Words Defined.
Accessory.Incidental to another use of a structure on the same lot or lots.
Accessory Building.A subordinate building customarily incidental to and located on the same lot occupied by the main use or building. Accessory buildings may include, but not limited to, an attached or detached garage, garage apartment, wash house, hobby room, servants quarter/guest quarter, storage/utility shed, covered patio, well/well house and gazebo to name a few.
Accessory Living Quarters.An accessory use or building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling not rented or otherwise used as an independent dwelling unit.
Accessory Use.A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to and customarily found in connection with such primary use.
Adult.As defined herein, a person who has attained a legal age of majority (i.e. 18 years of age).
Adult Entertainment.Adult entertainment uses are those uses providing sexually oriented entertainment for on-site consumption. Uses may include, but are not limited to, adult motion picture theaters, massage parlors, nude studios, modeling studios, nude photography studios, sex parlor, love parlor, adult movie/video arcade/store, adult motel. This definition also includes liquor-by-the-drink establishments and restaurant establishments where sexually orientated entertainment is offered.
Adult Stores.A retail establishment offering items for off-site consumption intended to provide sexual stimulation or sexual gratification, or purporting to enhance sexual activity.
Agriculture.The raising or growing of crops, fowl and/or livestock, providing such use does not constitute a nuisance or health hazard.
Alley.A public space or thoroughfare which affords only secondary means of access to property abutting thereon.
Apartment.A dwelling unit part of, or within an apartment building.
Area of the Lot.The net area of the lot, not including portions of streets and alleys.
Bed & Breakfast.A lodging house, other than a hotel/motel, where for compensation and pre-arrangement for definite periods, meals and lodging are provided.
Block.A piece or parcel of land entirely surrounded by natural or man-made barriers such as public streets, streams, parks, etc. or a combination thereof.
Build.To erect, convert, enlarge, reconstruct, or structurally alter a building or structure.
Building.Any structure used or intended for supporting or sheltering any use or occupancy. (Reference: The International Building Code.)
Building Line.The line established by law, beyond which a building shall not extend, except as specifically provided by law (Reference: The International Building Code).
Child Care Center.A child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week. (Reference: Tex. Human Resources Code § 42.002(7))
Child Care Home.A home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. (Reference: Tex. Human Resources Code § 42.002(9))
City.The City of Rockport, Texas.
Civic Club.A building, or portion thereof, used primarily by an association of persons to promote special purpose activities, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
Clinic.A place where psychological or physiological care is furnished to persons on an out-patient basis by licensed providers.
Commission.The Planning and Zoning Commission of the City of Rockport, Texas.
Common Open Area.Private property owned in common by and designed for the private use of, the owners or occupants of residences in a particular project or subdivision. Common open area uses include, but are not limited to, recreation areas, parks and plazas, ornamental areas open to the general view within the project or subdivisions, and building setbacks not otherwise required by ordinance. The common area does not include public streets, alleys, required building setbacks or utility easements.
Condominium.Shall have the same meaning as defined by Sec. 82.003 of the Texas Property Code.
Council.The City Council of the City of Rockport, Texas.
District.A part of the city wherein regulations of this ordinance are uniform.
Dwelling.A building or portion thereof designed or used for residential occupancy by not more than two families.
Dwelling Unit.A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Family.A person or persons, occupying a dwelling, living together and maintaining a common household.
Fence.A structure serving as an enclosure or barrier usually found near or around the boundary of property. The term fence may also include such structures as decorative lattice work, trellises, fence gates or projections of building walls.
Foster Group Home.A child-care facility that provides care for seven (7) to twelve (12) children for 24 hours a day. (Reference: Tex. Human Resources Code § 42.002(5))
Foster Home.A child-care facility that provides care for not more than six (6) children for 24 hours a day. (Reference: Tex. Human Resources Code § 42.002(6))
Hazardous Material.Any substance required by the U.S. Dept. of Transportation to have a Hazardous Material ID placard for transport.
Height of Building.The vertical distance from the grade to (a) the highest point on a flat roof, (b) the deck line of a mansard roof, or, (c) the mean height between the eaves and the ridge of a gable, hip or gambrel roof.
