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; and the words or terms “Special Use Permit” and “Specific Use Permit” have the same meaning and are interchangeable.
Accessory Building or Use:One which: (a) is subordinate to and serves a 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 use served. “Accessory” when used in the text shall have the same meaning as accessory use. An accessory building may be a part of the principal building. Servant’s quarters, as defined, are an accessory building or use.
Alley:A public right-of-way which affords a secondary means of access to abutting property.
Alterations: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, the consummated act of which may be referred to herein as “altered” or “reconstructed.”
Apartment:A dwelling unit in an apartment building occupied as a place of residence.
Apartment Building:An “apartment building” is a building or any portion thereof, which contains three or more dwelling units, located in the same building lot. An apartment building is a multifamily dwelling.
Auto Laundry:A building, or portion thereof containing facilities for washing automobiles using automated methods including chain conveyor, blower, steam cleaning device, or other mechanical devices. A self-service type carwash is an auto laundry.
Automobile Repair, Major:Major repair, rebuilding, or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; those uses lasted under “Automobile Repair, Minor”; and other similar uses.
Automobile Repair, Minor:Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspection; servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under “Automobile Repair, Major” or any other similar use.
Awning:A roof-like cover of a temporary nature that projects from the wall of a building.
Bakery:A place for preparing, baking and selling all products on the premises where prepared.
Basement:A story wholly or partly (at least 50 percent) measured from floor to ceiling, below the level of the ground on the street side of the building. A basement or cellar is not counted when measuring the height of a building.
Block:A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, highways, streams, or corporate boundary lines. There may be more than one numbered block as shown on a plat falling within a single block as herein defined.
Block Face:A word 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.
Board:Shall mean the Board of Adjustment established in Section
26 of this Ordinance.
Build:To erect, convert, enlarge, reconstruct, or alter a building or structure.
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.
Building:Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
Building Line:The rear line of a required front yard which is generally parallel to the street line forming the front lot line.
Building Lot:A single tract of land located within a single block which (at time of filing for a building permit) is designed 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 street or approved place. Therefore, a “building lot” may be subsequently subdivided into two or more “building lots,” and a number of “building lots” may be cumulated into one “building lot,” subject to the provisions of this Ordinance and the Subdivision Ordinance.
Building, Mixed:A building used partly for residential use and partly for community facility and/or commercial use. A mixed building is a commercial use.
Building Official:The administrative official charged with responsibility for issuing permits and enforcing the Zoning Ordinance and Building Code.
Building, Principal:A building in which the principal use of the lot, on which it is located, is conducted. All residential uses, except bona fide servant’s quarters, are principal uses.
Building, Residential:A building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers.
Carport:A structure open on a minimum of three (3) sides designed or used to shelter the owner’s vehicle(s), not to exceed twenty-four (24) feet on its longest dimension.
Certificate of Occupancy or Compliance:An official certificate issued by the City 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.
City:Shall mean the City of Lowry Crossing, Texas
City Council:The governing body of the City of Lowry Crossing, Texas
Cleaning:A custom cleaning shop not exceeding five thousand (5,000) square feet of floor area.
Clinic:The office of one or more medical doctors, dentists, optometrists, or similar members of the medical professions who may or may not have associated in the practice of their professions.
Clustering:A land development concept whereby the buildings on a site are grouped closely together but not attached to allow for communal open space and economies in development. Clustering permits variation in lot size, shape and orientation without an increase in the overall density of the development.
College or University:An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools.
Community Club:any club, (other than a private club), service club, sorority, fraternity, lodge or other private organization or club where alcoholic beverages are not served pursuant to a private club permit issued by the State of Texas.
Concrete Block:Any of the molded load-bearing or non-load-bearing concrete units normally 8" x 8" x 16".
Convalescent Home:Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.
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 open space.
