University Park City Zoning Code
ARTICLE 11
Measurements and Definitions
§ 11.1 General.
Words and terms expressly defined in this zoning ordinance have the specific meanings assigned unless the context clearly indicates another meaning. Words and terms that are not expressly defined in this zoning ordinance have their ordinary dictionary meaning.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20; Ordinance 21-004 adopted 3/2/21)
§ 11.2 Use Definitions.
See Section 5.2 for an explanation of the use categorization system used in this zoning ordinance and for use type definitions.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20; Ordinance 21-004 adopted 3/2/21)
§ 11.3 Measurement-Related Terms.
11.3.1
Fractions and Rounding.
When calculations required under this zoning ordinance result in fractions, the results must be rounded as follows:
A.
Minimum Requirements.
When a regulation is expressed in terms of a minimum requirement, any fractional result must be rounded up to the next consecutive whole number. For example, if a minimum requirement of 3.33 parking spaces per 1,000 square feet of floor area is applied to a use that occupies 2,500 square feet of floor area, the resulting fractional requirement of 8.32 spaces is rounded up to 9 required spaces.
B.
Maximum Limits.
When a regulation is expressed in terms of maximum limits, any fractional result must be rounded down to the preceding whole number.
11.3.2
Lot Area.
Lot area is measured as the total ground-level surface area contained within the property lines of a lot.
11.3.3
Lot Width.
Lot width is measured as the average (mean) horizontal distance between the side property lines of a lot (see Figure 11-1).
11.3.4
Lot Depth.
Lot depth is measured as the average (mean) horizontal distance between the front and rear lot lines of a lot.
11.3.5
Floor Area.
The floor area of a building is measured as the sum of the gross horizontal areas of all floors within the building, including basements, as measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings. Off-street parking areas are not included in the measurement of floor area.
11.3.6
Floor Area Ratio.
The ratio of the gross floor area of all buildings on a lot to the subject lot area.
11.3.7
Frontage or Street Frontage.
Street frontage is measured between side property lines of a lot along the property line that abuts the street (see Figure 11-2).
11.3.8
Setbacks.
A.
Measurement.
Required setbacks are measured from the applicable lot line, right-of-way, or location referred to below. Building setbacks are measured to the nearest exterior building wall. Minimum setbacks that apply to other features (parking areas, fences, storage areas) are measured from the nearest point of the area or feature for which a setback is required. Unless otherwise expressly stated, no part of any structure may be located within the street right-of-way.
1.
Front setbacks are measured from the back of sidewalk or curb. See Figure 11-6.
2.
Side setbacks are measured from the a side lot line (see Figure 11-3).
3.
Rear setbacks are measured from the rear lot line, except on double-frontage lots (see Figure 11-4).
4.
On double-frontage lots, the required front setback must be provided on both streets unless the building line for accessory buildings has been established along one street by ordinance, approved plat, or by usage, in which event, only one required front yard shall be observed (see Figure 11-5).
5.
On lots with 3 or more street frontages, the front of the lot is the lot frontage across the street from the blockface with the most front yards.
B.
Setbacks on Irregular Lots.
Setbacks are measured from the lot line towards the center of the lot, except as follows:
1.
When lot lines are curvilinear, setbacks must be measured parallel to the curvilinear lot line (see Figure 11-7).
2.
When there are multiple rear lot lines, the rear setback must be measured from each of rear lot lines (see Figure 11-8).
3.
When there is no rear lot line, the rear setback must be measured as a radial distance from the intersection of side lot lines at the rear of the lot (see Figure 11-9).
C.
Average Front Setback by Block.
The average front setback on a block is established by the average depth of existing front yards of all the lots on the subject blockface.
1.
The average depth is measured from the back of the sidewalk to the front facade of the building closest to the street.
2.
In calculation of the average of the block, all buildings will be used to establish an initial average, then any structure with a setback greater than 10 feet from the initial average will not be used in computing the final block average.
3.
Any vacant lot or lot on which a structure is to be demolished or removed will be considered to have a front yard depth equal to the average front yard depth on that block for purposes of computing the average front setback.
4.
When a blockface includes 2 or more zoning districts, the required front setback may not be less than the minimum setback of the most restrictive district.
5.
A listing of computed average front setbacks must be maintained by the community development department.
