For the purpose of this chapter [appendix], certain terms and words are defined and shall have the meanings ascribed in this chapter [part] unless it is apparent from the context that different meanings are intended.

Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure," except as otherwise specified. The term "used" means "used or intended to be used, or arranged or designed for use." The term "occupied" means "occupied or intended to be occupied, or arranged or designed for occupancy." The word "including" means "including but not limited to."

(Ord. No. 11-15-99, 11-15-99)

The following definitions shall apply to the textual provisions of this ordinance:

1.

Accessory building: A separate building devoted to an accessory use.

2.

Accessory use: A use the same as or subordinate to the primary use of the main building or to the primary use of the premises.

3.

Administrative official: The officer or other designated authority charged with the administration and enforcement of this ordinance, or his duly authorized representative.

4.

Alley: Land dedicated to public use and devoted to secondary access to lots.

4A.

Assisted living facility: A facility for people needing assistance with activities of daily living. This includes facilities that bridge the gap between independent living and nursing homes, as well as nursing homes.

5.

Automobile sales area: An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars for sale or keeping of used car parts or junk on the premises.

6.

Automobile wrecker service area: An open area used for the temporary storage of vehicles transported by a business licensed as a wrecker service by the State of Texas. Such areas shall be permanently screened from public view by a solid fence which shall be maintained by the property owner.

7.

Automobile wrecking yard: A place for the dismantling, storage, trading or buying and selling of disabled, dismantled and damaged vehicles. Damaged vehicles shall include any vehicle which has been involved in a collision in which reinspection is required by state law.

7A.

Barber: An establishment that cuts, dresses, grooms, styles and shaves hair on the face and head.

8.

Basement/cellar: The part of a building from one floor to the next floor above which as part of but less than one-half its height below grade. If a basement/cellar is subdivided and used for dwelling purposes, it is counted as a story.

8A.

Beauty Shop: An establishment in which hairdressing, makeup, and similar non-permanent and semi-permanent cosmetic services are carried out professionally.

9.

Board: The board of adjustment established by the Hewitt City Charter.

10.

Build: To erect, convert, enlarge, reconstruct, or structurally alter a building or structure.

11.

Buildable width: The width of lot left to be built upon after the side yards are provided.

12.

Building: Any structure designed for the use of persons, property or animals.

13.

Building line: A line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.

13A.

Carport: Carport shall mean a structure that is open on a minimum of two sides and designed or used to shelter not more than three vehicles and not to exceed 24 feet on its longest dimension.

14.

City: City of Hewitt, Texas.

15.

Commission: City planning and zoning commission of Hewitt, Texas.

16.

Council: City council of Hewitt, Texas.

17.

Density: The measure of the degree to which land is filled with residential dwelling units designed to accommodate a family group. Measurements allow inclusion of internal streets and public ways required to be dedicated in calculating density per acre. Streets dedicated and accepted prior to platting of the property shall not be counted.

18.

District: A part of the city wherein regulations of this ordinance are uniform.

19.

Dwelling unit: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

20.

Dwelling, single-family: A building that contains only one dwelling unit.

21.

Dwelling, two-family: A building containing two dwelling units.

22.

Dwelling, multifamily: A building that contains more than two dwelling units.

23.

Family: One or more persons related by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization.

23A.

Fair market value: The value of a building (not including the land) as established by the McLennan County Appraisal District.

24.

Floor area: The square floor space within the outside line of walls and including the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar not used for dwelling purposes.

25.

Garage, private: An accessory building housing vehicles owned and used by occupants of the main building. Where vehicles used by persons other than occupants are housed, the building is a storage garage.

26.

Garage, public: A building or portion of a building, except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use.

27.

Garage, repair: A building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments or junkyards.

28.

Grade: The average level of the finished surface of the ground for buildings more than five feet from a street line. For buildings closer than five feet to a street, the grade is the sidewalk elevation at the center of the building. If there is more than one street, no average sidewalk elevation is to be used. If there is no sidewalk, the city engineer shall establish the sidewalk grade.

29.

Half-story: The space under a sloping roof; all of which space must be at least three feet high, but not more than 60 percent [of] which floor area may be finished off for use.

30.

Height of a building: The vertical distance from the grade to (a) the highest point on a flat roof; (b) the eaves and ridge for gable, hip or gambrel roofs.

31.

Home occupation: An accessory use, an activity carried on only by a resident member of a family meeting these conditions:

(a)

Only one nonilluminated sign no larger than one square foot in area is used.

(b)

Nothing is done to make the building appear in any way as anything but a dwelling.

(c)

If some product is made as part of the activity, only it can be sold; nothing else can be sold.

(d)

No one is employed from outside the resident family.

(e)

Mechanical equipment used is only that normally used in, or found in a single family.

(f)

A beauty or barber shop shall not be an allowable home occupation.

(g)

No business can be carried on outside the building.

(h)

The accessory use shall not create any additional parking, traffic, noise or nuisance which would not otherwise be associated with a residential area.

32.

Hotel: A dwelling not consisting of living units and occupied by more than 20 persons. Apartment hotel is a multiple dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels; such as drugstore, barbershop, cosmetologist's shop, cigar stand, or newsstand, when such uses are located entirely within a building with no entrance from the street or visibly from any sidewalk, and having no sign or display visible from the outside of the building indicating existence of such use.

33.

Junkyard: Any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.

34.

