August 8, 1996 - By Well Estates is zoned Planned Development.

April 8, 2010 - Love’s Travel Stops and Country Stores

3/13/2008 - Eddie Walker U.S. 81/287 service road and Randall Street was granted a Special Use Permit to build their building.

8/13/2009 - Mark Moran, 101 N. Main Street - with a Special Use Permit to build a one (1) bedroom Loft Apartment. (Ordinance 2013-11 adopted 11/14/13)

2/9/2017 - Linda Grant, 280 West 1st Street was granted a Special Use Permit for a Carport as an accessory use. (Ordinance 2017-7 adopted 2/9/17)

8/9/2018 - Robert Britton, 301 North Redbud Court was granted a Special Use Permit for a Carport as an accessory use. (Ordinance 2018-27 adopted 8/9/18)

8/8/2019 - Oleta White, 200 East Third Street was granted a special use permit for a carport as an accessory use. (Ordinance 2019-07 adopted 8/8/19)

3/12/2020 - David Teaff, 126 North Redbud Street was granted a special use permit for a carport as an accessory use. (Ordinance 2020-03 adopted 3/12/20)

3/12/2020 - Gary Norman, 131 North Redbud Street was granted a special use permit for a carport as an accessory use. (Ordinance 2020-04 adopted 3/12/20)

10/22/2020 - Randy Murdock, 321 Redbud Street was granted a special use permit for a carport as an accessory use. (Ordinance 2020-19 adopted 10/22/2020)

12/10/2020 - Cindi Crews, 620 Stirling Road was granted a special use permit for a carport as an accessory use. (Ordinance 2020-21 adopted 12/10/2020)

Abandoned Structure - Any structure used or intended for supporting or sheltering any use of [or] occupancy which is discontinued for, or which remains vacant for a period of six (6) months. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance.

Access Easement (Private) - An easement designed on the Final Plat or by separate document, which provides access to lots or between lots. The easement shall meet all of the requirements set forth by the City (i.e., construction standards, width, and function) but is privately maintained.

Access Easement (Public) - An easement designed on the Final Plat or by separate document, which provides access to lots or between lots. The City of Rhome or utility companies shall at all times have the right of ingress and egress to and from and upon their designated easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. The easement shall meet all of the requirements set forth by the City (i.e., construction standards, width, and function) but is privately maintained.

Accessory Building - A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. An accessory building is a structure housing an accessory use.

Accessory Use - A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. An accessory building is a structure housing an accessory use.

Alley - A minor public right-of-way not intended to provide the primary means of access to abutting lots, which is primarily for vehicular service access to the back or sides of properties.

Antenna - An instrument or device consisting of wires, poles, rods, or reflecting discs, designed for transmitting or receiving any portion of the radio, microwave, [or] electromagnetic [spectrum].

Antenna (Commercial) - An antenna in excess of fifty feet (50’) in height from the base primary [primarily] used for commercial broadcasting. A satellite dish in excess of twelve feet (12’) in diameter shall be considered a commercial antenna. A microwave-transmitting tower is also a commercial antenna.

Antenna Noncommercial (Amateur Radio, Television, or CB Radio) - An antenna not exceeding fifty (50) feet in height above the ground elevation at the base of the tower, pole, structure or support. A satellite dish antenna not exceeding twelve feet (12’) in diameter shall also be considered as a noncommercial radio antenna. This term shall also include television and other radio antennas.

Apartment - A room or suite of rooms in a multiple-family dwelling or apartment house arranged, designed, or occupied as a place or [of] residence by a single family, individual or group of individuals.

Apartment House - Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments, or which is occupied as home or place of residence by three (3) or more families living in independent dwelling units.

Area of Lot - The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.

Automobile - A self-propelled passenger vehicle designed for use on streets and highways for the conveyance of people and goods.

Automobile Repair - Major - General repair, or reconditioning of engines and air-conditioning systems for motor vehicles; wrecker services; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed 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; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing or [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 uses.

Basement (or Cellar) - A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Block - A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

Board - The Zoning Board of Adjustments as established in Section 9.

Building - A structure built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire each portion so subdivided may be deemed a separate building.

Building Height - The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or a deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

Building Official - The building inspector or administrative official charged with responsibility for issuing [permits] and enforcing the Zoning Ordinance and Building Code.