11.3.9
Rear Half of the Lot.
The rear half of the lot is defined as the portion of the lot that falls between a line joining the midpoint of one side lot line with the midpoint of the opposite side lot line and the rear lot line. A building element required to be located in the rear half of the lot shall still comply with all other lot setbacks.
11.3.10
Building Coverage.
Building coverage is the total area of a lot covered by principal and accessory buildings and all structures that are 30 inches or more above grade.
11.3.11
Impermeable Coverage.
Impermeable lot coverage is the total area of the lot or zone on the lot covered by impermeable surfaces, such as buildings, driveways and sidewalks. Semi-permeable materials are not included in this calculation. See the Permeability Requirements of Chapter 3, Article 3.100 [Article 3.02, Divisions 2 and 3] of the Code of Ordinances.
11.3.12
Building Height.
A.
Measurement.
1.
Building height is measured as the vertical distance from the average ground elevation along the exterior building wall to the highest point of the subject building (see Figure 11-10). For purposes of measuring height:
a.
The average ground elevation is the mid-point between the highest and lowest ground elevations along the exterior building wall; and
b.
The highest point of the building is the coping of a flat roof, the top of a mansard roof or shed roof, or the peak of the highest gable of a gable, gambrel, or hip roof.
B.
Exceptions.
1.
Chimneys, elevators, equipment penthouses, monitors, cooling towers and ventilators may exceed maximum building height limits, provided they are not intended for human occupancy and they do not extend more than 12 feet above the top of the principal structure to which they are attached.
2.
Belfries, clock towers, cupolas, domes and spires may exceed maximum building height limits, provided they are not intended for human occupancy and they are not more than 25% taller than the applicable height limit.
3.
Fire separation walls may extend up to 36 inches above maximum district height limits.
11.3.13
Other Height Measurements.
A.
Exterior Vertical Wall Surface.
Vertical wall surface is a building's final face measured from the elevation of the first-floor main door threshold to an enclosed eave's soffit, or junction of the exposed rafter and wall. An enclosed eave fascia may not exceed 12" in height (see Figure 11-11).
1.
For detached accessory structures the exterior vertical wall surface is measured from the detached accessory structure's first-floor main door threshold to an enclosed eave's soffit, or junction of the exposed rafter and wall. An enclosed eave fascia may not exceed 12" in height.
B.
First Floor Elevation.
The elevation of the finished floor shall be established when supported by a structural floor system that is no more than 16 inches above the established grade beam elevation.
C.
Grade Beam Elevation.
1.
The height of the exterior grade beam, on either a slab or pier and beam foundation, shall be no higher than the average of the heights of the grade beams of the residences located on adjacent properties.
2.
In cases where the average height as described in (1) above will not allow for positive drainage of the subject site because of existing topography, the Building Official may allow no more than twelve inches (12") to be added to the height of the exterior grade beam so as to achieve positive drainage, consistent with the drainage requirements set out under the adopted Building Code. A Texas Registered Professional Engineer shall prepare a sealed plan that establishes the grading, drainage, grade beam height, and finished floor required to be in compliance with the drainage requirements of the adopted Building Code to be presented to the Building Official for consideration.
D.
Other Structures.
The height of structures other than buildings, fences or walls is measured as vertical distance from the average finished grade at the base of the structure to the highest point of the structure. Unless otherwise expressly stated, the height of a structure may not exceed the maximum building height allowed in the subject zoning district.
Figure 11-1: Lot Width Measurement  |
Figure 11-2: Street Frontage Measurement  |
Figure 11-3: Side Setback Measurement  |
Figure 11-4: Rear Setback Measurement  |
Figure 11-5: Double Frontage Lot Measurement  |
Figure 11-6: Front Setback Measurement  |
Figure 11-7: Setbacks from Curvilinear Lot Lines  |
Figure 11-8: Setbacks from Multiple Rear Lot Lines  |
Figure 11-9: Rear Setback Measurement When There is No Rear Lot Line  |
Figure 11-10: Building Height Measurement  |
Figure 11-11: Top Plate Height Measurement  |
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20; Ordinance 21-004 adopted 3/2/21; Ordinance 24-022 adopted 8/6/2024)
§ 11.4 Terms Beginning with “A”.
to touch or share a contiguous boundary or border.
a use or structure that meets the criteria of Section 5.3.1.
