- DEFINITIONS
In construing this Ordinance the following definitions of words and phrases shall control:
A building used for a purpose subordinate to or customarily incidental to the use of the principal building or structure on the same premises. (Ordinance 159)
A use which serves and is subordinate and incidental to a principal building or a principal use.
03:A-03
Residential Accessory Building: A detached subordinate building, not including a carport or garage, that does not contain any kitchen facilities, which building is not used for business, commercial, or industrial purposes, which building is not rented, the use of which building is clearly an Accessory Use, as defined above, to that of the main or principal residential building and to the use of the Lot for residential purposes, provided that such Accessory Building is located on the same Lot or tract as the principal or main residential building, and provided further that no portion of the structure comprising the Accessory Building may be connected to any portion of the structure comprising any part of the main or principal residential building. (Ordinance 159)
That non-habitable portion of a dwelling or building which is included between the upper surface of the topmost floor and the ceiling or roof above. (Ordinance 231)
Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. (Ordinance 159)
The words "building line" or "building setback line" mean a line parallel to a property line at a required setback distance which signifies that between such "building line" and parallel property line no portion of any building shall be constructed. (Ordinance 231)
A covered structure open on two (2) or more sides, whether attached to a dwelling or freestanding, used or allowing for the routine storage of one (1) or more vehicles. A structure that complies with all requirements for a porte-cochere shall not be considered a carport under this ordinance. (Ordinance 231; Ordinance 2019-05 adopted 2-26-19)
To qualify as a Customary Home Occupation, an activity must meet the following prerequisites:
.01
Not involve the conduct of business which would generate frequent traffic parking at the residence; and
.02
Be customarily carried on in a single family dwelling as an incidental use, but not the principal use thereof, by an occupant of the premises;
.02.01
Without the help at the residence of any assistant or employees; and
.02.02
Without structural alterations in the building or any of its rooms; and
.02.03
Without the installation or assistance of any machinery or equipment other than that customary to normal household operations; and
.02.04
Without the use of any sign, display or advertisement of the occupation or the telephone number of the same, or of the occupant; and
.03
Not cause the generation of any traffic parking in the streets more often than ten (10) minutes once per hour for ten (10) consecutive hours; and
.04
Not involve the storage or display of any property other than household goods used on the premises; and
.05
Not be the following (which list is not intended to be exhaustive):
.05.01
A beauty school;
.05.02
parlor or shop;
.05.03
A doctor's or dentist's office for the treatment of patients;
.05.04
A barbershop;
.05.05
A carpenter's shop;
.05.06
An electrician's shop;
.05.07
A shoe shop;
.05.08
A plumber's shop;
.05.09
A radio shop;
.05.10
A tinner's shop;
.05.11
An auto repairing or auto repainting shop;
.05.12
A furniture repairing shop;
.05.13
A sign painting shop; or
.05.14
A real estate office; and
.06
Not be detrimental or injurious to adjoining property; and
.07
Not involve the conduct of a school for more than two students per hour; and
.08
Not be an office to which any customers or clients come more often than once per day in accordance with the hereinabove traffic regulations 1. and 3.; and
.09
Not include the keeping, stabling, pasturing, boarding or caring for any;
.09.01
Horse;
.09.02
Cattle;
.09.03
Dog;
.09.04
Cat; or
.09.05
Other animal belonging to persons other than the occupants of the main building.
A dwelling is any building which is used, intended, or designed for living purposes, and contains complete independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation for one family. (Ordinance 231)
The gross floor area of any building, structure, structural alteration or addition, including the gross area of every porch, utility room and detached garage or other Accessory Building.