Coverage:The percent of a lot or tract covered by the first floor or the largest floor of a building or structure whichever is larger, including all covered porches, patios, garages, accessory buildings, etc. Unsupported roof overhangs and other allowed architectural projections shall be excluded from coverage computation.
Cumulative Zoning:The successive addition of uses allowed in more restrictive zoning districts to lesser restrictive zoning districts.
Curb line:A line created by following the edge of the street or curb.
Density:The relationship of the total number of dwelling units to the area of the total site area commonly expressed as “dwelling units per acre.”
Depth of Lot:The mean horizontal distance between the front and rear lot lines. See illustration #12.
Development, or the [to] Develop:The construction of a new building or any structure on a building lot, the relocation of an existing building on another building lot, or the use of open land for a new use. To “develop” is to create a development.
District:A zoning district which is a part of the City wherein regulation of this Ordinance is uniform.
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.
Dwelling, One-Family:A dwelling having accommodations for and occupied by not more than one family, or by one family and not more than four (4) boarders and lodgers.
Dwelling, Two-Family:A dwelling having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders and lodgers. (Two boarders or lodgers to each unit.)
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.
Equestrian center:means a building and related facilities for the boarding of horses, the training of horses and the riders thereof, and the staging of equestrian events, but does not include the racing of horses.
Event Center:An establishment that is leased on a temporary basis before the event by individuals or groups who reserve the facility to accommodate private functions, including but not limited to banquets, weddings, anniversaries, receptions, business organizational meetings, and other similar functions, to which the general public is not admitted and for which no admission charge is imposed. Such establishments may include kitchen facilities for the preparation of food and areas for dancing, dining and other entertainment activities. An event center does not include a game room, bar, pool hall, dance hall, night club or concert hall.
Family:Consists of one or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than four persons (excluding servants) who are living together in a dwelling unit.
Farm:An area of five (5) acres or more 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 or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.
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.
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. (See Appendix Illustration No. 15)
Garage, Private:An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is necessary [accessory].
Garage, Public:A building or portion thereof, other than a private or storage garage, designed or used for storing motor-driven vehicles.
Gasoline Station or Filling Station:Any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. If the dispensing, sale or offering for sale is incidental to a public garage, the premises shall be classified as a public garage.
Greenhouse:A structure made of semi-transparent or transparent top and side coverings, to be used for growing. Flooring may be impermeable and permeable.
Gross Acreage:The total size of the property including floodplains, easements, and other non-buildable areas located on the property.
Health Service:A charitable or government operated facility offering to the public medical examinations, diagnosis and limited treatment not for profit.
Heavy Load Vehicle:A self-propelled vehicle having a load capacity greater than one and one-half (1-1/2) tons, such as large recreation vehicles, tractor-trailers, buses, and other similar vehicles; the term “truck” shall be construed to mean “heavy load vehicle” unless specifically stated otherwise.
Height:The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof’s surface if a flat surface, (2) to the deck line of mansard roofs or, (3) to the mean height level between eaves and ridge for hip and gable roofs and, in any event, excluding chimneys, cooling towers, elevator bulk heads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.
Home occupations:A business, occupation, or profession conducted within a residential dwelling unit by the resident thereof, and which shall have the following characteristics and must comply with health, safety, party, noise, and other ordinances, this is to acknowledge permitted commercial business in residential districts.
1. Storage of materials or equipment, behind the primary dwelling.
2. Traffic or parking of vehicles must have adequate driveway space.
3. Must follow compliance of ordinances for health and safety, smoke, dust, noise, fumes, glare, vibration, electrical disturbances, etc.
4. A sign limited to identifying the business with a maximum size limited to 1 foot by 2 foot placed near the address marker, often the mailbox.
5. Visits by the general public must follow ordinances related to parking and loading.
6. Violation of ordinances, therefore gives cause of the city to order and cease to all commercial activity, or other remedy applicable by law.
Hospital:A legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the prolonged care of bed patients. Clinics may have some but not all of these facilities.
