River Oaks City Zoning Code
SECTION 4
DEFINITIONS.
For the purpose of this Ordinance, certain terms and words are defined as follows:
Words used in the present tense include the future; words in the singular number include the plural; words in the plural number include the singular; the word "shall" is mandatory, and not directory; the words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied."
Contiguous or sharing a common border or boundary with other property. Abutting, adjacent and adjoining shall include property immediately across an alley but shall not include property across a street.
A subordinate building having a use customarily incident to and located on the same lot occupied by the main building; or a use customarily incident to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.
A public right-of-way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway or for access to utilities.
An establishment offering for sale articles such as glass, china, furniture, or similar furnishings and decorations, which have value and significance as a result of their age, where more than 75% of the establishment's total inventory is over 30 years old, with all sales and storage occurring inside a building.
A room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit or residence by a single-family, individual, or group of individuals. (Also known as multifamily residential dwellings.)
An event at which objects such as paintings are shown to the public.
A building, shop or place where vehicular repairs are performed on cars, trucks, vans, motorcycles, heavy equipment, oversized vehicles and any other motor powered equipment when deemed by the Zoning Administrator to be a motorized, self-propelled vehicle including but not limited to tire shops, paint and body shops, transmission shops, muffler shops, and engine overhauling but does not include upholstery shops, tinting shops, glass replacement, automotive parts and express oil changing and lube stations.
See Rooming House.
The creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration.
A facility in which body piercing is performed and is fully compliant with the requirements of chapter 146 of the Texas Health and Safety Code, as amended.
A covered passage one story in height and six feet or more in width connecting a main structure and an accessory building.
Any structure built for support, shelter, and/or 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.
The Code adopted by the city council which establishes minimum standards and regulations for buildings and structures within the city; provided, however, for residential structures, the term shall refer to the International Residential Code, as adopted and amended, by the city council.
A line parallel or approximately parallel to the street, or, from the back of the curb, to a point on the lot, marking the minimum distance from the prevailing edge of the street that a structure or sign may be erected. (See also front, side, and rear yards.)
Includes local retail, commercial, industrial, and manufacturing uses and districts as herein defined.
A structure, attached or detached, open on a minimum of two sides designed or used to shelter not more than two vehicles.
A carport, awning, patio cover and/or shed which is sold and installed as a pre-folded fabricated kit which does not meet the requirements for permanent building structures in the city's building code.
A carport, canopy, awning, patio cover and/or shed used to provide shelter in connection with construction work.
A building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.
An official certificate issued by the city which indicates conformance with all applicable building and zoning regulations and authorizes legal use and occupancy of the premises for which it is issued.
The city of River Oaks, Texas.
The city council of the city of River Oaks, Texas.
Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the over night occupancy of patients.
A building dedicated to social or recreational activities, servicing the city or a neighborhood, and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety, morals or general welfare of the city.
A community based residential home which qualifies as a community home under section 123.004 of the Texas Human Resources Code, as amended, and which houses not more than six persons with disabilities and two supervisors.
The City of River Oaks, Texas Comprehensive Plan, adopted by the city council of the City of River Oaks.
A multifamily dwelling facility within which designated units or apartments are conveyed fee simple title, with an undivided interest in the building's common elements, to include, but not limited to, halls, stairs, elevators, roofs, parking spaces, and the land.
An open, unoccupied space, bounded on three or more 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 space.
An event where people sell decorative objects that they have made by hand.
A place meeting the requirements of and registered as a Registered Family Home with the Texas Department of Human Services where 12 or fewer children are left for care for less than 24 hours a day.
A place where more than 12 children are left for care any part of the 24 hours of the day.
A section of the city for which the regulations governing the area, height, or use of land and buildings are uniform.
A hard surface which meets the requirements of Section 20 extending from the pavement in a public street at the property's drive approach to the rear of the principal structure as located on the individually platted lot in order to facilitate a minimum of two parking spaces. At the property owner's discretion, driveways in a residential zoning district may be extended to the rear of the structure between the structure and side property lines of the structure providing the parking surface is a minimum 3-1/2 thick solid poured concrete driveway flatwork rated at a minimum of 2500 p.s.i. and constructed in compliance with the city's most recently adopted building code and/or NCTCOG specifications, whichever is applicable.
Ribbon concrete driveway from street right-of way, which consist of two parallel strips of concrete, mortar-set stone or brick, or solid or turf pavers with an open, unpaved space in between shall be required to be completely filled in with concrete before final approval of a newly constructed carport or garage on the lot. The Carport or Garage shall be placed on solid concrete surface from the street right-of-way to the rear of carport or garage.
