La Grange City Zoning Code
PART I
ENACTMENT AND DEFINITIONS
§ 1 Title.
This ordinance shall be known and may be cited as “Zoning Ordinance, City of La Grange, Fayette County, Texas.”
(Ordinance adopted 10/10/83, sec. 1)
§ 2 Definitions.
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure”; the word “shall” is mandatory and not directive; the word “lot” includes the word “plot”; the term “used for” includes the meaning “designed for” or “intended for”. Said words and terms are as follows:
(1)
Accessory building or use:
An “accessory building or use” is one which:
(a)
Is subordinate to and serves a principal building or principal use; and
(b)
Is subordinate in area, extent, or purpose to the principal building or principal use served; and,
(c)
Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and,
(d)
Is located on the same building lot as the principal building or principal use served;
(e)
Includes customary home occupations such as the office of a dressmaker, musician or artist provided that such uses are located in the dwelling used by such a person as his or her private residence, and provided that no person not a member of the family residing on the premises is employed, and no window display or sign is used to advertise the same, unless attached flatwise to the house and does not exceed two (2) square feet in surface area.
(2)
Alley:
A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.
(3)
Apartment:
A room or suite of rooms in a multiple dwelling, or in a building in which more than one living unit is established above or on the same floor as nonresidential uses, which room or suite is intended, or designed for use as a residence by one family and which includes culinary accommodations.
(4)
Apartment house:
A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building, including apartments and apartment hotels.
(5)
Boarding house:
A building, other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons but not exceeding twenty (20) persons.
(6)
Block face:
A “block face” is a side of a block facing upon a street, within which lots face the abutting street.
(7)
Board:
The word “board” shall mean the board of adjustment.
(8)
Build:
The word “build” means to erect, convert, enlarge, reconstruct or alter a building or structure.
(9)
Buildable width:
The “buildable width” of a building site is the width of the building site left to be built upon after the required side yards are provided.
(10)
Building:
A “building” is any structure built for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind.
(11)
Building height:
The vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(12)
Building line:
A line parallel or approximately parallel to the street line and beyond which buildings may not be erected.
(13)
Building lot:
A “building lot” is a tract of land which, at the time of filing for a building permit, is intended by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a dedicated street or approved place.
(13.1)
Carport:
An unenclosed structure, consisting of a roof of metal or wood construction supported by poles, beams or posts of either wood or metal with the sides and ends open and unobstructed and used for the purpose of protecting a motor vehicle from the effects of the weather.
(14)
District:
A “district” is a zoning district which is a part of the City of La Grange, Texas wherein the regulations of this ordinance are uniform.
(15)
Dwelling:
Any building or portion thereof which is designed for or used for residential purposes.
(16)
Dwelling, single-family:
A building designed for or occupied exclusively by one family.
(17)
Dwelling, two-family:
A building designed for or occupied exclusively by two (2) families.
(18)
Dwelling, multi-family:
A building designed for or occupied exclusively by three (3) or more families.
(19)
Dwelling unit:
A “dwelling unit” is one or more rooms, which are arranged, designed, used, or intended to be used for occupancy by a single family or a group of persons living together as a family or by a single person. Bathrooms and kitchen facilities, permanently installed, are provided for each dwelling unit.
(20)
Frontage, block:
All the property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(21)
Hotel:
A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house or an apartment.
(22)
Loading space:
A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
(23)
Lot:
A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street or upon an officially approved place.
(24)
Lot, corner:
A “corner lot” is a building lot situated at the intersection of two (2) streets, the interior angle of such intersection not to exceed one hundred thirty-five (135) degrees.
(25)
Lot, interior:
An “interior lot” is a building lot other than a corner lot.
(26)
Lot, through:
A “through lot” is a building lot where both the front and rear lot lines adjoin street lines. On a “through lot” both street lines shall be deemed front lot lines.
(27)
Lot area:
The “lot area” is the area of a horizontal plane intercepted by the vertical projections of the front, side and rear lot lines of a building lot.