A yard extending across the full width of a lot between the front lot line and primary structure. (Ordinance 194; Ordinance 2016-12 adopted 10-25-16)
One or more persons occupying a one-family dwelling and living there as a single housekeeping unit, as distinguished from a group of persons occupying a boarding house, lodging house, a club, fraternity or sorority house, a motel or hotel, apartment, duplex, or a multi-family dwelling. (Ordinance 231)
The front wall line shall be a line located at the most forward exterior wall or glass of the gross building area of the main dwelling, parallel to the front building line. (Ordinance 2019-05 adopted 2-26-19)
All enclosed space measured to the exterior or outside face of the glass or wall. (Ordinance 2025-05 adopted 2-25-25)
A garage which has at least 10 feet of continuous, uninterrupted wall in common with the dwelling to which it is accessory, excluding extended hallways or breezeways from consideration as a means of attachement. (Ordinance 231)
A garage which is not an attached garage; provided, further, a detached garage shall not mean or include a carport. (Ordinance 231)
The height of a building or structure is the vertical distance above a reference datum (established below) measured to the highest point of: the coping of a flat roof; the deck line of a mansard roof; the highest ridge of a gabled, pitched, or hipped roof; or the highest point of the structure. The reference datum shall be selected by any of the following:
.01
The elevation of the highest adjoining public sidewalk;
.02
The elevation of the "natural ground" surface within a 5-foot horizontal distance of the exterior wall of the building or structure;
.03
The elevation of the highest adjoining curb of a public street abutting the front yard;
.04
The elevation of the highest edge of pavement of a public street abutting the front yard; or
.05
The elevation one foot above the 100 year base flood elevation. (Ordinance 231; Ordinance 2011-05 adopted 2-15-11)
Habitable room shall mean any room meeting the requirements of the City Building Code for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces. (Ordinance 231)
A plot, tract or parcel of land which has been subdivided from a larger tract of land, intended to be used as the building site of one main or principal building and its Accessory Buildings, including areas for the minimum required setbacks established by this Ordinance.
.01
Measurements for determining building lines are to be made from the outermost portion of any building or structure to the property line, exclusive of eaves and balconies that extend up to twenty-four inches (24") from the outermost edge of foundation of any building or structure into any required building setback. The property line shall include any easement or portion of an easement within the property lines, so that the area contained in such easement shall be considered part of the lot. (Ordinance 194; Ordinance 2006-05 adopted 3-28-06)
.02
Measurements for determining the required square footage area of any attached or detached structure are to be made from and are to follow the outermost exterior surface of the walls or exterior surface of such structure, exclusive of eaves, door facings, steps, uncovered slab, or other protrusions which do not enclose or otherwise define the useable area of the structure. (Ordinance 194)
Any structure for which a building permit issued subsequent to the Effective Date of this Ordinance.
Any structure for which a building permit issued prior to the Effective Date of this Ordinance.
The standing or halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers, as that term is defined in Vernon's Annotated Texas Civil Statues, Article 6701d, as amended. (Ordinance 159)
Any constructed or prefabricated swimming pool, spa, hot tub, or spa pool. (Ordinance 231)
Any surface paved or covered with asphalt or concrete to establish a permanent paved area for the use of vehicles. (Ordinance 169)
For the purpose of this Comprehensive Zoning Ordinance the words "street" or "major thoroughfare" shall be defined and classified by the City "Street And Thoroughfare Ordinance," as it may be amended. (Ordinance 231)
The required distance between the outermost edge of foundation of any building or structure, exclusive of eaves and balconies that extend up to twenty four inches (24") from the outermost building structure, and the property line. This definition shall apply to the word or words "set-back" used either as a noun or a verb. (Ordinance 231; Ordinance 2006-05 adopted 3-28-06)
A conditional or special use permit when the terms of this Comprehensive Zoning Ordinance are otherwise met.
The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging merchandise or passengers' as that term is defined in Vernon's Annotated Texas Civil Statues. Article 6701d, as amended. (Ordinance 159)
A residential story is that Portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and ceiling or roof above. (Ordinance 231)
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders; any addition of walls or roofs.
Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ordinance 231)
An offering of goods, wares and merchandise for sale to the general public by a resident of the City as an intermittent activity and such sale not being the usual and customary source of that resident's livelihood.
Shall include, but is not limited to, those areas of a Lot, tract, or parcel of real property covered with grass and/or other vegetation, whether natural, planted, or landscaped, dirt surfaces, and unpaved surfaces. (Ordinance 159)
A use that is permitted only by sufferance, that is, granted only because special conditions and strict enforcement of this Comprehensive Zoning Ordinance would cause unnecessary hardship beyond the spirit of the Ordinance.
Shall mean every device in, upon, or by which any person or property is or may be transported or drawn, as that term is defined in Vernon's Annotated Texas Civil Statues, Article 6701d, as amended. (Ordinance 159)
In this Ordinance used in the present tense include the future; words in the singular include the plural, words in the plural include the singular; and the word "shall" is mandatory and not discretionary.
