Johnson City City Zoning Code

Property abutting upon a street shall be understood as also abutting property on the other side of the street.

A subordinate building, with or without separate utilities, the use of which is incidental to and used only in conjunction with the main building. Examples of accessory buildings include, but are not limited to, carports and garages, associated living quarters, and storage buildings.

A use incidental or secondary to the principal use of a lot, building, or structure and located on the same lot as the principal use.

Layout of a site in which the borders are touching, adjoining, contiguous, or abutting.

A person authorized by another to act for him; one entrusted with another's business.

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

Any change, addition, or modification in construction, [or] any change in the structural members of a building, such as walls or partitions, columns, beams, or girders.

A subordinate building, the use of which is incidental to the main building and used for habitation. Associated living quarters shall not be used for commercial.

A detached structure or grouping of structures in which rooms are rented to transient guest[s] on an overnight basis and breakfast is served. See short-term rental unit definition herein.

A room furnished with a bed and intended primarily for sleeping.

An area within the City enclosed by streets or alleys and occupied by or intended for building.

The Zoning Board of Adjustment of the City.

That portion of an open space that separates residential and commercial districts.

A structure intended for shelter, occupancy, housing, or enclosure of persons, animals, chattel, or moveable property of any kind.

The legally designated inspection authority of the City, or the authorized representative.

A building limit fixed at a specific distance from the property boundaries of a lot beyond which a structure cannot lawfully extend.

The line within a property defining the minimum horizontal distance between a building and the adjacent property or street line.

An enclosed structure in which is conducted the principal use of the lot on which it is situated. See structure, principal definition herein.

A building or room used for social amusements; specifically: one used for gambling.

A certificate issued by the Building Official for the use of a building, structure, and/or land complying with the provisions of all applicable City codes, ordinances, and regulations.

A structure owned and/or used by a religious organization or congregation that provides regular organized religious worship, religious training, or education of its members. The term also includes a rectory, convent, meeting hall, or offices for administration of the institution. A church may include dwelling units for religious organization personnel located within an accessory structure.

The City of Johnson City, Texas.

The governing body of the City of Johnson City, Texas.

The incorporated boundary limits of the City of Johnson City, Texas.

The legally authorized representative when acting in an official capacity for the City.

A building or buildings that contain local government offices and often recreational or cultural facilities for the public.

An association of persons for the promotion of some common objective, such as literature, science, politics, good fellowship, and the like, meeting periodically and limited to members.

A private way which affords the principal means of access to individual home lots or auxiliary buildings.

A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a "planned unit."

A community-based residential home for persons with a disability as defined by Texas Human Resources Code chapter 123, as amended.

A periodically updated document that unifies all elements and aspects of City planning. This Plan serves as a policy guide to zoning and subdivision decisions reflecting the best judgment of the staff, the Planning and Zoning Commission, and the City Council.

A use which is not automatically permitted by right, but which may be permitted within a Zoning District, subject to meeting specific conditions. A conditional use permit is approved and granted by the City Council.

The total area of all structures, paved driveways, or other soil disturbances that will not allow normal water infiltration. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site. Landscaping shall not be deemed part of the lot coverage.

The quantity of an item per unit area. For example, the number of dwelling units per acre.

A classification applied to any certain land area within the City stipulating the regulations of land usage and development.

A minor entranceway off the common access route within the City, into an off-street parking area.

The sale of fabric, thread, clothing, and related merchandise (not hardware and groceries).

A structure, or portion thereof, which is designed or used exclusively for residential purposes, including living quarters onsite with business, mobile/manufactured homes, single-family, duplex, residential loft, and multifamily.

See associated living quarters.

A building or group of buildings that contain multiple separate housing units (2+) for residential use.

Open residential living space located on second or higher floors with very few (if any) interior walls. Lofts tend to have very high ceilings and tall windows. Traditionally, lofts are converted warehouses with exposed brick, pipes, and support beams, but modern lofts may not have those features.

A building, or portion of a building, that is arranged, occupied, or intended to be occupied as living quarters and that includes facilities for food preparation, bathing, use of the toilet, and sleeping.

An interest in land granted to the City by the public, generally, and/or to a private utility corporation for installing or maintaining utilities across, over, and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

Contained within a building; activity being inside a structure having walls on all sides and a roof overhead.

