For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and the plural shall include the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot." The word "shall" is mandatory and is not permissive.

Accessory building or use. A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.

Acreage. Any tract or parcel of land which has not been subdivided and platted in accordance with the laws of the State of Texas regulating subdivisions and the filing thereof and which is not included in the definition of the term "subdivision" as contained in Ordinance Number 193 of the City of Richwood, Texas [now Code ch. 32] which is the ordinance governing land subdivision regulations within the city.

Alley. A public thoroughfare, not less than ten feet wide, and not more than 40 feet in width, which affords only a secondary means of access to abutting property.

Apartment. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.

Automobile repair. General repair, engine rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.

Automobile service stations. A place where gasoline or other motor fuel is stored either in underground tanks or above ground tanks, kerosene or motor oil and lubricants or grease, or for operation of automobiles, or is retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile repairs and rebuilding. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

Auto wrecking or junkyard. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and not being restored to operation. This includes any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including commercial salvaging and any salvaging of other goods, articles or merchandise.

Basement. A story partly or wholly underground. Where more than one-half of its height is above the average level of the adjoining grounds, a basement shall be counted as a story for purposes of height measurement.

Billboard. Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located.

Boarding house. A building other than a hotel or restaurant, where meals are provided for compensation for four or more persons, but not exceeding 12 persons.

Building. Any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.

Building area. The buildable area of a lot is the space remaining after the minimum open space requirements of this ordinance have been complied with.

Building height. The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building line. For the purpose of this ordinance, the building line is the same as a front yard setback line.

Bungalow court. A court surrounded by individual residential units that are physically connected.

Carport. A structure attached or made a part of the main structure, and which is open to the weather on at least two sides, intended for the use of sheltering not more than two motor-driven vehicles.

Cluster house. Bungalow courts or premises of similar design intended for habitation by more than one family.

Conditional uses. The following uses of land or structures, or both, may be permitted within any "use district" subject to the provisions of this ordinance.

[1.]

Airport, land field or landing strip.

[2.]

Areas for the dumping or disposal of trash or garbage.

[3.]

Bus terminal, railroad passenger station or any other transportation facilities.

[4.]

Cemeteries, crematories or mausoleums.

[5.]

Churches and accessory buildings used for religious teaching.

[6.]

Extraction of gravel, sand or other raw materials.

[7.]

Golf courses, public or private.

[8.]

Home occupations.

[9.]

Hospitals or sanitariums.

[10.]

Institutions for the care of the insane or feeble-minded.

[11.]

Municipal or privately owned recreation buildings or community centers.

[12.]

Nursery schools, day nurseries, and childcare centers, provided there is a minimum of 80 square feet of outdoor play area for each child to be cared for, and that the play area is fenced and screened with planting from any adjoining lot in any "R" district.

[13.]

Parking area, public.

[14.]

Police stations, fire stations or places for storage of municipally owned equipment.

[15.]

Public administration buildings, auditoriums, gymnasiums or any other publicly owned structures.

[16.]

Public or private parks or playgrounds.

[17.]

Public utility facilities, i.e., filtration plant or pumping stations, heat or power plants, transformer stations and other similar facilities.

[18.]

Radio and television antenna towers, commercial.

[19.]

Railroad right-of-way.

[20.]

Schools, public or private.

[21.]

Telephone exchanges.

[22.]

Trailer courts or mobile home parks.

Condominiums. A single structure which contains three or more residences having common walls between them whether adjacent vertically or horizontally or both vertically or horizontally whether each residence be owned by individual owners or several units owned by a group with no individually owned yard space.

Corner lot. A lot situated at the intersection of two or more streets.

Curb grade. The established elevation of the curb in front of the building measured at the center of such front. Where no curb grade has been established, the city shall establish such curb level or its equivalent for the purpose of this ordinance.

District. A section or sections in the incorporated area of the city for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.

Duplex. A single structure containing two dwellings for family occupation.

Exterior walls and facades. The outermost covering of a building that is visible from any public right-of-way, street or roadway.

Family. An individual, or two or more persons related by blood or marriage, or group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

Front yard. A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

Frontage. All property on one side of a street between two intersecting streets or natural barriers or between a barrier and a street.

Garage apartment. Any dwelling unit on a residential tract or parcel of property, which is either attached to or separated from a residential structure, and which contains independent cooking and sleeping arrangements and which may be utilized for a separate housekeeping unit.

Gas stations. A retail establishment beside a road selling gasoline and oil.

Guesthouse. A structure for [human] habitation, containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit.

Home occupation. A home occupation is the use of an accessory structure on a lot zoned for residential use, which is for commercial purposes and clearly secondary to the use of the structure as a residential dwelling. A home occupation must comply with the requirements of Section 5(17) of the City of Richwood Code of Ordinances [section 5.17 of this appendix] and any and all Texas occupational licensing laws.