- DEFINITIONS
In construing this Ordinance the following definitions of words and phrases shall control:
A building used for a purpose subordinate to or customarily incidental to the use of the principal building or structure on the same premises. (Ordinance 159)
A use which serves and is subordinate and incidental to a principal building or a principal use.
03:A-03
Residential Accessory Building: A detached subordinate building, not including a carport or garage, that does not contain any kitchen facilities, which building is not used for business, commercial, or industrial purposes, which building is not rented, the use of which building is clearly an Accessory Use, as defined above, to that of the main or principal residential building and to the use of the Lot for residential purposes, provided that such Accessory Building is located on the same Lot or tract as the principal or main residential building, and provided further that no portion of the structure comprising the Accessory Building may be connected to any portion of the structure comprising any part of the main or principal residential building. (Ordinance 159)
That non-habitable portion of a dwelling or building which is included between the upper surface of the topmost floor and the ceiling or roof above. (Ordinance 231)
Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. (Ordinance 159)
The words "building line" or "building setback line" mean a line parallel to a property line at a required setback distance which signifies that between such "building line" and parallel property line no portion of any building shall be constructed. (Ordinance 231)
A covered structure open on two (2) or more sides, whether attached to a dwelling or freestanding, used or allowing for the routine storage of one (1) or more vehicles. A structure that complies with all requirements for a porte-cochere shall not be considered a carport under this ordinance. (Ordinance 231; Ordinance 2019-05 adopted 2-26-19)
To qualify as a Customary Home Occupation, an activity must meet the following prerequisites:
.01
Not involve the conduct of business which would generate frequent traffic parking at the residence; and
.02
Be customarily carried on in a single family dwelling as an incidental use, but not the principal use thereof, by an occupant of the premises;
.02.01
Without the help at the residence of any assistant or employees; and
.02.02
Without structural alterations in the building or any of its rooms; and
.02.03
Without the installation or assistance of any machinery or equipment other than that customary to normal household operations; and
.02.04
Without the use of any sign, display or advertisement of the occupation or the telephone number of the same, or of the occupant; and
.03
Not cause the generation of any traffic parking in the streets more often than ten (10) minutes once per hour for ten (10) consecutive hours; and
.04
Not involve the storage or display of any property other than household goods used on the premises; and
.05
Not be the following (which list is not intended to be exhaustive):
.05.01
A beauty school;
.05.02
parlor or shop;
.05.03
A doctor's or dentist's office for the treatment of patients;
.05.04
A barbershop;
.05.05
A carpenter's shop;
.05.06
An electrician's shop;
.05.07
A shoe shop;
.05.08
A plumber's shop;
.05.09
A radio shop;
.05.10
A tinner's shop;
.05.11
An auto repairing or auto repainting shop;
.05.12
A furniture repairing shop;
.05.13
A sign painting shop; or
.05.14
A real estate office; and
.06
Not be detrimental or injurious to adjoining property; and
.07
Not involve the conduct of a school for more than two students per hour; and
.08
Not be an office to which any customers or clients come more often than once per day in accordance with the hereinabove traffic regulations 1. and 3.; and
.09
Not include the keeping, stabling, pasturing, boarding or caring for any;
.09.01
Horse;
.09.02
Cattle;
.09.03
Dog;
.09.04
Cat; or
.09.05
Other animal belonging to persons other than the occupants of the main building.
A dwelling is any building which is used, intended, or designed for living purposes, and contains complete independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation for one family. (Ordinance 231)
The gross floor area of any building, structure, structural alteration or addition, including the gross area of every porch, utility room and detached garage or other Accessory Building.
