For the purpose of this ordinance certain terms and words are herewith defined and shall have the meaning here applied; any word not defined herein shall be determined by the Town Council; to wit:

(1)

Accessory building. In a residential district, a subordinate building, attached or detached and used for the purpose customarily incidental to the main structure, such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby, home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of business.

Portable accessory buildings shall not exceed the following schedule;

Any plan development of 7000 square feet lots or under will be permitted 120 square feet with a plate height of eight feet.

Any SF1 will be permitted 250 square feet with a plate height of 12 feet.

Any SF2 or SF3 will be permitted 200 square feet with a plate height of eight feet.

Any portable accessory building larger than permitted by the schedule listed above, shall be brought to the Board of Adjustments.

(2)

Agricultural uses. An area of fire five or more acres which is used for growing of the usual farm products, vegetables, fruits, trees, and grain and for the raising thereof of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. No pen, barn or enclosure for cows, horses, mules, donkeys, sheep, swine or goats shall be located nearer than 100 feet to any dwelling.

(3)

Alley. A way which affords only a secondary means of access to abutting property.

(4)

Amusement, commercial (outdoors). An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course.

(5)

Amusement, commercial (indoors). An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor.

(6)

Antenna. Either antenna, mast or tower or any of these combined to constitute a structure designed for electromagnetic radiation reception or transmission.

(7)

Apartment. A room or suite of rooms within a tenement or apartment house arranged, intended or designed for a place of residence for a single-family or group of individuals living together.

(8)

Apartment house. A building or portion thereof, designed or arranged for occupancy as a residence of three or more families living independently of each other.

(9)

Apartment hotel. An apartment house, which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

(10)

Art gallery or museum. An institution for the collection, display, distribution of objects of art or science, and which is sponsored by a public or quasi-public agency, and is open to the general public.

(11)

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, or sale or keeping of used car parts or junk on the premises.

(12)

Block. A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Town Commission shall determine the outline of the block.

(13)

Building. Any structure built for support, shelter or enclosure of persons, animals, chattels, records or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building.

(14)

Building, height of. The vertical distance measure from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, the building may be measured from the average elevation of the finished grade along the front of the building.

(15)

Chateau or mansard. Over 50 percent of a second story is enclosed by a surface of the roof, shall not be permitted in Single-Family or Multifamily Residential Districts.

(16)

Church or rectory. A place of worship and religious training of recognized religions, including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel.

(17)

Cleaning or laundry self-service shop. To be of the self-service type or a custom cleaning shop not exceeding 2,500 square feet in floor area.

(18)

Clinic. A group of offices for one or more physicians, surgeons, chiropractors or dentists, engaged in treating the sick or injured, but not including rooms for the abiding of patients.

(19)

College, university. an academic institution of higher learning, accredited or recognized by the State, and offering a program or series of programs of academic study.

(20)

Community center. A building dedicated to social or recreational activities, serving the Town or neighborhood and owned and operated by the Town of Hickory Creek, Texas, or by a nonprofit organization dedicated to promoting the health, safety, morals and general welfare of the Town.

(21)

Country clubs. An area of 125 or more acres containing a golf course and club house which club may include as adjunct facilities: a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.

(22)

Court. An open unoccupied space other than a yard, on the same lot with a building and which is bounded on three or more sides by the building.

(23)

Curb level. The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Town Engineer shall establish such curb or its equivalent for the purpose of this ordinance.

(24)

Custom personal service. Tailor, dressmaker, shoe shop or similar shop offering custom service.

(25)

Dance hall or night club. An establishment offering to the general public facilities For dancing and entertainment for a fee and subject to licensing and regulation by the Town of Hickory Creek, Texas.

(26)

Dwelling, one-family (detached). A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.

(27)

Dwelling, one-family (attached). A dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and which is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.

(28)

Dwelling, two-family (duplex). A single structure designed and constructed with two living units under a single roof for occupancy by two families.