(28)
Lot depth:
“Lot depth” is the mean horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary.
(29)
Lot line, front:
A “front lot line” is that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line provided a front and rear yard are established adjacent and opposite, respectively to the front lot line.
(30)
Lot line, side:
A “side lot line” is any boundary of a building lot which is not a front lot line or a rear lot line.
(31)
Lot line, rear:
The “rear lot line” is that boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line.
(32)
Lot width:
The “lot width” is the minimum distance measured in a straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building line opposite from the front lot line and one which must touch the building line at one point.
(33)
Lot of record:
A “lot of record” is an area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the State of Texas with the county clerk of the County of Fayette, Texas, or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.
(34)
Nonconforming use, building or yard:
A use, building, or yard, existing legally at the time of passage of this ordinance, which does not, by reason of design or use, conform with the regulations of the district in which it is situated.
(35)
Nonconforming use:
A “nonconforming use” is any use within a district that is not specifically permitted by the use regulations of the district in which it is located.
(36)
Nuisance:
A “nuisance” shall be any cause or source of annoyance or harm to person or property in a particular locality which constitutes an invasion or disturbance of another’s rights.
(37)
Open storage:
“Open storage” is the storage of any equipment, machinery, commodities, raw or semi-finished materials and building materials which is visible from any point on the building lot line when viewed from ground level to six (6) feet above ground level.
(38)
Parking space, off-street:
An 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, surfaced with an all weather surface, enclosed or unenclosed. A public street shall not be classified as off-street parking in computing the parking requirements for any use, nor shall head-in parking adjacent to a public street and dependent upon such street for maneuvering space.
(39)
Place:
An open, unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
(40)
Servants quarters:
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.
(41)
Story:
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
(42)
Story, half:
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and which space not more than sixty per cent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.
(43)
Street:
A public or private thoroughfare which affords the principal means of access to abutting property.
(44)
Street line:
A dividing line between a lot, tract or parcel of land and a contiguous street.
(45)
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, buildings of all types, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.
(46)
Structural alterations:
Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.
(47)
Trailer camp or park:
An area designed, arranged or used for the parking or storing of two (2) or more auto trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families.
(48)
Use:
The “use” of property is the purpose or activity for which the land, or building thereon, is designed, arranged, or intended or for which it is occupied or maintained.
(49)
Yard:
A “yard” is an open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. A “yard” extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located.
(50)
Yard, required front:
A “required front yard” is a yard extending along the front lot line between the side lot lines, the depth of which is measured from the front lot line and the dimension of which is in accordance with the front yard requirement for the district in which it is located.
(51)
Yard, required rear:
A “required rear yard” is a yard extending along the rear lot line between the side lot lines, the depth of which is measured from the rear lot line and the dimension of which is in accordance with the rear yard requirements for the district in which it is located.
(52)
Yard, required side:
A “required side yard” is a yard extending along the side lot line between the front and rear yards, the width of which is measured from the side lot line and the dimension of which is in accordance with the side yard requirements for the district in which it is located.
(53)
Zoning map:
The “zoning map” is the map or maps incorporated into this ordinance as a part hereof by reference thereto.
(Ordinance adopted 10/10/83, sec. 1)
§ 3 Interpretation, purpose and conflict.
The interpretation and application of the provisions of this ordinance shall be construed as the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenants or other agreements between parties provided, however, that where this ordinance imposes a greater restriction upon the use of buildings, or premises or upon height of building or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this ordinance shall govern. This ordinance is not intended to abrogate or annul any permit issued before the effective date of this ordinance.
(Ordinance adopted 3/25/81, sec. 1; Ordinance 513, sec. 2, adopted 2/12/90; Ordinance 615, sec. 1, adopted 11/23/98)
§ 4 Preserving rights in pending litigation and under existing ordinances.
By the passage of this ordinance no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded within all respects as if this ordinance had not been passed.
(Ordinance adopted 3/25/81, sec. 1; Ordinance 513, sec. 2, adopted 2/12/90; Ordinance 615, sec. 1, adopted 11/23/98)