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Highland Park City Zoning Code

§ 22

GENERAL DEFINITIONS.

22-100 
CERTAIN WORDS IN THIS ORDINANCE NOT HERETOFORE DEFINED ARE DEFINED AS FOLLOWS:
WORDS USED IN THE PRESENT TENSE INCLUDE THE FUTURE; WORDS IN THE SINGULAR NUMBER INCLUDE THE PLURAL NUMBER AND WORDS IN THE PLURAL NUMBER INCLUDE THE SINGULAR NUMBER; THE WORD “BUILDING” INCLUDES THE WORD “STRUCTURE”; THE WORD “LOT” INCLUDES THE WORDS “PLOT” OR “TRACT”; THE WORD “SHALL” IS MANDATORY AND NOT DISCRETIONARY.
(1) 
Alley–
A public space or thoroughfare which affords only secondary means of access to property abutting thereon.
(2) 
Apartment–
A room or suite of rooms in a multifamily dwelling or apartment house arranged, designed or occupied as a place of residence by a single family, individual or group of individuals.
(3) 
Apartment House–
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 dwelling units.
(4) 
Area of the Lot–
The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.
(5) 
Basement–
A building story (consisting of not more than one level), which is partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height.
(6) 
Block–
An area enclosed by streets and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on the said side.
(7) 
Board–
The Zoning Board of Adjustment as established in Section 16 [17].
(7A) 
Breezeway–
A covered walkway open on all sides from the eaves of the roof to the ground connecting the main structure with an accessory structure on the same building site.
(8) 
Building–
Any structure built for the support, shelter and enclosure of persons, animals, chattels or moveable property of any kind.
(9) 
Building Site
(a) 
A platted lot of record or combination of such platted lots which has not been previously built upon and which meets the area and dimension standards of this ordinance for the creation of a building site and which does not include any area, yard or other space which is part of the required area or space of any adjacent lot or combination of lots containing main or accessory buildings.
(b) 
A platted lot or combination of platted lots upon which all or part of a main residential building and related accessory buildings have been built including all required yards and area standards specified by this ordinance and which is not diminished in area or dimension from the original lot or combination of lots so utilized.
(9A) 
Combined Building Site–
A building site created subsequent to the effective date of the Zoning Ordinance, Ordinance No. 676, by either combining (i) two or more building sites pursuant to Section 18-100 d., as amended, or (ii) a building site and part of an adjacent building site pursuant to Section 18-100 e., as amended.
(10) 
Town Council–
The governing body of the Town of Highland Park, Texas.
(11) 
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.
(12) 
Carport–
A building or structure detached or attached as part of the main dwelling or structure designated for the primary purpose of storing motor vehicles and which structure is open to the weather on at least two sides.
(13) 
Cellar–
A building story (consisting of not more than one level) with more than half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
(14) 
Certificate of Occupancy or Compliance–
An official certificate issued by the Town through the enforcing official which indicates conformance with or approved conditional waiver from the Zoning Regulations and authorizes legal use of the premises for which it is issued.
(15) 
Town Zoning Commission–
The agency appointed by the Town Council as an advisory body to it and which is authorized to recommend changes in the zoning in conformance with State Laws.
(16) 
Court–
An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.
(17) 
Deck–
A flat, floored area, attached to a building, or a free-standing structure, without a roof or walls other than the side(s) of a building when attached.
(18) 
Deck, Roofed–
Any deck that is completely or partially covered, including but not limited to, open beams or lattice work, that meets regulations for accessory buildings.
(19) 
Depth of Lot–
The mean horizontal distance between the front and rear lot lines.
(20) 
District–
A section of the Town of Highland Park for which the regulations governing the area, height or use of the land and buildings are uniform.
(21) 
Dwelling–
A building or portion of building designed exclusively for residential occupancy by a family or families including one-family, two-family and multiple-family dwellings but not including mobile homes, house trailers, hotels, boarding or lodging houses.
(22) 
Dwelling, Condominium–
A dwelling unit owned separately from other similar units which are associated on a site wherein all or a portion of the site is owned and maintained in common. The common ownership may include yards, drives, parking areas, pools and other recreation facilities and in the case of condominium apartments the common ownership and maintenance may include corridors, halls, service areas and storage facilities.
(23) 
Dwelling, One-Family–
A detached building having accommodations for and occupied by not more than one family no portion of which is rented to anyone outside the immediate family and no portion of which is used for commercial purposes.
(24) 
Dwelling, Two-Family–
A detached building having separate accommodations for and occupied by not more than two families no portion of which is rented to anyone not a part of the immediate family occupying each dwelling unit and no portion of which is used for commercial purposes.
(25) 
Dwelling, Multiple-Family–
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 residence of three or more families and no portion of any dwelling unit which is used for commercial purposes.
(26) 
Dwelling, Townhouse–
A dwelling designed and constructed for occupancy by one family which is joined to another dwelling at one or more sides by a party wall or abutting separate wall and which is located on an identified lot or building site having independent separate access and utility service.
(27) 
Dwelling Unit–
A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters of a family and including facilities for food preparation and sleeping.
(28) 
Family–
Any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption, neither of which unrelated individuals pays rent to any member of the family.