(29)

Dwelling, multiple-family (apartment). Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or place of residence by three or more families living in independent and separate housekeeping units.

(30)

Family. One or more persons occupying a premises and living as a single housekeeping unit, with single kitchen or culinary facilities, under one roof, with single utility meters, as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.

(31)

Agriculture uses. An area of five or more acres which is used for growing of usual farm products, vegetables, fruits, trees, and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance of [or] law. No pen, barn or enclosure for cows, horses, mules, donkeys, sheep, swine or goats shall be located nearer than 200 feet to any dwelling.

(32)

Frontage. All the property abutting on one side of the street, or between two intersecting streets, measure[d] along the street line.

(33)

Garage, private (attached). A garage which has one or more wall common with the principal building on a lot or which is attached to the principal building by an enclosed porch, or passage way, the roof of which is part of an extension of the roof of the principal building and for the purpose of the height and area regulations of this ordinance such a garage is to be considered a part of the principal building.

(34)

Garage, private (detached). A garage existing separate and apart from the principal building, but situated on the same lot, tract or parcel of land with the principal building.

(35)

Garage, public. A building or other than a private or storage garage used for the care or repair of self-propelled vehicles or where such vehicles are for hire or sale.

(36)

Garage, storage. A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided, except facilities for washing.

(37)

General manufacturing. Any manufacturing, industrial servicing or storage process not prohibited by law. See article XVII [XV] LI-1 Light Industrial District Use.

(38)

Golf course[,] public. A golf course owned and operated by the Town of Hickory Creek, Texas for the use, benefit and enjoyment of the citizens, or by some other public agency such as the State or County.

(39)

Golf course, commercial. A golf course constructed by a private individual or group, and operated as a commercial enterprise.

(40)

Group housing project. A group of one-family, two-family or multiple-family dwellings, arranged on land not subdivided into customary streets and lots.

(41)

Hobby. An accessory use carried on by the occupant of the premises in a shop, studio or other work room, purely for personal enjoyment, amusement or recreation; provided, that the articles produced or constructed in said shop, studio or work room are not sold either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

(42)

Reserved.

(43)

Hospitals[,] acute care. An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.

(44)

Hospital, chronic care. An institution where those persons suffering from illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas.

(45)

Hotel. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and which there are more than 12 sleeping rooms usually occupied singly and no provision is made for cooking in any individual room or apartment.

(46)

Institution for the care of alcoholic, psychiatric or narcotic patient. An institution offering resident treatment to alcoholic, psychiatric or narcotic patients.

(47)

Junk. The term "junk" is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloy, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles or airplanes, tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.

(48)

Kennel/veterinarians. Any lot or premises on which three or more dogs, cats, or other domestic animals at least four months of age, are housed or accepted for boarding, trimming, grooming, bathing and/or treatment for which remuneration is received.

(49)

Kindergarten. A school or class of young children four to six years old, that develops basic skills and social behavior by games, handicraft and other means.

(50)

Large animal. Any animal weighing 300 pounds or more.

(51)

Light fabrication and assembly processes. The manufacture of jewelry, trimming decorations, and any similar item not involving the generation of noise, odor, vibration, dust or hazard.

(52)

Light manufacturing. Processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the Industrial District which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.

(53)

Lot. Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this ordinance, and having its principal frontage upon a street or officially approved place.

(54)

Lot, corner. A lot situated at the junction of two or more streets. A corner lot shall be deemed to front on the street on which it has its smallest dimensions, or as otherwise designated by the Planning and Zoning Commission of the Town of Hickory Creek, Texas.

(55)

Lot, interior. A lot, the side line of which does not abut on any street.

(56)

Lot, depth. The mean horizontal distance from the front street line to the rear line.

(57)

Lot lines. The lines bounding a lot as defined herein.

(58)

Lot of record. A lot which is part of a subdivision plat which has been approved by the Town Council and recorded in the office of the County Clerk of Denton County, Texas.