Building Setback Line - The line within a property defining the minimum horizontal distance between [a building] or other structure and the property line and/or adjacent street line. Figure 13.

Carport - A structure open on a minimum of two sides designed or used to shelter not more than three vehicles and not to exceed twenty-four feet on its longest dimension. Also, called “covered parking area.”

Certificate of Occupancy - An official certificate issued by the City through the enforcing official - Building Official and Fire Inspector - which indicates conformance with or approved conditional waiver from the Zoning Regulations and authorizes legal uses of the premises for which it is issued.

City Council - The governing body of the City of Rhome, Texas. References to the “City” shall mean the City of Rhome.

Community Center - A building owned and operated by the City.

Community Center/Senior - A building owned and operated by the City.

Court - An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one (1) side open to a street, alley, yard or other permanent open space.

Cul-de-Sac - A street having but one outlet to another street, and terminated on the opposite lines, which provided pedestrian circulations.

Density - The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per gross acres of [or] net acres.

Detached - Having no physical connection above the top of the floor line of the first floor with any other building or structure.

Developer/Builder - Any person, business, corporation, association, or entity or entity responsible for or involved in the land development of the subdivision or addition, includes the construction of infrastructure or building of structures for residential or nonresidential occupancy. In most contexts the term Developer, Subdivider, and Property Owner are used interchangeably in these regulations.

Dwelling Multiple-Family - Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as a home or residence of three or more families.

Dwelling - One-Family - A detached building 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 detached building 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.)

Easement - The word “easement” shall mean an area for restricted use on private property upon which the grantee shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths that may endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of these easements. The City of Rhome or utility companies shall at all times have the right of ingress and egress to and from and upon their designated easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.

Engineer - A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans and specifications for subdivision development.

Family - One or more persons related by blood, marriage, or adoption, or a group not to exceed four (4) persons not all related by blood or marriage, adoption or guardianship, or occupying a dwelling unit.

Filing Date - The filing date is when all necessary forms, fees, and copies are submitted and accepted for filing by action of issuance of a fee receipt by the City.

Final Plat (also record plat or filing plat) - The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor with the subdivision location referenced to a survey corner and all boundaries, corners, and curves of land division sufficiently described so that they can be produced without additional references. The final plat of any lot, tract, or parcel of land shall be recorded in the records of Wise County, Texas. An amended plat is also a final plat.

Floodplain - An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FEMA floodplain map of the City of Rhome.

Floor Area - The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.

Floor Area Ration (FAR) - An indicated ration between the number of square feet of total floor area in the main building(s) on a lot and the total square foot of land in the lot; it is the number resulting from dividing the main building floor area by the lot area. (See Appendix Illustration 15.)

Garage, Private - An enclosed (on at least three (3) sides) accessory building, or a part of a main building, used for storage or automobiles and used solely by the occupants and their guests. Also called “enclosed parking space.”

Heavy Load Vehicle - A self-propelled vehicle having a Manufacturer’s recommended gross vehicle weight rating (GVWR) of greater than 14,000 pounds, such as large recreational vehicles, tractor-trailers, buses, and other similar vehicles. The term “truck” shall be construed to mean “Heavy Load Vehicle” unless specifically stated otherwise.

Home Occupation - A “home occupation” is a business, occupation, or profession conducted within a residential dwelling unit by the inhabitants of a dwelling which is clearly secondary to the use of the dwelling for dwelling purposes thereof, and which shall have the following characteristics:

1. The activity shall employ only member of the immediate family of the resident of the dwelling unit;
2. There shall be no external evidence of the occupation detectable at any lot line, said evidence to include advertising signs or displays, smoke, dust, noise, fumes, glare, vibration, electrical disturbance, storage of materials or equipment, or traffic or parking of vehicles in a manner evidencing the conduct of a business;
3. Said home occupation shall not have a separate entrance for the business and shall not include continual visits by the general public.

Uses that are not considered Home Occupations include beauty and barber shops, tearooms or restaurant, rest home or clinics, bed and breakfast facilities, cabinet repair shops, metalworking shops, and auto repair shops.

Any business, occupation or profession conducted within a dwelling unit and which does not meet the aforesaid characteristics shall be construed to be a commercial activity and shall therefore be cause for the City to order a cease to all activity within said dwelling unit.