Home Occupation.An occupation or activity that is incidental and secondary to the primary use of a dwelling as a residence, not involving the conduct of a retail business, and conducted solely by an occupant of the residence. (See article 24 [section
118-24] regarding Regulation of Home Occupations).
Hotel.Any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests. Ingress and egress to and from all rooms is usually made through an inside lobby or office supervised by a person in charge at all hours. A hotel may include restaurants, taverns or club rooms, banquet halls, ballrooms, and meeting rooms which are physically part of and incidental to the main use.
HUD-Code Manufactured Home.A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8') body feet or more in width or forty (40') body feet or more in length, or when erected on site, is three hundred twenty (320 sq. ft.) or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).
Industrialized Housing/Buildings.A residential structure or commercial structure which is manufactured, constructed and erected in accordance with the regulations governing Industrialized Housing and Buildings, as published by the Texas Department of Licensing & Regulation, Manufactured Housing Division. See Modular Construction.
Living Area.The area included within surrounding exterior walls, or exterior walls and fire walls, exclusive of courts, porches and garages.
Lot.Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is occupied or intended to be occupied by one building or a group of buildings, and accessory buildings and uses, including such open spaces as required by this ordinance and other laws or ordinances, and having its principal frontage on a public street.
Lot Area.The area of land within the boundary of a lot, excluding any part under water.
Lot Lines.The lines marking the legally recorded boundary of a lot.
Manufactured Home Park.A parcel or contiguous parcels of land divided into two or more manufactured home spaces and available on a rental basis.
Manufactured Home Subdivision.A parcel or contiguous parcels of land divided into two or more manufactured home lots and available for rent or for sale, with each manufactured home being located on a separate lot.
Mobile Home.A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in traveling mode, is eight (8') body feet or more in width or forty (40') body feet or more in length, or, when erected on site, is three hundred twenty (320 sq. ft.) or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities which includes the plumbing, heating, air-conditioning, and electrical system.
Modular Construction.A structure or building module that is manufactured at a location other than the location where it is installed and used by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used as a permanent dwelling or permanent structure when installed and placed upon a permanent foundation system. See Industrialized Housing/Buildings.
Motel.Same as hotel, except that the building or buildings are designed primarily to serve tourists traveling by automobile and that ingress and egress to rooms need not be through a lobby or office.
Multi-Family Dwelling.A building designed or used for the residential occupancy of three or more families living independently of one another.
Nonconforming Uses.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.
Nursing Care.Services provided by nursing personnel which include but are not limited to: observation; promotion and maintenance of health; prevention of illness and disability; management of health care during acute and chronic phases of illness; guidance and counseling of individuals and families; and referral to physicians, other health care providers, and community resources when appropriate.
Nursing Facility/Home.An institution or establishment that provides organized and structured nursing care and service and is subject to licensure as a nursing home under Health and Safety Code, Chapter 242, and/or certified to participate in the Medicaid Title XIX program. Nursing home is also referred to as Nursing Facility. Depending on context, these terms are used to represent the management, administrator, or other persons or groups involved in the provision of care to the residents; or to represent physical building, which may consist of one or more floors or one or more units, or which may be a distinct part of a licensed hospital.
Plat.A map or drawing detailing the specifics of the division of land for the purposes of development. (Reference: Rockport Platting & Subdivision Regulations);
* | Concept Plan. A map of proposed land development showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed development. |
* | Final plat. A map of proposed land development prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lots and blocks, streets, alleys, public areas and other necessary or required information. |
Portable Building.A moveable or portable building constructed to be towed by a motor vehicle, on its own frame or on a trucking device, which may be connected to utilities after mounting on a permanent foundation, or adequately anchored to the ground, and to be used as accessory for residential, business or commercial purposes.
Premises.Land together with all buildings and structures thereon.
Recreational Vehicle.Abbr. RV. A vehicular unit, which is designed for living or sleeping and/or recreational purposes and equipped with wheels which is either self-propelled, mounted on, or pulled by another vehicle. Examples include but are not limited to a travel trailer, pop-up camper, truck camper, fifth-wheel trailer, class A motor home, class B motor home, or class C motor home.