A person duly authorized and properly registered under the provisions of the State Engineering Registration Act,[1] as heretofore or hereafter amended, to practice the profession of engineering.

Any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity. Entertainment includes, but is not limited to, live vocalists, musicians, disc jockeys, comedians, karaoke, performers (paid or not, including contestants), zoos, concerts, carnivals, expositions, miniature golf courses, rodeos, driving ranges, arcades, fairs, exhibitions, athletic contests, tent shows, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enterprises.

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

A barrier, railing, or other upright structure, typically of wood or wire, enclosing an area of ground to mark a boundary, control access, or prevent escape and constructed of uniform materials throughout the barrier.

All property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is dead-ended, then all the property abutting on one side between and intersecting street and the dead end of the street.

The sale of tangible personal property at retail by a person who is not in the business or does not hold himself or herself out to be in the business of selling tangible personal property at retail.

An accessory building, or a portion of a main building, used for the storage of motor vehicles and parking, as may be required, in connection with the permitted use of the main building.

An interim or permanent residential facility shared by six or fewer people who do not meet the definition of "family" and including any resident staff who share a single housekeeping unit. This does not include a "community home" nor facilities that permit sleeping arrangements on a daily basis.

The vertical dimension measured from the average elevation of the finished lot grade at the front of a building to the highest point of the roof ridge, including, but not limited to, a cupola, spire, crows nest, or other permanent appurtenances located on a roof.

A home providing care for the terminally ill.

An institution licensed by the state as a hospital where humans are given medical treatment.

A building or an arrangement of buildings designed and occupied as a temporary abiding place of individuals, usually for a period of less than 30 consecutive days, who are lodged with or without meals. The rooms are usually occupied singly for hire, and there may or may not be provisions for cooking in individual rooms or apartments. This does not include bed and breakfast facilities or short-term rentals.

An open, hard-surfaced area of land, other than a street or public right-of-way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and alleys.

A designated parcel, tract, or area of land established by a plat or otherwise permitted by law to be used, developed, or built upon as a unit. For purposes herein, the terms "lot," "parcel," "tract" or "area of land" can be used interchangeably.

A boundary line of a lot.

The lot line adjacent to street right-of-way. In the case of a corner lot, only one lot line shall be designated as the front lot line.

The lot line opposite the front lot line of said lot and not intersecting with the front lot line.

A lot line which intersects the front lot line of said lot.

A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk; or a parcel of land, the deed of which was recorded in the office of the County Clerk.

The straight-line distance between the side lot lines, measured at the two points where the front building line intersects the side lot lines.

The net area of a lot, including any portion of an easement which may exist on said lot, exclusive of any portion of streets, alleys, or rights-of-way.

A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points of the intersection of the side lot lines intersect at an interior angle of at least 135 degrees.

The average horizontal distance between the front and rear lot lines.

A lot having a frontage on two nonintersecting streets as distinguished from a corner lot.

A building lot other than a corner lot.

A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. This term does not include a recreational vehicle or accessory building.

A unified development of mobile or manufactured homes and travel ownership spaces arranged on a tract of land under single entity ownership, meeting all requirements of this article.

A structure constructed before June 15, 1976 that is built on a permanent chassis and designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; is transportable in one or more sections, which in traveling mode is at least eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and includes the plumbing, heating, air conditioning, and electrical systems of the home.

The entire width of a right-of-way held by the City in fee or by easement or dedication that has a part open for public use for vehicular travel. The term does not include a designated State or Federal highway or road or a designated County road.

Use of land, a structure, or a lot which does not conform to the requirements of this article because such use had been established and has been in existence prior to and after the effective date of adoption of this article; a land use, structure, or lot which does not conform with the regulations of this article as a result of the adoption or amendment of this article or of any subsequent reclassification of a zoning district.

A child care facility which is a State licensed facility operated in accordance with State Law that provides care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the service it offers.

A home for the aged, chronically ill, or incurable persons who have difficulty or are unable to care for themselves and in which three or more persons, not of the immediate family, reside or are provided with food, shelter, or care for compensation. This definition does not include hospitals, clinics, or other similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

The use or intended use of the land or building by proprietors or tenants.

An enclosed or unenclosed area, not on a public street or alley, established for or used for the parking of a motor vehicle.