Sale and possession of mixed beverages by a holder of a mixed beverage permit issued by the state alcoholic beverage commission in accordance with the provisions of Chapter 28 of the Alcoholic Beverage Code, provided the holder also holds a food and beverage certificate under Section 28.18 (“mixed beverages with food and beverage certificate”); Sale at retail for off-premises consumption only of ale, wine and vinous liquors by the holder of a wine only package store permit issued by the state alcoholic beverage commission in accordance with the provisions of Chapter 24 of the Alcoholic Beverage Code (“wine only package store”); Sale for off-premises consumption only of wine, beer and malt liquors containing not more than 17% alcohol by volume by the holder of a wine and beer retailer’s off-premises permit issued by the state alcoholic beverage commission in accordance with the provisions of Chapter 26 of the Alcoholic Beverage Code, and sale of beer in lawful containers to consumers by the holder of a retail dealer’s off-premises license issued by the state alcoholic beverage commission in accordance with the provisions of Chapter 71 of the Alcoholic Beverage Code (“off-premises beer and wine sales”).
a public space or thoroughfare that affords only secondary means of access to abutting property.
the owner of the subject property or an agent authorized by the subject property owner to submit an application on the owner’s behalf.
(Ordinance 18/038 adopted 11/6/18)
§ 11.5 Terms Beginning with “B”.
a level of a building having at least 50% of its height below the average natural grade of the lot on which it is located.
a horizontal band usually marking the floor levels on the exterior facade of a building.
A mound of earth with sloping sides that is located between areas of approximately the same elevation.
an area enclosed by dedicated rights-of-way and occupied by or intended for buildings; or if said word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest 2 dedicated rights-of-way which intersect said street on said side.
all lots abutting one side of a street between the 2 nearest intersecting streets.
an unenclosed or partially enclosed (maximum 50%) passage or walkway covered by a roof connecting a principal residential building with a detached structure or accessory building and that is open on the sides to permit unobstructed passage between portions of the rear yard located on either side of the breezeway.
any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.
the area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal building must be located.
a line parallel or approximately parallel to the street line marking the minimum distance from the street line that a building may be erected.
(Ordinance 18/038 adopted 11/6/18)
§ 11.6 Terms Beginning with “C”.
a parking space having a roof but not enclosed by walls. Parking garages and parking structures are not carports.
an official certificate issued by the city through the community development director that indicates conformance with the zoning regulations and authorizes legal use of the premises for which it is issued.
any sign, wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.
(Ordinance 18/038 adopted 11/6/18)
§ 11.7 Terms Beginning with “D”.
any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
a roofed vertical projection, containing a window and projecting through a sloped roof.
a building or portion of a building that is arranged, occupied, or intended to be occupied as living quarters for an individual household independent of any other household and that contains kitchen, bath and sleeping facilities.
(Ordinance 18/038 adopted 11/6/18)
§ 11.8 Terms Beginning with “E”.
A building's final face measured from the elevation of the first-floor main door threshold to an enclosed eave's soffit, or junction of the exposed rafter and wall. An enclosed eave fascia may not exceed 12" in height.
(Ordinance 24-022 adopted 8/6/2024)
§ 11.9 Terms Beginning with “F”.
See “household.”
See Section 11.3.5.
Section 11.3.6.
that portion of the lot or tract abutting a street.
(Ordinance 18/038 adopted 11/6/18)
§ 11.10 Terms Beginning with “G”.
the triangular part of a wall beneath the inverted “V” of the roofline.
an accessory building or part of a principal building that is enclosed on at least 3 sides and that is used or designed for the private storage of motor vehicles.
the reference point on a lot determined by measuring 6 inches below the finished first floor elevation.
the vertical location of the ground or pavement surface after site grading work is completed in accordance with an approved plan.
(Ordinance 18/038 adopted 11/6/18)
§ 11.11 Terms Beginning with “H”.
floor area used for any purpose other than storage or utilities.
a gable with a sloping roofline perpendicular to the plane of the gable wall, beginning at the uppermost ridge of the gable.