A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
One room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing only one kitchen plus living, sanitary, and sleeping facilities.
A building or part of a building in which Eight Liner Machines are present and maintained as the primary use. For the purpose of this definition, "primary use" means 51% or more of the gross floor area of the portion of the structure being used (not to include any area of a structure being used as restroom facilities, storage, or for other purposes not open to the public or customers).
Any electronic, electro-mechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, whether or not the award is automatically paid by the contrivance, including video versions of slot machines and other such machines.
One or more persons who are related by blood, marriage, adoption, or foster assignment, or a group of not more than three adults, living together as a single housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing basis.
A person or entity that produces agricultural products including, but not limited to, fruits, vegetables, fungi, grains, fiber, honey, dairy products, meat, poultry, or eggs, by practice of the agricultural arts upon land that the person or entity owns, rents, leases, or to which the person or entity otherwise has access.
A designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers. A farmers' market must include at least two vendors who meet the definition of "farmer" and may include vendors who meet the definition of "food producer." In addition, a farmers' market may include vendors who are not "farmers" or "food producers," if "farmers" and "food producers" constitute the majority of vendors who participate in the market throughout the year. Farmers Markets do not include flea markets or selling of poultry, pets and livestock. Farmers markets facilitate personal connections and bonds of mutual benefits between farmers, shoppers, and communities.
A structure that provides a physical barrier. It includes a wall, a hedge over 30 inches in height, and does not include dikes and retaining walls for the purpose of diverting water and retaining soil.
The total (gross) square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, porches, carports or garages that are not designed for residential or business occupancy.
A person who grew, raised, processed, prepared, manufactured, or otherwise added value to the food product the person is selling. The term does not include a person who only packaged or repackaged a food product.
All the property abutting on one side of the street between two intersecting streets, measured along the street line.
An enclosed accessory building for storage of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises.
A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.
A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
The measure of vertical elevation above some reference point, usually mean sea level. Grade is measured as the average level of the finished surface of the ground adjacent to the exterior wall of the building.
When pertaining to new construction of a parking surface, a hard surface shall mean a minimum 3-1/2 inches thick solid poured concrete flatwork rated at a minimum of 2500 p.s.i. or compacted 2-inch hot-mix asphalt with finished or rolled edges and must be compliant with the City's most recently adopted building code and/or NCTCOG Specifications, as well as the City of River Oaks Code of Ordinances, whichever is applicable. Furthermore, when pertaining to new parking surfaces within any residentially zoned property in the city, the following requirements shall be met:
Front Yard or Side Yard Parking Surface. From the pavement in a public street at the property's drive approach to the rear of the principal structure as located on the individually platted lot; any new parking surface shall be a continuous minimum 3-1/2 inches thick solid poured concrete flatwork parking surface rated at a minimum of 2500 p.s.i. constructed in accordance to the City's most recently adopted building code and/or NCTCOG Specifications and the River Oaks Code of Ordinances, whichever is applicable;
Rear Yard Parking Surface. From the rear of the principal structure as located on the individually platted lot; any new parking surface constructed shall either be a minimum 3-1/2 inches thick solid poured concrete flatwork rated at a minimum of 2500 p.s.i. or compacted 2-inch hot-mix asphalt with finished or rolled edges; both constructed in compliance with either the City's most recently adopted building code and/or NCTCOG Specifications and the River Oaks Code of Ordinances, whichever is applicable.
Exception: An existing gravel type driveway that was constructed prior to the effective date of this Ordinance having been (1) approved by the Building Official and (2) shall be maintained in such a manner that the physical outside edge of the existing driveway is properly maintained and edged or is bordered with a pre-formed, circular, tapered or flat shaped pattern constructed out of concrete, asphalt curbing, brick, rock, metal, decorative rock, railroad ties, treated lumber, rubber and plastic or other suitable material in such a manner as to not alter the natural drainage flow; and (3) existing gravel type driveways are required to be properly maintained prior to being approved for a certificate of occupancy after the effective date of this ordinance; and (4) before a substandard house can be approved for occupancy, the driveway from the pavement in a public street at the property's drive approach to the rear of the principal structure as located on the individually platted lot; the parking surface shall be a continuous minimum 3-1/2 inches thick solid poured concrete flatwork parking surface rated at a minimum of 2500 p.s.i. constructed in accordance to the City's most recently adopted building code and/or NCTCOG Specifications and the River Oaks Code of Ordinances, whichever is applicable. |
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 of a flat roof, 2) the deck line of a mansard roof, or 3) the mean height level between eaves and ridge of a gable, hip, or gambrel roof; and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding 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.