An area used for the storage of motor vehicles located wholly within a single lot whose use is dedicated to that lot.

Space included in any side, rear, or front yard or any unoccupied space of a lot that is open and unobstructed to the sky, except for the ordinary projection of cornices, eaves, or porches.

The storage of materials and/or products associated with a business. For industrial storage, such storage requires a structure designed for and/or devoted to the containment of the item or items, such as an oil storage tank or grain elevator.

A motor vehicle, trailer, or boat, which by itself or together with other structure(s) or vehicle(s) attached to it, exceeds 24 feet in length, 8 feet in width, 8 feet in height, or rated larger than a 1-ton pickup truck, exclusive of apparatus such as antennas, luggage racks, and mirrors.

An area not within a building designed and used for the storage of motor vehicles.

The area required for the placement of a common sized automobile with sufficient room to enable the vehicle access in and out of the space. See City Design Standards for parking space minimum dimensions.

An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity.

Use of a lot which is among the uses allowed as a matter of right, subject to the restrictions of the zoning district in which the lot is located.

An individual, association, firm, corporation, governmental agency, political subdivision, or partnership, incorporated association, limited liability company, or any other similar entity of any kind.

The Planning and Zoning Commission of the City of Johnson City, Texas.

A complete and exact plan for the subdivision of a tract of land into lots for building purposes, which, if approved, may be submitted to the County Clerk for recording.

A plan showing the use of the land, to include locations of buildings, drives, sidewalks, parking areas, drainage facilities and other structures to be constructed.

A person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent or representative thereof, that has sufficient proprietary interest in the land to be zoned. An owner shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer.

A motorized vehicle or non-motorized trailer designed and/or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively, having no foundation other than wheels or jacks.

Any parcel or tract of land under the control of any person, organization, or governmental entity wherein two or more designated sites are offered for the use of the public or members of an organization by rent or lease, including park-owned recreational vehicles held out for rent. RV parks are primarily designed to accommodate recreational vehicles and camping.

A facility that provides therapy and training for rehabilitation, such as physical, occupational, and speech therapy.

A room containing a toilet, sink, and a bathtub or shower.

The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement.

The establishment of an opaque fence or barrier for the purpose of obscuring a particular land use, structure, or activity from sight.

A line which marks the setback distance from the property line, and establishes the minimum required front, side, and rear yard space of a building plan.

The rental of any residential dwelling unit or associated living quarters for less than 30 days.

Any device or surface on which figures, letters, illustrations, photographs, designs, logos, or outlines are used for such purposes as identification of individuals, partnerships or organizations, advising of products and/or location which is visible to the public. This includes light, banners, and similar devices to attract attention, but excludes signs affixed to motor vehicles.

The State of Texas.

A subordinate building, with or without utilities, the use of which is incidental to and used in conjunction with the main building only.

That portion of a structure included between the surface of any floor and the surface of the floor directly above it, or, if there is no floor above it, the space between the floor and the ceiling above it; provided that a room, suite, or story with more than one-half of its height below grade shall not be considered a story for the purposes of height regulations.

A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker and his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

One having 11 feet six inches between floors.

A public or private right-of-way which affords the principal means of access to abutting property. The term "street" shall include avenue, drive, circle, road, boulevard, highway, or any other similar term.

A dividing line between a lot, tract, or parcel of land and a contiguous street right-of-way line.

Anything constructed or built, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

The principal structure which fulfills the purpose for which the building plot is intended. See building, main definition herein.

The division or redivision of land into two or more lots, tracts, sites, or parcels.

Any institution providing short-term transitional services to offenders within a period of time following their release on parole or expiration of sentence.

The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which is it occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this article.

A legal deviation of a district zoning regulation whose strict enforcement will result in undue hardship. Pecuniary hardship to the owner, standing alone, shall not be deemed to constitute undue hardship. A variance is reviewed and approved by the Zoning Board of Adjustment.

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. 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 the rear yard, the minimum horizontal distance between the lot lines and the main building shall be used.

A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or property line and the main building or any projections.

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.

A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereon.

The Chief Administrative Officer of the City ("COA"), or designee.

A classification applied to a certain land area within the City stipulating the limitations and requirements of land usage and development.

The official zoning map of the City upon which the boundaries of the various zoning districts are drawn.