Landscaping - Material such as, but not limited to, grass, ground covers, shrubs, vines, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Light Load Vehicles - A pickup truck having a manufacturer’s Gross Vehicle Weight Rating (GVWR) of fourteen thousand (14,000) pounds or less; or other self-propelled vehicle having a Manufacturer’s Recommended Gross Vehicle Weight Rating (GVWR) not greater than 11,000 pounds, recreational vehicles, campers, and other similar vehicles, but not including automobiles and motorcycles. Light Load Vehicle also includes any towed vehicle with a manufacturer’s Maximum Loaded Trailer Weight (MLTW) of eleven thousand (11,000) pounds or less, and/or having no more than two axles, such as boat trailers, motorcycle trailers, utility trailers, and cargo trailers. A Light Load Vehicle may not have more than two (2) axles; Light Load Vehicle includes Automobiles and Motorcycles, but not Recreational Vehicles or Agricultural Vehicles and Equipment.

Living Unit - The room or room occupied by a family and must include cooking facilities.

Lot - Any tract, plot of land, portion of a subdivision, or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development, or intended to be occupied by one main building and uses, including such open spaces as are required by Ordinance, and other laws or Ordinances, and having its principal frontage on a public street or officially approved place. Lots or tracts under one ownership shall be considered as one lot for the purpose of development.

Lot Coverage - The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot Lines - The boundary lines of a lot.

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 Wise County, or a parcel of land, the deed for which is recorded in the office of the County Clerk of Wise County prior to the adoption of this Ordinance.

Lot Width - The horizontal distance between side lot lines measured along a line that is parallel to the front lot line. For irregular-shaped lots, the distance at front and rear setbacks can be averaged.

Main Building - The building or buildings on a lot which are occupied by the primary use.

Mobile Home (or HUD-Code Manufactured Home) - A structure or dwelling that was constructed before June 15, 1976 and designed to be transported on its own chassis on the highway in one or more sections by a prime mover, which in the traveling more in length [sic], or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed on site, is 320 or more square feet, and which a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

Motor Vehicle - Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses.

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.

Occupancy - The use of [or] intended use of the land or buildings by proprietors or tenants.

Open Space - An outdoor, unenclosed area located on the ground or on a roof, balcony, deck, porch, or terrace designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but not including roads, parking area, driveways or other areas intended for vehicular travel.

Parcel - Any unplatted or portion of an unplatted tract of land.

Parking Space - An enclosed or unenclosed all-weather surfaced area of not less than one hundred eighty (180) square feet (measuring approximately 9 x 20 feet) not on a public street or an 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.

Planned Development District - Planned associations of uses developed as integral land use units such as industrial parks, or industrial districts, offices, commercial, or service centers, shopping centers, residential developments [of] multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated or [as] integral land use units either by a single owner or a combination of owners.

Planning & Zoning Commission (P&Z) - A board, appointed by the City Council as an advisory body, authorized to recommend changes in the zoning and other planning functions as delegated by the City Council.

Plat - A plan of 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 Rhome and approved by the City of Rhome and recorded in the plat records of Wise County.

Premises - Land together with any buildings or structures situated thereon.

Replatting - “Replatting” is the resubdivision of any part or all of any block or blocks of a previously platted subdivisions additional lot, or tract.

Residence - Same as dwelling; also when used with District, an area or [of] residential regulations.

Right-of-Way - A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, and other similar uses.

Room - A building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

Sign - An [Any] outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on a premise. (See Section 38 - Sign Regulations)

Street - An [Any] thoroughfare or public driveway, other than an alley, and more than thirty (30) feet in width, this has been dedicated or deeded to the public for public use.

Trailer - Any towed or non-self-propelled vehicle to be pulled behind an automobile or truck that is designed for hauling animals, produce, goods or commodities, including boats.

Travel Trailer - A mobile vehicle designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highways as contrasted to a mobile home.

Variance - An adjustment in the application of specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustments, which is the City Council of the City of Rhome can grant a variance.

Wind Turbines - Any device which is capable of converting wind energy to a form of electricity, including wind charges [chargers] or windmills.

Yard - 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 where otherwise specifically provided in this Ordinance that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

Yard Front - A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

Yard Rear - The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outline [outside] wall.

Yard Side - The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.

Zoning District - A classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.

Zoning District Map - The official certified map upon which the boundaries of various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance.

Illustrations, referenced in various sections.

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(Ordinance 2013-11 adopted 11/14/13)