The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
An occupation conducted in a dwelling unit.
One or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. A hotel includes a bed and breakfast, tourist hotel, motor hotel, and a motel.
A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any commercial structure in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.
A residential structure that is designed for use and occupancy of one or more families, which is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent site and erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems. The term does not include any residential structure that is in excess or three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to:
Housing constructed of sectional or panelized systems not utilizing modular components; or
Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. Tex. Rev. Civ. Stat. Art. 5221f.
Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipefittings, used tires, used automobiles or airplanes, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition and subject to being dismantled for junk.
A school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
A parcel of land which is shown on an approved plat recorded in the county plat records. (See also: tract.)
The percentage of the total area of lot occupied by the base (first story or floor) of buildings located on the lot.
The lines bounding a lot.
Lot line, front. The prevailing edge of the street.
Lot line, rear. The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the zoning administrator shall determine the rear line.
Lot line, side. Any lot boundary line not a front or rear lot line. A side lot line may be a part lot line, a line bordering on any alley or place or side street line.
(See Figure 4-1.)
Area of the lot shall be the area of the lot within the lot lines, expressed in square feet or acreage, including easements, and shall not include portions of any public street or alley.
Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot line in the rear (the mean horizontal distance between the front and rear lot line).
Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the building line provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80 percent requirement shall not apply.
Figure 4-1. Lot Measurements  |
(See Figure 4-2.)
Corner Lot. A lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the zoning administrator.
Interior Lot. A lot other than a corner lot with only one street frontage and whose side lot lines do not abut upon any street.
Through Lot. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage" lots.
Cul-de-sac Lot. A lot whose frontage is along the turn around portion of a street which has only one opening and terminates with a turnaround at the closed end.
Reversed Frontage Lot. A lot abutting two or more streets at their intersection. A reversed frontage lot shall be deemed to front on that street at which it has its greatest frontage unless otherwise designated on the plat or otherwise specified by the zoning administrator.
Figure 4-2. Lot Types  |
The building or buildings on a lot, which are occupied by the principal use.
A structure that was constructed on or after June 15, 1976, transportable in one or more sections, and which 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, 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 which otherwise meets the definition of a HUD-code manufactured home in Tex. Rev. Civ. Stat. Art. 5221f.
A gathering of people for the purchase and sale of provisions and other commodities.
Exterior construction materials that conform to the applicable ASTM or other approved testing requirements for masonry products pursuant to the most recently adopted building code including but not limited to brick, stone, stucco, granite, marble, or concrete and excluding wood or metal. Hardiplank or cement fiberboard is only permitted that is installed horizontally or vertically at the discretion of the Building Official in residentially zoned districts and providing it is determined by the Building Official to be architecturally compatible within that particular zoning district with the other structures.
A place of business that advertises or offers massage therapy or other massage services, which include any services offered or performed for compensation at a massage establishment that involve physical contact with a client, and may include the use of oil, lubricant, salt glow, a heat lamp, a hot and cold pack, or a tub, shower, jacuzzi, sauna, steam, or cabinet bath. A massage establishment must be in compliance with chapter 455 of the Texas Occupations Code.
A person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles. A person may not act as a massage therapist unless the person holds an appropriate license issued under chapter 455 of the Texas Occupations Code.
The manipulation by a massage therapist of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics.
General retail items including goods, products, materials, or supplies purchased from an original supplier for the purpose of resale including but not limited to such general retail items as apparel, automotive parts (new or rebuilt), clothing, cosmetics, dry goods, electronics, furniture, hardware, groceries, pharmaceutical supplies, house wares or home furnishings.
General retail items for resale including but not limited to apparel, automobiles, automobile parts (from a junk or scrap yard), clothing, electronics, furniture, hardware, house wares, home furnishings, junk, scrap metal, and tires that were previously used by another person, not the original item and includes items refurbished.
A totally enclosed facility involving one or more buildings and multiple individual units the purpose of which is exclusively for the storage of goods.
A structure that was constructed before June 15, 1976, transportable in one or more sections, 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 which otherwise meets the definition of a mobile home in Tex. Rev. Civ. Stat. Art. 5221f.
A parcel of land upon which mobile homes or manufactured homes are placed or located for purposes of occupancy.
