This chapter shall be known and may be cited as "The City of Hunters Creek Village zoning chapter."

(Ord. No. 340, § 1, 5-20-1980)

(a)

Construction. For the purpose of this chapter, certain words and terms are hereby defined. Words used in the present tense shall include the future tense; the singular number shall include the plural number and the plural number shall include the singular number. The word "building" shall include the meaning of the word "structure"; the word "lot" shall include the meaning of the word "plot", and the term "used for" shall include the meaning of the terms "designed for" or "intended for." The word "shall" is mandatory, not directive.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory structure means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

Automobile shelter means a garage or carport so situated on a lot that unobstructed access for a standard size automobile is afforded by a driveway connecting such garage or carport to the street on which such lot abuts.

Breezeway means a roofed outdoor passage at ground level between a house and a garage that is: a) 16 feet or less in height as measured from finished floor of the garage to the highest point of the breezeway's roof; and b) if it has a ceiling and roof structure that is enclosed, the enclosed area is four feet or less in height, as measured from the bottom of the ceiling joist to the top of the rafter or ridge board, or from the bottom of the bottom chord, to the top of the top chord of a truss.

Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building area means the area covered by all building and the surface of any tennis court, paddle court or other type of game court, but excluding driveways, walkways and uncovered patios.

Building, height, of means the vertical distance as measured from the top of slab to the highest point of the roof of a building, excluding chimneys.

Building line means a line parallel or approximately parallel to the street line or lot line beyond which buildings may not be erected.

Carport means a sheltered space with three sides screening its contents from view and suitable for parking one or more motor vehicles.

Dwelling means the same as single-family dwelling.

Dwelling, single-family, means a detached residential dwelling, other than a mobile home or trailer or any structure converted from a mobile home or trailer, designed and used exclusively for residential occupancy and having accommodations for and occupied by only one family and no portion of which may be used for the conduct of a business, trade or profession.

Family means one or more persons related by blood, adoption or marriage, living together as a single housekeeping unit. A number of persons not exceeding two living together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family.

Garage means a sheltered space with an operable door or doors plus three sides screening its contents from view and suitable for parking one or more motor vehicles.

Lot means a parcel of land of at least sufficient size to meet minimum applicable requirements for use, coverage, area and parking, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a public street or on an existing approved private street.

Lot, depth of, refers to the mean horizontal distance between the front and rear lot lines.

Lot, width of, means the distance between side lot lines as measured at the front building line.

Nonconforming use, building, structure or yard means a use, building, structure or yard existing legally at the time of the passage of the ordinance from which this chapter is derived or of any amendment thereto, which by reason of design or use does not conform with the regulations of the district in which it is situated.

Porte cochere means a roofed structure, open on three sides and extending from an entrance to a building over an adjacent driveway for the purpose of sheltering those entering or exiting vehicles.

Private recreation club means an entity which provides indoor and outdoor facilities and equipment for sports and recreation, including but not limited to, tennis courts, pools, saunas, and other facilities and equipment associated with fitness and training, including accessory buildings and structures, restricted to private membership, and situated on a site consisting of a minimum of 25 contiguous acres.

Servants' quarters means an accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

Service area means a loading area or trash pick-up area.

Sexually oriented business shall have the same meaning as "sexually oriented business" as that term is defined in V.T.C.A., Local Government Code ch. 243, and shall include but not be limited to an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling studio, sexual encounter center or any other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. Such uses shall be allowed only as specifically authorized under the terms of this chapter. The determination of what constitutes a sexually oriented business shall be made by the police chief or his designee, and such determination shall be appealable to the zoning board of adjustment.

Sign, on-site, refers to a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises.

Special exception means a use that would not be appropriate generally or without restriction throughout the zoning district but would, if controlled as to number, area, location or relation to the neighborhood, promote the property held, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as special exceptions, only if specific provision for such special exception is made in this chapter.

Street means a public or private thoroughfare which affords a principal means of access to abutting property.

Street line means the right-of-way line of a street.

Structure means anything constructed or erected which: (i) requires permanent location on the ground; or (ii) is attached to something having a permanent location on the ground; or (iii) has a roof or cover (whether of metal, wood, canvas or other material) that is impermeable to the sun or rain, including but not limited to signs, billboards, poster panels, swimming pools, trampolines, batting cages, umbrellas, playhouses, play forts, swing sets, sheds, gazebos, pergolas, trellises, tennis courts, paddle courts or game-type courts. Yard lights, bird baths, flagpoles, basketball goals, fountains and similar items are not considered as structures herein.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, because of conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.

Yard means an open space at grade between a building and the adjoining lot lines or street right-of-way line, unoccupied and unobstructed by any portion of a structure from the ground upward, except for signs in compliance with section 44-157(3), detached garages in compliance with section 44-161(2)(a), accessory structures not attached to the dwelling in compliance with section 44-162, dish antennas in compliance with section 44-164, roof-mounted and ground-mounted solar energy devices in compliance with section 44-167, emergency electric generators in compliance with section 44-166 and fences in compliance with section 44-163. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the edge of the structure or main building shall be used. For the purpose of such measurement, the eave line of a roof may project a maximum of 30 inches into the required yards.

Yard, front, means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building.

Yard, rear, means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, uncovered patios and decks that do not exceed one foot in height above finished grade, or unenclosed and uncovered balconies not more than four feet in depth, supported only by the main building with no additional independent supports. On all lots, the rear yard shall be to the rear of the front yard.

Yard, side, means a yard between the main building and the adjacent side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between an adjacent side lot line and any edge or face of the main building.

(Ord. No. 340, § 19, 5-20-1980; Ord. No. 446, § 1, 9-13-1989; Ord. No. 553, 3-16-1999; Ord. No. 583, 3-20-2001; Ord. No. 637, § 1, 12-21-2004; Ord. No. 657, § 1, 2-21-2006; Ord. No. 665, § 1, 4-18-2006; Ord. No. 2018-884, § 2, 2-27-2018; Ord. No. 2018-887, § 1, 5-22-2018; Ord. No. 2021-915, § 1, 4-27-2021; Ord. No. 2024-951, § 2, 10-22-2024)

If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional the same shall not affect the validity of this chapter as a whole or any part or provisions hereof, other than the part so decided to be invalid or unconstitutional.

(Ord. No. 340, § 20, 5-20-1980)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes greater restrictions including but not limited to those upon the use of buildings or premises or upon height of buildings than are imposed by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this chapter shall govern.

(Ord. No. 340, § 21, 5-20-1980)