A yard extending across the full width of a lot between the front lot line and primary structure. (Ordinance 194; Ordinance 2016-12 adopted 10-25-16)
One or more persons occupying a one-family dwelling and living there as a single housekeeping unit, as distinguished from a group of persons occupying a boarding house, lodging house, a club, fraternity or sorority house, a motel or hotel, apartment, duplex, or a multi-family dwelling. (Ordinance 231)
The front wall line shall be a line located at the most forward exterior wall or glass of the gross building area of the main dwelling, parallel to the front building line. (Ordinance 2019-05 adopted 2-26-19)
All enclosed space measured to the exterior or outside face of the glass or wall. (Ordinance 2025-05 adopted 2-25-25)
A garage which has at least 10 feet of continuous, uninterrupted wall in common with the dwelling to which it is accessory, excluding extended hallways or breezeways from consideration as a means of attachement. (Ordinance 231)
A garage which is not an attached garage; provided, further, a detached garage shall not mean or include a carport. (Ordinance 231)
The height of a building or structure is the vertical distance above a reference datum (established below) measured to the highest point of: the coping of a flat roof; the deck line of a mansard roof; the highest ridge of a gabled, pitched, or hipped roof; or the highest point of the structure. The reference datum shall be selected by any of the following:
.01
The elevation of the highest adjoining public sidewalk;
.02
The elevation of the "natural ground" surface within a 5-foot horizontal distance of the exterior wall of the building or structure;
.03
The elevation of the highest adjoining curb of a public street abutting the front yard;
.04
The elevation of the highest edge of pavement of a public street abutting the front yard; or
.05
The elevation one foot above the 100 year base flood elevation. (Ordinance 231; Ordinance 2011-05 adopted 2-15-11)
Habitable room shall mean any room meeting the requirements of the City Building Code for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces. (Ordinance 231)
A plot, tract or parcel of land which has been subdivided from a larger tract of land, intended to be used as the building site of one main or principal building and its Accessory Buildings, including areas for the minimum required setbacks established by this Ordinance.
.01
Measurements for determining building lines are to be made from the outermost portion of any building or structure to the property line, exclusive of eaves and balconies that extend up to twenty-four inches (24") from the outermost edge of foundation of any building or structure into any required building setback. The property line shall include any easement or portion of an easement within the property lines, so that the area contained in such easement shall be considered part of the lot. (Ordinance 194; Ordinance 2006-05 adopted 3-28-06)
.02
Measurements for determining the required square footage area of any attached or detached structure are to be made from and are to follow the outermost exterior surface of the walls or exterior surface of such structure, exclusive of eaves, door facings, steps, uncovered slab, or other protrusions which do not enclose or otherwise define the useable area of the structure. (Ordinance 194)
Any structure for which a building permit issued subsequent to the Effective Date of this Ordinance.
Any structure for which a building permit issued prior to the Effective Date of this Ordinance.
The standing or halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers, as that term is defined in Vernon's Annotated Texas Civil Statues, Article 6701d, as amended. (Ordinance 159)
Any constructed or prefabricated swimming pool, spa, hot tub, or spa pool. (Ordinance 231)
Any surface paved or covered with asphalt or concrete to establish a permanent paved area for the use of vehicles. (Ordinance 169)
For the purpose of this Comprehensive Zoning Ordinance the words "street" or "major thoroughfare" shall be defined and classified by the City "Street And Thoroughfare Ordinance," as it may be amended. (Ordinance 231)
The required distance between the outermost edge of foundation of any building or structure, exclusive of eaves and balconies that extend up to twenty four inches (24") from the outermost building structure, and the property line. This definition shall apply to the word or words "set-back" used either as a noun or a verb. (Ordinance 231; Ordinance 2006-05 adopted 3-28-06)
A conditional or special use permit when the terms of this Comprehensive Zoning Ordinance are otherwise met.
The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging merchandise or passengers' as that term is defined in Vernon's Annotated Texas Civil Statues. Article 6701d, as amended. (Ordinance 159)
A residential story is that Portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and ceiling or roof above. (Ordinance 231)
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders; any addition of walls or roofs.
Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ordinance 231)
An offering of goods, wares and merchandise for sale to the general public by a resident of the City as an intermittent activity and such sale not being the usual and customary source of that resident's livelihood.
Shall include, but is not limited to, those areas of a Lot, tract, or parcel of real property covered with grass and/or other vegetation, whether natural, planted, or landscaped, dirt surfaces, and unpaved surfaces. (Ordinance 159)
A use that is permitted only by sufferance, that is, granted only because special conditions and strict enforcement of this Comprehensive Zoning Ordinance would cause unnecessary hardship beyond the spirit of the Ordinance.
Shall mean every device in, upon, or by which any person or property is or may be transported or drawn, as that term is defined in Vernon's Annotated Texas Civil Statues, Article 6701d, as amended. (Ordinance 159)
In this Ordinance used in the present tense include the future; words in the singular include the plural, words in the plural include the singular; and the word "shall" is mandatory and not discretionary.