Landowner: The legal or beneficial owners or owner of all the land proposed to be included in a planned unit or development. The holder of an option or contact to purchase or other person having an enforceable proprietary interest in such land shall be deemed to be a "landowner" for the purposes of this ordinance.

35.

Living area: The area of a building including the walls thereof but excluding all porches, open breezeways, and garages.

36.

Lodging house: A dwelling consisting of not more than one living unit occupied by not more than 20 persons not related by blood, marriage, or adoption. This term includes rooming house, boarding house, tourist home, and nursing home.

37.

Lot: A parcel of land adequate of occupancy by use herein permitted, providing the yards, area, and off-street parking [are as] herein required and fronting directly upon a street.

38.

Lot coverage: The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

39.

Lot, interior: A lot other than a corner lot.

40.

Lot, through: A lot having its front and rear lines on different streets, or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.

41.

Lot depth: The average depth from the front line of the lot to the rear line of the lot.

42.

Lot width: The width of a lot at the front yard line.

43.

Main building: The building occupied by the primary use.

44.

Manufactured home: That which is, or was as originally constructed, designed and built to be towed on its own chassis, comprised of frame and wheels, by any motor vehicle upon a public highway.

45.

Manufactured home lot: Part of a parcel of land (mobile home site) in a mobile home park which has been reserved for the placement of one mobile home unit.

46.

Manufactured home park: A parcel of land designated for individual ownership or rental which has been planned and improved for the placement of mobile homes for single family nontransient occupancy.

46A.

Masonry construction or masonry-like construction: Masonry construction is that form of construction composed of stone which is at least one inch in diameter, brick, concrete, structural clay tile, concrete split-face design block materials or combination of these materials laid up unit by unit and set in mortar. Concrete tilt wall, pour-in-place concrete wall and pre-cast wall panel construction will be considered masonry-like construction and shall have an architectural exterior finish. Masonry or masonry-like construction shall be at least two inches thick.

47.

Modular home: Any dwelling unit, the major portion of which is constructed away from the building site and transported in prefabricated section or sections to said building site.

48.

Motel: An inn or group of cabins designed for occupancy by paying guests.

49.

Nonconforming use: Use of a building or land which existed previously that does not conform to the present regulations of the district in which it is situated.

50.

Office building: A building for or used as the office of a professional, commercial, industrial, religious, public or semipublic [person or] persons or organizations provided that no goods, wares, or merchandise shall be prepared or sold on this premises.

51.

Parking space: An area on a lot sufficient in size to store one automobile (not less than nine feet wide and 20 feet long) connected to a public street or alley by a driveway not less than ten feet wide and so arranged as to permit ingress and egress of the automobiles at all times without moving any other automobile parked adjacent to the parking space. The parking space and connecting driveways shall be paved with asphalt or concrete. The asphalt shall be a minimum of one inch thickness hot-mix, hot-laid asphaltic concrete placed over a six-inch thickness of compacted gravel base. Concrete driveways and parking spaces shall be a minimum of four-inch thickness reinforced with three-eighths-inch diameter steel reinforcing bars placed on 12-inch centers in each direction.

52.

Premises: Land together with any building or structures occupying it.

53.

Public building: The "public building" shall mean any building owned or used exclusively by the city, county, state, federal government, or school district.

53A.

Semi-permanent cosmetics: Also known as intradermal cosmetics or microblading. A form of cosmetic application where licensed personnel apply micro-injections of pigment to the dermal layer of skin such that facial cosmetics are applied on a semi-permanent basis. This does not include a tattoo parlor.

54.

Separate tract: A parcel of land or a group of contiguous parcels of land under one ownership on the effective date of this ordinance.

55.

Sign: Any outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on a premises.

56.

Story: The part of a building from one floor to the next floor above or the ceiling above if there is not a floor above.

57.

Street: Property dedicated for and accepted by the City of Hewitt for primary public access to lots.

58.

Structure: Anything built that requires a permanent location.

59.

Structural alteration: Any change in supporting members of a building or signs such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

59A.

Temporary commercial building: Any portable accessory building within any commercial or industrial zone to be used for retail sales or services directly to the public.

60.

Towing service: An area used for temporary storage of vehicles awaiting repair at another site. Storage shall not exceed 90 days and there shall be no dismantling of any vehicle.

61.

Trailer park: A parcel of land under single ownership which has been planned and improved for transient use by travel trailers, pickup coaches, motor homes or camping trailers.

62.

Yard: An open space on the same lot as a building, except as provided herein it is unoccupied and unobstructed by a structure. Yard width or depth is the shortest horizontal distance from a lot line to the main building.

63.

Yard, front: The area from one side lot line to the other side lot line and between the main building and the street on which the lot fronts. On corner lots (lots abutting on two or more streets at their intersections) the front yard shall face the shortest street dimension of the lot except that if the lot is square then the front yard may face either street.

64.

Yard, rear: The area from one side lot line to the other side lot line and from the main building to the rear lot line. The rear yard is always on the opposite end of the lot from the front yard.

65.

Yard, side: The area from the front yard to the rear yard line and from the main building to a side lot line.

66.

Vacant: Without city or public utilities.

67.

Vehicle service center: A center for the repair and maintenance of, or diagnosis upon, motor vehicles, including tire installation, but not including the sale of gasoline, body work, or spray painting.

(Ord. No. 11-15-99, 11-15-99; Ord. No. 2006-04-03, § 15, 4-3-06; Ord. No. 2013-11-18-1, § 3(Exh. B), 11-18-13; Ord. No. 2018-4, § 1, 4-16-18)