An accessory use of a dwelling unit for business or commercial purposes. Home occupations are subject to the regulations of Section 5.3.14.
a hydrotherapy unit designed and assembled in the traditional manner of tubs or casks, with side and bottoms formed of separate boards and the whole shaped to join together by pressure of the surrounding hoops, bands or rods as distinct from spa units formed of plastic, concrete, metal or other materials.
any number of individuals living together as a single housekeeping unit, in which not more than 2 individuals are unrelated by blood, marriage or adoption. An individual may be considered a family.
(Ordinance 18/038 adopted 11/6/18)
§ 11.12 Terms Beginning with “I”.
(RESERVED)
§ 11.13 Terms Beginning with “J”.
(RESERVED)
§ 11.14 Terms Beginning with “K”.
(RESERVED)
§ 11.15 Terms Beginning with “L”.
a use, structure, lot or sign (as the context indicates) that was established in conformance with all applicable zoning ordinance regulations in effect at the time of its establishment.
land occupied or to be occupied by a building and its accessory buildings, including such open spaces as are required under this zoning ordinance and having its principal frontage upon a public street or officially approved place. A lot to be used for building purposes must qualify as a building site in accordance with Section 1.9.
See Section 11.3.2.
a lot abutting 2 or more streets at their intersection or upon 2 segments of the same street, when such segments form an interior angle of less than 135 degrees. The point of intersection of street rights-of-way lines is the corner.
See Section 11.3.4.
an interior lot with frontage on more than one street or a corner lot with frontage on more than 2 streets. Sometimes referred to as a “through lot.”
a lot other than a corner lot.
the lines bounding a lot.
the boundary of a lot that abuts the street.
the boundary of a lot that abuts a street. A lot may have more than one street lot line, and a street lot line may also be a front lot line.
the boundary of a lot that is most distant from and most nearly parallel to the front lot line.
any boundary of a lot that is not a street lot line or a rear lot line.
a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Dallas County, Texas; or a parcel of land, the deed for which was recorded in the office of the County Clerk of Dallas County prior to November 7th, 1977, provided however, that such parcel, if not constituting a single platted lot, shall be finally platted by approval by the City of University Park of a final plat, an amending plat or replat of such parcel in the manner provided by law.
See Section 11.3.3.
(Ordinance 18/038 adopted 11/6/18)
§ 11.16 Terms Beginning with “M”.
same as “principal building.”
(Ordinance 18/038 adopted 11/6/18)
§ 11.17 Terms Beginning with “N”.
See Section 10.3.5.
Section 10.3.2.
Section 10.3.4.
Section 10.3.3.
A nonconforming lot, nonconforming use, nonconforming structure or nonconforming development feature (see Section 10.3).
Any zoning district other than a residential zoning district or a planned development (PD) district that is primarily residential in nature.
(Ordinance 18/038 adopted 11/6/18)
§ 11.18 Terms Beginning with “O”.
the use or intended use of land or buildings by owners or tenants.
unoccupied area on the lot that is open and unobstructed to the sky from a point 30 inches above grade, except for those exceptions provided for in this zoning ordinance.
the area of all unenclosed areas used or intended to be used for seating and dining by customers and guests, including standing table areas.
(Ordinance 18/038 adopted 11/6/18)
§ 11.19 Terms Beginning with “P”.
a wall-like barrier at the edge of a roof that acts as a vertical extension of an exterior building wall extending above the roof height of the building. Parapets may serve as a safety, visual screening or architectural feature.
the area that includes off-street parking spaces, the maneuvering areas necessary to enter and exit the parking spaces and the drives providing access to the parking spaces and maneuvering areas from a street or other parking areas.
a space on a lot intended and reserved for the parking of a motor vehicle.
a space on a lot reserved for parking required by this zoning ordinance.
the landscaped area in the city right-of-way between the edge of the pedestrian sidewalk or property line and the back of the curb of the adjacent street.
the top of the top structural support on which the rafters and/or joists rest.
an unencumbered opening in a principal residential structure which will allow a vehicle to pass from the street to a required off-street parking area, or from the street back to the street, or from the front street to the side street on a corner lot. A porte cochere must be designed and constructed in general conformance with the architecture of the principal structure. “Unencumbered” shall mean not closed or blocked at any time by a fence, wall, gate or other structure limiting the free flow of vehicles through the porte cochere.
a building or combination of buildings of primary importance or function on a lot. In general, the principal use is carried out in the principal building.
a use or activity or combination of which that are of primary importance on the lot; one of the main purposes for which the land, buildings or structures are intended, designed or ordinarily used.