Recreational Vehicle Park.Abbr. RV park. A parcel or contiguous parcels of land divided into two or more recreational vehicle spaces and available on a rental basis.
Screening Fence.A fence constructed of sufficient solid material to screen a premise effectively from view of the traveling public.
Setback.The required distance between every structure and building, and any lot line on the lot or lots upon which the structure or building is located.
Sexually Orientated Entertainment.Sexually orientated entertainment is the offering of a service or the selling, renting or exhibiting of devices, or any other items or services intended to provide sexual stimulation or sexual gratification to the customer.
Shipping Container.A containment receptacle which is used or designed to be used in intermodal or over-the-road shipping that consists of a truck trailer body that may be detached from the chassis for loading onto a ship or other vessel, a rail car, or stacked in a container depot; and does not exceed 40 feet in length, 9 feet in height and 9 feet in width. Such container when used for industrialized buildings shall comply with the State of Texas Industrialized Housing and Building Act.
Street.An improved public thoroughfare, which affords the principal means of access between various land use activities. (Reference: Rockport Platting & Subdivision Regulations);
a) Arterial.Streets which are principal traffic arteries more or less continuous across the city which are intended to connect remote parts of the city and which are used primarily for fast or heavy volume traffic.
b) Collector.Streets which collect and carry traffic from residential streets to major systems of streets and highways, including the principal entrance streets of residential or nonresidential development and similar streets for circulation within such a development.
c) Residential.Streets which are used primarily for access to abutting properties and which are intended to serve traffic within a limited district or area.
d) Marginal access.A street (frontage or service road) that may be parallel to and adjacent to all streets, which provide access to abutting properties and protection from through traffic.
e) Alley.A public passage or public right-of-way affording a secondary means of vehicular access to abutting property but not intended for through traffic.
Structure.Anything constructed or erected, which requires a location on the ground, or attached to something having a location on the ground.
Subdivision.A subdivision is the division of any lot, tract or parcel of land into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale or division of ownership. This definition also includes the re-subdivision of land or lots which are a part of a previously recorded subdivision. An addition is a subdivision as is defined herein.
Substantial Damage.Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damaged would equal or exceed 50 percent of the value of the structure before the damage occurred. Value of the structure shall be determined by the most recent Aransas County Appraisal District tax appraised value or independent property appraisal submitted by the property owner, whichever is greater.
Townhouse.One of a series of single-family dwelling units which are either structurally connected, or which are constructed immediately adjacent to each other without side yard between the units, and with property lines separating such units. The term "townhouse" and "townhomes" may be interchangeable.
Two-Family Dwelling.A building designed and arranged exclusively for the use and occupancy of two families living independently of each other. A duplex dwelling.
Motor Vehicle Sales Lot.A lot or portion thereof to be used only for the display and sale of titled motor vehicles that are in condition to be driven on or off the lot. A motor vehicle sales lot shall not be used for the storage of wrecked motor vehicles, or the dismantling of motor vehicles, or the storage of motor vehicle parts.
Vision Triangle.That area created by a straight line from the points of the two intersecting right-of-way lines 20 feet back from their common intersection.
Yard.An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in these regulations.
Yard, Front.A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto. Projections of the usual uncovered steps, terraces, decks, porches, entranceways or roof eves as addressed within these regulations, are allowed. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except that if the lot is square, i.e., has dimensions where the shorter side is at least 90% or more of the longer side, then the front yard may face either street. Lots with double frontage (through lots) must have the required front yard on both streets. This requirement shall not apply to existing lots of record.
Yard, Rear.A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto. Projections of the usual uncovered steps, terraces, decks, porches, entranceways or roof eves, as addressed within these regulations, are allowed (see Article 21 [section
118-21] for accessory uses).
Yard, Side.A yard between the main building and the side line of the lot, extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and a line parallel thereto. Projections of the usual uncovered steps, terraces, decks, porches, entranceways or roof eves, as addressed within these regulations, are allowed (see Article 21 [section
118-21] for accessory uses).
Zero Lot Line.A lot on which there is no minimum side yard on one side, but not less than 10 (10) feet on the opposite side.
Zoning Administrator.The city employee designated to be responsible for the administration of the Zoning Ordinance regulations.