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Whitney City Zoning Code

§ 14.02.034

Rules of construction and special definitions. 1

(a) 
General rules of construction.
The following rules of construction shall apply to the interpretation of words uses in this article:
(1) 
Words used in the present tense include the future tense;
(2) 
Words used in the singular number include the plural number;
(3) 
Words in the plural number include the singular number;
(4) 
The words "building" and "structure" are synonymous;
(5) 
The words "lot," "plot" and "tract" are synonymous; and
(6) 
The word "shall" is mandatory and not discretionary.
(b) 
Special definitions.
Except to the extent a particular provision specifies otherwise, the following definitions shall apply throughout this article:
Accessory use or building.
A use or building subordinate to and detached from the main building and used for purposes customarily incidental to the primary use of the premises.
Administrator.
The person appointed by the city council to administer this article.
Airport of landing field.
An area improved for the landing or take-off of aircraft approved by the City of Whitney for operation as an aircraft landing facility.
Alley.
A public space or thoroughfare which affords only secondary means of access to property abutting thereon.
Antique shop.
An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design or sentiment.
Apartment.
A room or suit of rooms in a multifamily dwelling or apartment house designed or occupied as a place of residence by a single-family, individual or group of individuals.
Apartment house.
Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.
Area of the lot or building site.
The area shall be the net area of the lot or site and shall not include portions of streets and alleys.
Art gallery or museum.
An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.
Basement.
A building story, which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.
Bed and breakfast.
A private residence, several rooms of which are set aside for overnight guests whose paid accommodations include breakfast. Paid occupancy of any bedroom of a bed and breakfast may not exceed two adults.
Block.
An area enclosed by streets and occupied by or intended for buildings; where this word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.
Board.
Zoning board of adjustment.
Boarding or rooming house.
A building, other than a hotel or multiple-family dwelling, where lodging is provided for five (5) or more persons for compensation, and where facilities for food preparation are not provided in individual rooms.
Building.
Any structure built for the support, shelter and enclosure of persons, animals, chattels or moveable 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.
Building ends.
Those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building spacing regulations for multifamily dwelling, the term "building end" shall mean the narrowest side of a building regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.
Building line.
A line parallel or approximately parallel to the street line at a specified distance there from constituting the minimum distance from the street line that a building may be erected.
Building material sales.
The sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which is oriented to the retail customer, rather than contractor or wholesale customer.
Building official.
The building inspector.
Cellar.
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.
Certificate of occupancy and compliance.
An official certificate issued by the city through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.
Church of rectory.
A place of assembly and worship by a recognized religion including without limitation synagogues, temples, churches, instruction rooms and the place of residence for ministers, priests, rabbis, teachers and directors on the premises.
City council.
The governing body of the city.
Clinic medical or dental.
Facilities for examining, consulting and treating patients including offices, laboratories and outpatient facilities, but not including hospital beds and rooms for acute of chronic care.
Club private.
A club room or suite of rooms or a building available to restricted membership for meetings, dining and entertainment. Such facilities may include a private tennis court, swimming pool or similar recreation facilities, none of which are available to the general public.
College or university.
An academic institution of higher learning, accredited or recognized by the state and covering a program or series of programs of academic study.
Commercial amusement (indoor).
An amusement enterprise wholly enclosed and operated within an acoustically treated building such as a bowling alley or pool hall.
Commercial amusement (outdoor).
An amusement enterprise offering entertainment to general public such as golf driving range, pitch and putt course, archery, miniature golf and similar outdoor activities but not including go-cart racing, drag strips, auto racing or motorcycle racing.
Community center (private).
A building or group of rooms designed and used as an integral part of a residential project by the tenants of such a project for a place of management and unified control of the operators of the project. A private community center shall not be operated as a place of public meetings or as a business nor shall the operation of such facility create noise, odor or similar conditions perceptible beyond the bounding property line of the project site.
Community center (public).
A building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the community served.
Convalescent home.
Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.
Country club (private).
An area of twenty (20) acres or more containing a golf course and a clubhouse and available only to private specific membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
Court.
An open, unoccupied space, bounded on more than two sides by the walls of 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.
Coverage.
The percent of a lot or tract covered by the roof or first floor of a building.
Day nursery, day camp or kindergarten school.
An establishment where four (4) or more children are left for care or training during the day of portion thereof including a recreation area with or without a building where children engage in supervised training or recreation during daylight hours.
Depth of lot.
The mean horizontal distance between the front and rear lot lines.
District.
A section of the city for which the regulations governing the area, height or use of the land and buildings are uniform.
Dwelling, one-family.
A dwelling unit having accommodations for and occupied by not more than four (4) boarders and lodgers.
Dwelling, two-family.
A detached building having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders and lodgers.
Dwelling unit.
A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters and includes facilities for food preparation and sleeping.
Dwellings, multiple-family.
Any building or portion thereof, which is designed, built, rented, leased or left to be occupied as three or more dwelling units or apartments or which is occupied as a home or residence of three or more families.