(Ordinance 18/038 adopted 11/6/18)
§ 11.20 Terms Beginning with “Q”.
(RESERVED)
§ 11.21 Terms Beginning with “R”.
Any of the zoning districts included in Article 2.
(Ordinance 18/038 adopted 11/6/18)
§ 11.22 Terms Beginning with “S”.
A required open area or distance between set point and a building. See Section 11.3.8
A retail or wholesale business that sells or offers for sale, for any kind of consideration, tobacco, tobacco products, electronic smoking devices or paraphernalia and has ten percent (10%) or more of its square feet in the establishment used for the sale or display of tobacco, tobacco products, electronic smoking devices or paraphernalia. An amendatory zoning ordinance granting an SUP for a Smoke Shop shall be conditioned on the following:
An application for an SUP must be submitted to the Director of Community Development or his designee, including the required filing fee and a site plan drawn to scale showing the location and size of the use;
Compliance with all applicable requirements of Chapter 161 of the Texas Health & Safety Code, as amended, or any other applicable state law or City code or ordinance, provided that any word or term used but not defined in this section shall be defined as stated in Chapter 161;
That the location is at least _________ feet [sic] from any public or private school, public library, church, public park, or any other smoke shop;
That sales to any person under 18 years of age are prohibited; Comply with the City sign ordinance, provided no signage advertising tobacco, tobacco products, electronic smoking devices, or paraphernalia visible outside the premises shall be permitted;
Written approval from the property owner authorizing the use.
a unit primarily designed for therapeutic use which is not drained, cleaned or refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction bubbles, or any combination thereof. Industry terminology for spa includes, but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, etc.
a pool, not under medical supervision, that incorporates water jets and/or an aeration system used for hydro-massage.
the height between the successive floors of a building or from the top floor to the roof. Parking that is located below the average grade or which is at grade and below the structure and enclosed is not counted in determining the allowed number of stories. A basement is also not considered a story.
Space under at least 2 sloping roofs having an average height not exceeding 8 feet and a floor area not greater than 50% of the area of the floor immediately below.
any thoroughfare, road, highway or public driveway, other than an alley, where at least 30 feet of right-of-way has been dedicated or deeded to the public use expressly or by implication.
See Section 11.3.7.
a dividing line between a lot, tract or parcel of land and an abutting street right-of-way.
any change in any supporting member of a building, a bearing wall, column, beams or girders.
anything constructed or erected, the use of which requires location on the ground or that is attached to something located on the ground, including but not limited to buildings of all types, advertising signs, fences, walls, paved surfaces, decks and swimming pools.
any constructed or prefabricated pool used for swimming or bathing, 24 inches or more in depth.
(Ordinance 18/038 adopted 11/6/18; Ordinance 23-018 adopted 9/5/2023)
§ 11.23 Terms Beginning with “T”.
a temporary building, trailer office or temporary building material storage area used for construction purposes and authorized by permit for a specific period of time and subject to periodic renewal by the community development director and used in connection with a development or building project for temporary storage, on-site administration and supervisory functions. Temporary construction structures are subject to the regulations of Section 5.4.2.
a surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for night play except as may be otherwise allowed or limited by an approved specific use permit
an external, typically raised, open, flat area in a yard or adjacent to a building.
(Ordinance 18/038 adopted 11/6/18)
§ 11.24 Terms Beginning with “U”.
(RESERVED)
§ 11.25 Terms Beginning with “V”.
(RESERVED)
§ 11.26 Terms Beginning with “W”.
that part of any exterior wall of a building that is entirely above the roofline of the subject building.
(Ordinance 18/038 adopted 11/6/18)
§ 11.27 Terms Beginning with “X”.
(RESERVED)
§ 11.28 Terms Beginning with “Y”.
an actual (as opposed to “required”) open, unoccupied space that exists on a lot between a building and a lot line.
A yard extending along the full length of the front lot lines between the side lot lines, including the required setback.
a yard extending along a side lot line between the front yard and the rear lot line, including the required setback.
a yard extending along the full length of the rear lot line between the side lot lines, including the required setback.
(Ordinance 18/038 adopted 11/6/18)
§ 11.29 Terms Beginning with “Z”.
(RESERVED)
(Ordinance 18/038 adopted 11/6/18)