Hospitals or sanitariums. An institution open to the public, in which sick patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

Hotel. A building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms, and in which no provisions are made for cooking in any individual room or suites.

Institution. A building occupied by a nonprofit corporation or a nonprofit establishment for public or semipublic use.

Interior lot. A lot other than a corner lot.

Kennel. Any lot or premises on which four or more dogs, at least four months of age, are kept.

Laboratory. A place devoted to experimental study such as testing and analysis. Manufacturing of a product or products is not to be permitted within this definition.

Loading space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

Lodging house. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.

Lot. A parcel of land occupied or suitable for occupancy by one main building or use, with accessory buildings, including the open spaces required by this ordinance, and having its principal frontage upon a public street or highway.

Lot depth. The horizontal distance between the front and rear lot lines measured in the mean direction on the side lot lines.

Lot frontage. The front of a lot shall be that boundary of a lot along a public street; and for a corner lot the front shall be the shorter lot boundary along a street.

Lot width. The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Metal panels. Includes profiled metal panels, deep ribbed panels and concealed fastener systems.

Motel, motor court or automobile tourist court. Any lot, tract or parcel of land used in whole or in part for parking vehicles or trailers and where accommodations are provided by day, week or for a long period of time with or without compensation and whether composed of two or more units for the use of human habitation or living or sleeping.

Multiple-family residence. A residence designed for occupancy by three or more families living independently of each other.

Nonconforming use. Any building, structure or land lawfully occupied by a use or lawfully situated at the time of the passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendments thereto with the regulations of this ordinance.

Nursing home or rest home. A private hospital for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries, or for surgical care.

One-family residence. A residence place designed exclusively for occupancy by one family.

Open terrace. A level and rather narrow plain, or platform, which for purposes of this ordinance is located adjacent to one or more faces of the main structure, and which is constructed or not more than four feet in height above the average level of the adjoining ground.

Parking space. A space in which to park a motor vehicle, either in an enclosed area in a main building, or in an accessory building, or in an unenclosed area, but said space may not be less than ten feet by 18 feet and said space must have adequate access to a public street or alley and permit satisfactory ingress and egress of the motor vehicle.

Porch. A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open to the weather in part.

Private garage. An accessory building for the storage of not more than three motor-driven vehicles, of which not more than one shall be not more than two-ton capacity.

Private parking area. An open area for the parking of privately owned automobiles and not for public use.

Public garage. A building other than a private garage, used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale within the structure.

Public parking area. An open area, other than street, used for the temporary parking of more than four automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers.

Rear yard. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

Residence. A building, dwelling or a portion thereof, but not an automobile house trailer, designed exclusively for residential occupancy, including one-family, two-family and multiple[-family] dwellings, but not including hotels, boarding and lodging houses or motels.

Residence, row. A row of three to six attached one-family residences.

Residence, unit. One or more rooms in a residence or apartment hotel designed primarily for occupancy by one family.

Side yard. That part of the yard lying between the main building and a side line, and extending from the required front yard (or from the front lot line, if there is not a required front yard) to the required rear yard.

Signs, outdoor advertising. Any card, cloth, paper, metal, painted, glass, wooden, plaster, stone or other sign of any kind or character whatsoever, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or anything whatsoever. The term "placed" as used in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, nailing, glueing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever.

Story. That portion of a building 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. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

Structural alterations. Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure. Anything constructed or erected, which requires a location on the ground or attached to something having location on the ground.

Townhouse. Any development for residential purposes comprised of three or more houses having horizontal adjacent or common walls between them, having no side yard space between said houses, whether each of such be owned by individual owners or whether several units are owned by a group, whether such having a common plan for yard maintenance, or whether such are separately maintained by owners thereof where individually owned, and where there is no access between the individual units, such townhouses having a front and back yard which may be independent to each unit or jointly kept by all units.

Trailer, automobile, house-trailer, mobile home, house-car or truck. A vehicle with or without motive power, and if without motive power is designed to be drawn by a motor vehicle, either of which be designed to be used for human habitation when connected to one or more public or private utilities whether used for living quarters or otherwise, or for carrying persons or property, including a trailer coach or house trailer.

Trailer camp or mobile home park. Any premises occupied or designed to accommodate more than one family living in trailers or mobile homes.

Two-family residence. A residence designed exclusively for occupancy by two families living independently of each other.

Unit. Any place, plot or parcel of ground located within any "use" district where a structure is erected or maintained or placed, used, intended or designated to be used as living and sleeping quarters by a single family.

Use. The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

Utility easement. Portions of lots or other tracts or parcels of land which are reserved for utility installation and access but remain for ownership purposes a part of said lot or tract.

Yard. An open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance.

( Ord. No. 324-15A , 8-10-2015; Ord. No. 18-426 , § 1, 5-14-2018; Ord. No. 18-427 , § 1, 6-11-2018)