Eating place without drive-in or curb service.
Any eating establishment, cafeteria, restaurant or inn where food service is offered to customers not in automobiles.
Family.
Any number of individuals living together as a single housekeeping unit, in which not more than four (4) individuals are unrelated by blood, marriage or adoption.
Farm accessory building.
An accessory structure on a tract qualifying as a farm as herein defined for storing or housing the usual projects and animals raised or maintained on a farm, such as a barn, poultry house, stable, machinery shed or granary. No structure housing animals or poultry shall be located nearer than one hundred (100) feet to the bounding property lines of the farm tract.
Farm ranch garden or orchard.
An area of five (5) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.
Fire police or municipal building.
Any public service building of the municipal government including a library or city hall, but excluding storage yards, utility shops and equipment centers.
Floor area.
The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports, garages or porches.
Floor area ration.
The ratio of total building floor area to lot area.
Golf course (commercial).
A golf course, privately owned but open to the public for a fee and operated as a commercial venture.
Guest house (detached).
A secondary structure on a lot or tract containing dwelling accommodations excluding kitchen facilities and separate utility services or meters and intended for the temporary occupancy by guests and not for rent or permanent occupancy.
Height.
The vertical distance of a building measured from the average established grade at the street line on from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roofs surface of a flat surface, (2) to the deck line of mansard roofs or (3) to the mean height level between eaves and edge for hip and gable roofs 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 ten (10) feet. If the street grade has not been officially established, the average front yard grade shall be used for a base level.
Heliport or heliatop.
A landing facility for rotary wing aircraft which may include fueling or servicing facilities for such craft and subject to approval by the City of Whitney.
Home for aged, residence.
A home where elderly people are provided with lodging and meals without nursing care being primary function.
Home occupation.
Any occupation, profession, activity, or use that is conducted entirely within a residential dwelling by the inhabitants residing in the dwelling unit that is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the character of the residential neighborhood.
Hospital (chronic care).
An institution where those persons suffering from generally permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas.
Hospital (general acute care).
An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.
HUD-code manufactured home.
A structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning, and electrical systems of the home; and does not include a recreational vehicle as defined by 24 C.F.R. section 3282.8(g).
HUD manufactured home park.
A tract or parcel of land used to accommodate HUD manufactured home units and accessory structures as a semi-permanent place of residence.
HUD manufactured home subdivision.
A tract of land subdivided into lots which are designed as permanent sites for HUD manufactured homes or relocated homes and which are served by separate utilities, dedicated street access on a legally filed plat, and are capable of being conveyed as separate lots.
Institution for alcoholic, narcotic or psychiatric patients.
An institution offering resident or outpatient treatment to alcoholic, narcotic or psychiatric patients.
Kindergarten or nursery school.
An establishment where more than three (3) children are housed for care of training during the day or portion thereof.
Library, art gallery or museum (public).
Any institution for the loan or display of books, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.
Light fabrication and assembly processes.
The fabrication, assembly or manufacture of products, including but not limited to jewelry, trimming decorations, signs, and similar items, which does not involve generation of noise, odor, vibration, dust or hazard.
Living unit.
The room or rooms occupied by a family and which includes cooking facilities.
Local utility line.
The usual electric power, telephone, gas, water, sewer, and drainage lines designed and constructed by the municipality or a franchised utility company to serve a community with urban type services.
Lodging house.
A building where lodging for five (5) or more persons is provided in exchange for compensation.
Lot coverage.
The percentage of the total area of a lot occupied by the base (first story of floor) of buildings located on the lot or the area determined as the maximum cross-sectional area of the building.
Lot depth.
The mean distance between the front and rear lot lines.
Lot lines.
The lines bounding a lot as defined herein.
Lot of record.
A lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk of Hill County; or a parcel of land, the deed for which is recorded in the office of the county clerk of Hill County prior to the adoption of this article.
Lot or building site.
Land occupied or to be occupied by a building and its accessory building and including such open spaces as are required under this article and having its principal frontage upon a public street or officially approved place.
Lot width.
The width of a lot at the front building lines.
Main building.
The building or buildings on a lot which are occupied by the primary use.
Manufactured modular home and modular home.
A structure or building module as defined by statute and under the jurisdiction and control of the Texas Department of Labor and Standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a HUD-code manufactured home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.
Manufacturing processes.
Uses restricted from other zoning districts but permitted in the "I-1" and "I-2" districts under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor, gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent areas.
Mobile home.
A structure constructed before June 15, 1976, built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and includes the plumbing, heating, air conditioning, and electrical systems of the home. It shall be unlawful to bring a mobile home, as that term is defined herein, into the City of Whitney for use as a dwelling or for any other purpose. Lawfully existing mobile homes within the city before December 2003 are not affected. Any mobile home within the city may be replaced with a HUD-code manufactured home.
Motel or hotel.