(59)

Lot, through. An interior lot having frontage on two streets. Such through lot shall provide a front yard on each street.

(60)

Lot, width. The mean horizontal distance between side lines measured at right angles to the depth.

(61)

Mobile home. A moveable or portable dwelling constructed on a chassis and which has been designed so that it may be occupied and used without a permanent foundation; further a single-family dwelling unit suitable for year-round occupancy and which has provision for compliance with the applicable Code requirement for such dwellings. Such vehicle shall be eligible for registration and licensing by the State of Texas for being transported on the public streets and highways.

(62)

Mobile home park. A unified development of mobile home spaces or stands arranged on a tract of land not less than nine acres, under private ownership.

(63)

Mobile home subdivision. A unified development of mobile home sites or lots which have been divided for the purpose of individual ownership, and which is governed by the provisions of the subdivision regulations of the Town of Hickory Creek, Texas.

(64)

Mobile home lot. A parcel or tract of land for the placement of a single mobile home and the exclusive use of its occupants and which is located in a mobile home subdivision/park approved by the Planning and Zoning Commission of the Town of Hickory Creek, Texas.

(65)

Modular home. A dwelling that is manufactured in two or more modules at a location other than the homesite, transported to the homesite, and are joined together and installed on a permanent foundation system. The term Modular home does not include Mobile Home as defined in the Texas Manufacturing Housing Standards Act. For purposes in these regulations, the term includes only those structures manufactured after May 1, 1980, and bearing a modular decal of the Manufactured Housing Division, Texas Department of Labor and Standards.

(66)

Motel. A building or group of attached or detached buildings containing individual sleeping or living units for temporary accommodations for tourists, with garage or parking facilities conveniently located to each unit. To be classified as a Motel, the establishment shall contain a minimum of six guest rooms or units and shall furnish customary hotel services, such as linens, maid service, telephone use and up-keep of furniture.

(67)

Name plate. An accessory sign showing only the name and address of the owner or occupant of the premises on which it is erected or posted.

(68)

Nonprofit organization. For the purposes of this chapter, nonprofit organization shall include charitable, religious, educational, fraternal, governmental, or other organizations which do not operate on a for profit basis. Evidence of nonprofit status may be required prior to the issuance of any permit.

(69)

Nursing home or residence home for the aged. A home where ill or elderly people are provided with lodging and meals, with or without nursing care.

(70)

Occasional sale. A sale, exchange, or barter to the general public of used household or personal articles, typically held outdoors, on the seller's own premises. The term includes, but is not limited to, all sales entitled "garage", "lawn", "yard", "room", "estate", "backyard", "patio", and "rummage".

(71)

Park or playground, public. An open recreational facility or park owned and operated by a public agency such as the Town of Hickory Creek, Texas, or the School Board, and available to the general public.

(72)

Parking area, public. An open area other than a street, alley or place, used for temporary parking of more than four self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

(73)

Parking area, semipublic. An open area other than a street, alley or place, used for temporary parking of more than four self-propelled vehicles, as an accessory use to semipublic institutions, schools, churches, hospitals and noncommercial clubs.

(74)

Parking space. Open space or garage space reserved exclusively for the parking of an automobile vehicle that has a minimum rectangular area of nine feet in width and 18 feet in length.

(75)

Parking, off-street, incidental to main use. Off-street parking spaces provided in accordance with the requirements specified in this ordinance and located on the lot or tract occupied by the main use or within 300 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

(76)

Parking lot structure (automobile). A structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for servicing of automobiles, provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.

(77)

Place. An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.

(78)

Playfield or stadium, public. An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium.

(79)

Public building, shop or yard of local, state of federal government. Facilities such as office buildings, maintenance yards or shops required by branches of Local, State or Federal Government for service to an area such as Highway Department Yard or City [Town] Service Center.

(80)

Radio, television or microwave towers. Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installation for home use of radio or television.

(81)

Sign, real estate. A temporary accessory sign pertaining to the sale or rental of property and advertising property only for use for which it is legally zoned.