(29) 
Fence–
A structure of wood, stone, iron, brick, tile or cement, connected together and designed for use in the position fixed, erected upon the ground for decorative or functional purposes.
(30) 
Floor Area–
The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages.
(31) 
Floor Area Ratio (FAR)–
An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area.
(32) 
Gable–
The triangular area above the top plate formed by two sloping planes supported at their ends by a wall below.
(33) 
Garage–
An accessory building for the storage of motor vehicles.
(34) 
Height
(a) 
In Districts A, B, G, H, CC, CS, GR, and PD, height is the vertical distance of a building as measured from the average established grade at the street line or from the average natural front yard ground level at the front building setback, whichever is higher, to: (1) the highest point of the roof’s surface if a flat roof, as defined in Section 10 “Height Regulations”; (2) the deck line of mansard roofs; or (3) the mean height level between eaves and ridge line.
(b) 
In Districts C, D, E, and F, height is the vertical distance of a building as measured from the average established grade at the street line or from the average natural front yard ground level at the front building setback, whichever is higher to: (1) the highest point of the roof’s surface if a flat roof, as defined in Section 10 “Height Regulations”; (2) to the deck line of mansard roofs; or (3) to the roof ridge or projected roof ridge, whichever is higher, of a pitched roof, as defined in Section 10 “Height Regulations.”
(c) 
The mean height level between the eaves and ridge line except in G Districts, which shall be as provided in section 10-101(4)A.
(35) 
Lot–
Land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.
(36) 
Lot coverage–
The percentage of the total area of a lot which is covered by a roof or other structure and is not open to the sky. Lot coverage includes, but is not limited to, the main building, accessory buildings, covered porches, covered terraces and carports.
(37) 
Lot Lines–
The lines bounding a lot as defined herein.
(38) 
Lot of Record–
A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Dallas County.
(39) 
Lot Width–
The width of a lot at the front building line.
(40) 
Main Building–
The building or buildings on a lot which are occupied by the primary use.
(41) 
Nonconforming Use–
A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.
(42) 
Occupancy–
The use or intended use of the land or buildings by proprietors or tenants.
(43) 
Open Space–
Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of fences, cornices, eaves or porches.
(44) 
Parking Space, Off-Street–
An enclosed or unenclosed all-weather-surfaced area of not less than one hundred eighty (180) square feet (measuring approximately nine (9) feet by twenty (20) feet) not on a public street or alley, together with an all-weather-surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use.
(44A) 
Play Structure–
A recreational structure (i.e., a tree house, playhouse, fort, prefabricated play structure, etc.), located at grade or elevated, not intended for habitation and without amenities such as electricity or plumbing.
(45) 
Premises–
Land together with any buildings or structures occupying it.
(46) 
Private Garage–
An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage garage.
(47) 
Private Open Space–
Land area which is maintained without buildings, for the use of occupants of the premises and may include landscaped or surfaced areas such as a lawn, wooded area, terrace, or similar feature. For the purposes of this section private open spaces are permitted uses in a Flood Hazard area.
(48) 
Residence–
Same as a dwelling; also when used with “district,” an area of residential regulations.
(49) 
Retaining walls–
A wall constructed with the wall of no greater height than the ground level immediately adjacent to the enclosed side of such retaining wall.
(49A) 
Small Solar Energy System–
Any device that relies upon direct sunlight as an energy source - including, but not limited to, any device that collects sunlight for generating energy for use on site -- used to produce power for the same property/building on which the system is located. A Small Solar Energy System may also include the use of Building Integrated Systems (BIS) which are defined as photovoltaic materials used in place of conventional building materials (such as the roof or skylights) and may also be referred to as Building-Integrated Photovoltaics (BIPV).
(50) 
Story–
The height between the successive floors of a building or from the top floor to the roof.
(51) 
Street–
Any thoroughfare or public driveway, other than an alley, and more than forty (40) feet in width, which has been dedicated or deeded to the public for public use.
(52) 
Street Line–
A dividing line between a lot, tract or parcel of land and a contiguous street.
(53) 
Structural Alterations–
Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.
(54) 
Structure–
(Same as building)
(54A) 
Wind Energy Device–
Any portion of a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics which will be used to reduce on-site consumption of utility power.
(55) 
Yard–
An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point thirty (30) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special features.
(56) 
Yard, Front–
An open spaces, unoccupied by structures, on a lot facing a street, extending across the front of the lot between the side lot lines and from the main building to the front lot or street line and providing the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.
(57) 
Yard, Rear–
An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated.
(58) 
Yard, Side–
An open, unoccupied space or spaces on one or two (2) sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or a front line shall be deemed a side line.
(59) 
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.
(Ordinance 740, sec. 17, adopted 5/4/70; Ordinance 847, sec. 1, adopted 3/1/76; Ordinance 971, sec. 2, adopted 12/21/81; Ordinance 1008, sec. 1(12)–(15), adopted 9/6/83; Ordinance 1570, sec. 2, adopted 11/3/03; Ordinance 1631, sec. 10, adopted 8/22/05; Ordinance 1780, sec. 10, adopted 1/26/09; Ordinance 1927, sec. 9, adopted 9/9/13)