Hotel:An establishment offering lodging to the transient public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms is through a common entrance and lobby. A hotel is a nonresidential use.
Junk or Salvage Yard:A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A “junkyard” includes an automobile wrecking yard and automobile parts yard. A “junkyard” does not include such uses conducted entirely within an enclosed building.
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 minimum dimensions of twelve (12) by sixty (60) feet for industrial and warehouse uses and twelve (12) by thirty (30) feet for commercial, retail and institutional uses with a vertical clearance of at least fourteen (14) feet, together with access and maneuvering areas provided on the same building lot as the principal use for which the loading space is intended.
Lot Area:The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. (See Appendix Illustration No. 12)
Lot, Corner:A building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed 135 degrees.
Lot Depth:The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective midpoints of the front lot line and rear lot line within the lot boundary. (See Appendix Illustration No. 12)
Lot Line, Front: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 a front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line. (See Appendix Illustration No. 11)
Lot Line, Rear:That boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line.
Lot Line, Side:That boundary of a building lot which is not a front lot line or a rear lot line.
Lot of Record: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 or an area of land held in single ownership described by metes and bounds upon a deed recorded of [or] registered with the County Clerk.
Lot, Reverse Corner:A corner lot, rear lot line of the street which abuts the side lot line of the lot to its rear.
Lot, Through:A “double frontage” lot is a building lot not a corner lot, both the front and rear lot lines which adjoin street lines. On a “through lot” both street lines shall be deemed front lot line.
Lot Width:The minimum distance between the side lot lines of a building lot measured along a straight line at the rear of the required front yard and parallel to the street line or a line tangent thereto. (See Appendix Illustration No. 11)
Manufactured Home:A term sometimes used to describe a HUD-code manufactured home of [or] a Federal Manufactured Home. See Section
18-11 for definitions of HUD-code manufactured home and Federal Manufactured Home. A manufactured home shall not be construed to be a mobile home.
Masonry:Brick, stone, concrete or other similar materials but excluding stucco and “concrete blocks.” The masonry requirement shall be computed for the area from the foundation to the top plate of the first floor and from plate to plate for each floor above the first.
Mobile Home Park:Any premises on which two or more mobile homes are parked or situated and used for living or sleeping purposes, or any premises used or held out for the purpose of supplying to the public a parking space for two or more mobile homes whether such vehicles stand on wheels or on rigid supports. A trailer park is a mobile home park.
Modular Home:A name sometimes used for describing a Manufactured Home. See Section
18-11. A modular home is a residential use. A mobile home shall not be construed to be a modular home.
Motel, Motor Hotel, or Tourist Court:An establishment offering to the transient public the use of guest rooms or sleeping accommodations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accommodations the majority of which have private and direct access from parking areas not through common entrance and lobby. The establishment furnishes customary hotel services and many contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A motel is a nonresidential use.
Motorcycle:A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and may have a side car attached. For purposes of this ordinance, motor bikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles.
Motor Freight Terminal:A building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. A motor freight terminal is a truck terminal.
Net Acreage:The total buildable area of a lot. Net acreage shall not include floodplain area, public rights-of-way, or other areas where buildings cannot be located.
Nonconforming Use:Any building or land lawfully occupied by a use at the time of the adoption of this Ordinance or amendments thereto, not permitted by the use regulations, lot requirements or other regulations of this Ordinance of the district in which it is attained [maintained].
Noxious Matter:A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans.
Occupancy:The use or intended use of the land or buildings by proprietors or tenants.
Open Space:That part of a building lot, including courts or yards, which:
1. Is open and unobstructed from its lowest level to the sky, and
2. Is accessible to all residents upon a building lot, and
3. Is not part of the roof of that portion of the building containing dwelling units.
Open Storage:The storage of any equipment, machines, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet above ground level.
Package Store.A retail establishment that sells liquor, malt beverages, and vinous liquors, as those terms are defined or described by the Texas Alcoholic Beverage Code, to the public for the purpose of off-premise consumption only.