(82)

Sign, construction. A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or lender engaged in the design, construction or improvement of the premises on which sign is located.

(83)

Sign, institutional. An accessory sign for the identifying of a school, church, hospital or similar public or quasi-public institution.

(84)

Sign, apartment name. An accessory sign for the identification of an apartment building or complex of apartment buildings.

(85)

Sign, agricultural. An accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon.

(86)

Sign, general business. An accessory sign or graphic device which advertises only commodities or service offered on the premises where such signs are located and where such sign is not of the billboard, poster panel or painted bulletin type, but is a sign designed specifically for the location.

(87)

Sign, advertising poster panel, painted bulletin or other advertising devices. A sign which is usually a primary use of land and which promotes and advertises commodities or services not limited to being offered on the premises on which such signs are located.

(88)

Stable, private club. A paddock, stable and related riding and quartering facility for horses owned by a specific number of recorded members and maintained for the exclusive use of such members and guests.

(89)

Stable, commercial. An establishment where horses are kept and rented to the general public or [for] riding.

(90)

Stable, boarding. A stable and related open pasture where horses are quartered for owners on a fee basis.

(91)

Standard masonry construction. In all districts, a main building shall have, unless otherwise stipulated, at least 75 percent of the exterior walls, excluding doors and windows, below the first floor plate line constructed of brick/brick veneer, stone/stone veneer or stucco (a minimum of one inch over metal lathe). In all residential districts fiber cement siding shall be an acceptable material. The rear wall may be excepted in single family residential districts. Major accessory buildings, including, but not limited to detached garages or servant's quarters, shall meet the same above requirements.

(92)

Story. That part of a building included between the surface of one floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than five feet above the curb level, or the average elevation of the finished grade along the front of the building where it is set back from the street.

(93)

Street. A public thoroughfare which affords principal means of access to abutting property.

(94)

Structural alterations. Any change in any supporting member of a building, such as a bearing wall, column, partition, beam, or girder, or any change in the pitch or height of the roof.

(95)

Structure. Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls, sidewalks and curbs.

(96)

Swim or tennis club. Private recreational club with restricted membership, usually of less area than a Country Club but including a club house and a swimming pool, tennis courts and similar recreational facilities none of which are available to the general public.

(97)

Temporary field or construction office. A structure or shelter, subject to be removed by order of the Building Official, used in connection with a development or building project for housing on the site of temporary administration and supervisory functions and for sheltering employees and equipment.

(98)

Terminal, motor freight. The use of property or buildings for the temporary parking of motor freight vehicles or trucks of common carriers, during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight.

(99)

Trailer. A portable dwelling unit designed to move on wheels from location to location by automobile or truck.

(100)

Trailer court. A lot where parking facilities and accommodations are provided on a temporary or transient basis for house cars or automobile trailers used for human habitation.

(101)

Utility, local—distribution line. The facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service.

(102)

Vision clearance. A space left open and unobstructed by fences, structures, shrubs, trees or other plant life along streets at the corner in front of the building line of lots contiguous to intersection streets.

(103)

Yard. An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

(104)

Yard, front. A yard across the full width of a lot extending from the front line of the main building to the front street line of the lot.

(105)

Yard, rear. A yard extending across the full width of the lot and measure[d] between the nearest rear line of the lot and rear line of the main building, except that area included in the side yard as defined below.

(106)

Yard, side. A yard between the building and the side line of the lot and extending from the front yard to the required rear yard.

(107)

Wrecking or auto salvage yard. A yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.

(108)

Zoning district map. The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance.

(Ord. 86-10-114; Ord. 99-02-446, 2/16/99; Ord. 2007-09-595, § 3, 9/18/07; Ord. 2008-04-615, § 3.01, 4/15/08; Ord. 2009-02-649, 2/17/09; Ord. 2017-03-760, § 3.01, 3/21/17)

(Ord. No. 2019-07-826, § 3, 7-30-2019)