line:
A common lot line on which a wall of a structure may be constructed.
10.01.127
Zoning Map:
The official zoning map of the City of Hempstead upon which the boundaries of the various zoning districts are drawn and which is an integral part of this Zoning Ordinance. The Zoning Map shall be housed, maintained, and revised regularly by the City Administrator or other person designated by the City Administrator.
10.01.128
Zoning Officer:
A municipal staff member who, working under the direction of the City Administrator, assists in the implementation of this Ordinance.
(Ordinance 00-107 adopted 6/22/00; Ordinance 00-107 adopted 6/22/2000; Ordinance 24-110 adopted 4/15/2024)