Parking Space:An enclosed or unenclosed all-weather surfaced area 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.
Patio Home:A single-family detached dwelling unit on an individually platted lot. The structure is situated on or near one side lot line to facilitate use of the remaining side yard on the opposite side of the building.
Planning and Zoning Commission:The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning and review of subdivision plats.
Planning Director:The administrative official responsible for the administration of this ordinance during the platting and/or rezoning process.
Plat:A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Lowry Crossing subject to review by the Planning and Zoning Commission and approval by the City. Reference to a Plat in the ordinance means an official Plat of Record which has been reviewed by the Planning and Zoning Commission and approved by the City and filed in the plat records of Collin County.
Premises:Land together with any buildings or structures occupying it.
Private Club:a club where alcoholic beverages belonging to members of the club are stored, possessed, mixed on the club premises and served for on-premises consumption to members of the club, their families and guests pursuant to a private club permit issued by the State of Texas.
Public Park:Any publicly owned park, playground, beach, parkway, greenbelt, or roadway within the jurisdiction and control of the City.
Recreation Area:A privately owned park, playground, or open space maintained by a community club, property owners’ association, or similar organization.
Residential Structure:Any single-family, multifamily, or apartment building, condominium project, town home, [or] zero lot line home as defined by the Federal Department of Housing and Urban Development.
Rest Home or Nursing Home:A private facility for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treatment of disease or injury.
Retail Stores and Shops:Facilities which offer all types of consumer goods for sale, but excluding the display and sale in the open, outside a building, of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials.
School:A school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including private or trade or commercial schools.
Screening Device:A “screening device” shall consist of a barrier of stone, brick, uniformly colored wood, or other permanent material of equal character and density, as approved by the planning and zoning commission, no less than six (6) feet in height and no more than eight (8) feet in height.
Servant Quarters:Servant quarters for persons in the employ of the family occupying the principal structure and their main income is derived from working on the property.
Story:That part of a building between the surface of a floor and the ceiling immediately above. A standard story is eleven feet six inches (11'6").
Street:A public right-of-way which affords a primary means of access to abutting property. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a street.
Street Line:A “street line” is the right-of-way of a street.
Stucco:A continuous plaster or mortar exterior veneer, finished by hand troweling over wire lath.
Tennis or Swim Club:A private recreational club with restricted membership, usually of less area than a Country Club, but including a clubhouse and swimming pool, tennis courts and similar recreational facilities, none of which are available to the general public.
Top Plate Line:That point at which the ceiling plane of the uppermost story intersects the vertical wall plane.
Townhouse:attached single-family dwelling units on individually platted lots.
Toxic Materials:Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
Use:The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of such activity with respect to the standards of this ordinance.
Use, Principal:The main use of land or buildings as distinguished from a subordinate or accessory use.
Video Amusement:Arcade and other commercial indoor coin-operated amusement facility.
Visual Screen:A wall, not of living plant material, permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall is of sufficient height [sic] so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and six (6) feet above ground level. No wall shall exceed eight (8) feet in height.
Wholesale Sale of Alcoholic Beverages:An establishment that sells, for wholesale (non-retail) purposes only, liquor, malt beverages, and vinous liquors, as those terms are defined or described by the Texas Alcoholic Beverage Code, for the purpose of off-premise consumption only.
Yard: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. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. 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. (See Appendix Illustration No. 13)
Yard, Front:A yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps, planter box, unenclosed porches, and driveways. (See Appendix Illustration No. 13)
Yard, Rear:A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, unenclosed porches, or driveways.
Yard, Side:An open unoccupied space on the same lot with the building, situated between the building and the side property line of the lot, and extending through to the street or the front property line. (See Appendix Illustration No. 13)
Zoning District Map:The map or maps incorporated into this ordinance as a part thereof by reference thereto.