Any motor driven or propelled vehicle required to be registered under the laws of this state; a trailer or semitrailer, other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds; a house trailer; a four-wheel all-terrain vehicle designed by the manufacturer for off-highway use that is not required to be registered under the laws of this state; or a motorcycle, motor-driven cycle, or moped that is not required to be registered under the laws of this state, other than a motorcycle, motor-driven cycle, or moped designed for an used exclusively on a golf course.
The standard specifications for public works construction, 1998, as amended from time-to-time, as prepared by the North Central Texas Council of Governments.
A structure which does not conform to the regulations (other than the use regulations) of this Ordinance, but which was lawfully constructed under the regulations in force at the time of construction.
A use that does not conform to the use regulations of this Ordinance but was lawfully established under the regulations in force at the beginning of operation and has been in regular use since that time.
A use, building, structure or yard existing legally at the time of the passage of this Ordinance or amendments thereto, which does not by reason of design, use, or dimensions conform to the regulations of the district in which it is situated. A use, building, structure or yard established after the passage of this Ordinance which does not conform to regulations of the district in which it is situated shall be illegal.
Blocks that are constructed out of masonry, concrete, or treated lumber used to support an accessory building when a permanent foundation is not required. A nonpermanent foundation must meet the requirements for foundation footings set forth in the Building Code.
The use or intended use of the land or buildings by the owner or tenant.
Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves or porches.
The outside storage overnight of any goods, materials, merchandise, equipment, parts, or junk.
A road tractor, truck tractor, semitrailer, trailer, dump truck, concrete mixing truck, or any vehicle designed for the transport of more than 15 passengers including the driver.
When pertaining to existing driveways means the physical outside edge of the existing driveway properly maintained and edged or is bordered with a preformed, circular, tapered or flat shaped pattern constructed out of concrete, asphalt curbing, brick, rock, metal, decorative rock, railroad ties, treated lumber, rubber and plastic or other suitable material in such a manner as to not alter the natural drainage flow.
That area within the public right-of-way between the back of curb or edge of pavement and the right-of-way line.
A location at which or premises in which a pawnbroker, as defined by Vernon's Texas Codes Ann. Finance Code § 371.003, as amended, regularly conducts business.
A building that meets all of the construction standards as set forth in the building code at the time of its construction.
A minimum four-inch reinforced concrete slab of 3,000 PSI minimum that is either solid or pier and beam upon which a structure is erected and that meets the requirements of the Building Code.
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
An individual, proprietorship, corporation, associated, or other legal entity.
A plan of a subdivision of land creating building lots or tracts and showing all dimensions and other information essential to comply with the subdivision standards of the city. Reference to a plat in this Ordinance means an official plat of record which has been approved by the city and filed in the plat records of Tarrant County.
A slab, deck or platform constructed out of concrete, wood or other code-approved materials attached to the structure and may be supported on opposing sides by columns, posts or other approved supports inclusive of roof extensions or awnings and is designed for egress and ingress into the main structure. When pertaining to an existing principal structure already located on a platted lot, the porch: (1) shall be located behind the front building line; (2) shall not be enclosed, except that it may be supported on opposing sides by columns, posts or other approved supports inclusive of roof extensions or awnings; and (3) may extend 10-foot in front of the existing house across the width of the principal structure and on all sides of the principal structure providing it meets all the setback requirements in its particular zoning district.
Land together with any buildings or structures occupying it.
An open, unoccupied space, other than a street or alley, permanently established, reserved or dedicated in private ownership as the principal means of vehicular access to the abutting property.
The use of buildings, structures or portions thereof for purposes such as civic, recreation, social or religious functions for the assembly of 50 or more persons in a building, structure or portion of a building or structure at least 750 square feet in size.
Boats, trailers and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, horse trailers, utility trailers, and similar equipment, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
Same as dwelling; also, when used with the word district, an area of residential regulations.
A public area or strip of land located between property lines on a recorded plat or replat for the use of vehicles or pedestrians, or both, and also intended to be utilized by private and public utilities such as electricity, gas, water, sewer and storm drains.
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.
A building, other than a hotel, where lodging for three but no more than 12 persons is provided for definite periods for compensation pursuant to previous arrangements.
A fence, wall, or other device, which is visually solid, made of durable material and without holes, penetrations or other openings other than those required for passage and which is designed to prevent persons from seeing through.
The distance from the prevailing edge of the street (front yard) or from the property line (side or rear yard) to the established building line for the particular designated zoning district that the building structure or sign is located in, measured perpendicularly.
A sales and office facility for a product that by nature of the bulk dimensions of the product requires a larger than normal storage area ratio to sales and office area to maintain a normal operating product inventory. A showroom warehouse is specifically not intended to be a wholesale distribution center.
An exhibit which meets the requirements of Section 25 of this Ordinance which is required to be submitted and approved by the city council prior to the issuance of a building permit or with a zoning change request for certain districts.
A permit granted by the city council for the use of land or structures in accordance with the provisions of Section 23A of this Ordinance.
That part of a building included between the surface of one floor and the surface of the floor directly above it, or if there is no floor directly above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface. For the purpose of determining the maximum number of permitted stories, the term story shall not include cellars (if its ceiling is less than six feet below the average level of the finished ground surface), stair or elevator penthouses, or other roof structures, provided the total area of all roof structures located above the top story does not exceed one-third of the total roof area. An attic shall not be considered as a story, if its livable space is less than six feet in height.
A public way between two right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public and accepted by the city for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as a location for utilities and sidewalks.
The distance from one lot line intersecting the street to the furthest distant lot line intersecting the same street.
The right-of-way line of a street, or the prevailing edge of the street, as determined by the zoning administrator.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roof or exterior walls, excepting such repair or replacement as may be required for the safety of the building.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards, poster panels, signs, and fences.
The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. The term includes the application of permanent cosmetics.
An establishment or facility in which tattooing is performed and is fully compliant with the requirements of chapter 146 of the Texas Health and Safety Code as amended.
Any building that does not meet the construction standards as set forth by the most recently adopted building code of the City. Temporary buildings include but are not limited to a temporary or prefabricated carport and shed used for the protection of the public in and around construction sites in conjunction with construction work.
A single-family dwelling facility constructed in a series or group of units having common walls, each on a separate lot.
An unplatted parcel of land described by metes and bounds and typically recorded in the county deed records. (See also: lot or a platted lot.)
A mobile vehicle built on a chassis and 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 highway, as contrasted with a mobile home.
Outdoor areas, excluding parking and other service areas, which are utilized for amenities, such as outdoor recreation and/or landscaping, and which are open and unobstructed from their lowest level to the sky except for roof overhangs and architectural projections.
Any water supply, water treatment, water pumping, water storage or other water facility; any sewage treatment or pumping facility or other sewage facility; any electrical generating facility, electrical transmission, switching facility, or electrical substation; any telephone exchange or other similar telephone communication facility; any natural gas pumping or storage facility; or any cable television receiving or transmission facility, when owned and operated by the city, or operating under a franchise approved by the city council.
A relaxation of the terms of the Zoning Ordinance where such variances will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. Except as specifically authorized elsewhere in this Ordinance, a variance is authorized only to modify applicable development regulations. A variance does not include the authorization of a use which is not otherwise permitted in a district.
A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30" above the general ground level of the graded lot upward; provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture and roof overhangs not exceeding 30" may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
Yard, front. A yard extending between side lot lines across the front of a lot adjoining a public street. (See Figure 4-3.)
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning administrator may waive the requirement for the normal front yard and allow a smaller front yard which shall not exceed the average of the yards provided on adjacent lots. | |
In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of the depth required for side yards in the district shall be provided on the other frontage. | |
In the case of corner lots with more than two frontages, the zoning administrator shall determine the front yard requirements, subject to the following limitations: | |
a. | At least one front yard shall be provided having the full depth required generally in the district; and |
b. | No other front yard on such lot shall have less than the minimum required second front yard for corner lots. |
Depth of required front yards shall be measured at right angles to the front lot line. | |
Yard, side. A yard extending from the rear line of the required front yard to the front of the required rear yard, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. (See figure 4-3.)
Width of a required side yard shall be measured in such manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. |
Yard, rear. A yard extending across the rear of the lot between lot lines. In the case of through lots there will be no rear yards, but only front and side yards. All other lots will have rear yard. (See Figure 4-3.)
Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. |
In cases where a rear lot line is not evident, or if evident but not parallel to the front building line, the minimum rear yard requirement shall be the distance from the rear-most point of the lot along a line from that point drawn perpendicular to a line drawn from the foremost points of the two side lot lines, providing that the rear yard is parallel to at least one lot line along the rear of the lot. |
Figure 4-3. Yard Orientation  |
A position appointed by the mayor and approved by city council, as specified by the Charter of the City of River Oaks to enforce and administer the terms of this Ordinance; the individual whose decisions and interpretations are appealed to the board of adjustment.
(Ordinance 1394-2023 adopted 11/28/2023)