A building or group of buildings designed for and occupied as a temporary abiding place of individuals and providing six (6) or more room units with customary hotel services such as linen, maid service, telephone and upkeep of furniture.
Multiple-family dwelling.
Any building or portion thereof which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units.
Nonconforming use.
A building, structure or use of land lawfully occupied at the time of the effective date of this article or amendments thereto and which does not conform to the use regulations of the district in which it is situated.
Nursing home or residence home for aged.
A place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.
Occupancy.
The use or intended use of the land or buildings by proprietors or tenants.
Off-street parking incidental to main use.
Off-street parking spaces provided in accordance with the requirements specified by this article and located on the lot or tract occupied by the main use or within two hundred (200) feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.
Open market sales.
Flea markets, farmers' markets, special event vending, and similar types of retail market sales of new and used goods, collectibles, flowers and plants, food and food products, amusements, antiques, arts and crafts, and other products, that is conducted outdoors, under awnings, in tents, or within a building in which individual booths, tables, cubicles, or specified areas are allotted to individual vendors, such sales being subject to special and additional regulations specified in section 14.02.025(f) of this article.
Open spaces.
Are 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, porches and plant material.
Park or playground (public).
An open recreation facility or park owned and operated by a public agency such as the City of Whitney or the school board and available to the general public for neighborhood use but not involving lighted athletic fields for nighttime play.
Parking lot or structure, commercial (auto).
An area or structure devoted to the parking or storage of automobiles for a fee, may include, in the case of a parking structure only, a facility for servicing of automobiles provided such facility is primarily an integral function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.
Plant nursery or greenhouse.
Retail or wholesale sales of plant materials and supplies either enclosed in a building, lath house, or in the open and with related storage of equipment for landscape contracting.
Playfield or stadium (public).
An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.
Private club.
See club private.
Private garage.
An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space[.]
Private school.
An academic institution other than a public or parochial elementary or secondary school, including private elementary or secondary school, including private elementary and secondary schools and institutions of higher learning.
Private utility (franchised).
A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of Whitney.
Public building, shop or yard of locale, state or federal agency.
Facilities such as office buildings, other than city hall, library, police or fire station, maintenance yards and shops required by branches of local, state or federal agencies for service to an area such as highway department yard, city service center or experiment station.
Quick-service food and beverage shop.
An establishment offering food or beverage to customers either through an automobile pick-up window or a walk-up window, and with eating space provided within the building.
Radio television or microwave towers.
Structures supporting antenna for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.
Radio, TV and appliance repair.
A shop for the repair of household and home equipment, such as electrical appliances, lawn mowers, tools and similar items where all such items are stored within a building.
Residence.
Same as dwelling; when used with district, an area of residential regulations.
Restaurant or cafeteria (not of drive-in type).
An establishment servicing food to the general public in specific, designated dining areas and shall not include drive-in establishments where food is eaten in automobiles.
Restaurant or eating establishment (drive-in service).
An establishment designed and constructed to serve food for consumption on the premises in an automobile and which establishment may or may not have on-premises dining room or counter.
Retail shop, apparel, gift, accessory, and similar items.
Small retail shops such as dress shops or gift shops serving specific neighborhood areas as different community wide service importance.
Rooming houses.
See lodging house.
School business.
A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade schools.
School commercial trade or craft.
A business operating for profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and other similar manual trades.
School, public, denominational.
A school and customary accessory uses under the sponsorship of a public or religious agency having a curriculum generally equivalent to public, elementary or secondary schools, but not including private, trade or commercial schools.
Second hand store furniture or clothing.
An establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.
Sign.
An outdoor advertising device that is a structure or that is attached to or painted in a building or that is leaned against a structure for display on premises.
Single-family dwelling attached.
A building located on a platted lot or separate building site which is designed for and occupied by not more than one (1) family and which is attached by one or more common wall(s) to another similar single-family dwelling unit. An attached dwelling shall be designed to permit separation form an adjoining dwelling in the event either dwelling is caused to be removed.
Single-family dwelling detached.
A detached building located on a platted lot or separate building site which is designed for and occupied by not more than one (1) family.
Stable commercial.
A structure housing horses which are boarded or rented to the public or any stable other than a private stable; but not including a sale barn, auction or similar trading activity.
Stable private.
An accessory building set back from adjacent property lines a minimum distance of one hundred (100) feet and used for quartering horses, not to exceed one (1) horse per one and one half (1.5) acre area of a farm or lot.
Story.
The height between the successive floors of a building of from the top floor to the roof. The standard height for a story is eleven (11) feet, six (6) inches.
Street.
Any thoroughfare or public driveway, other than an alley, more than thirty (30) feet in width, which has been dedicated or deeded to the public for public use.
Street line.
A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way.
Structural alterations.
Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.
Structure.
Same as building.
Studio: art, music, ceramics, drama, speech, dance, and similar skills.
A building or rooms in a building used for instructing, coaching or counseling in drama, speech, dance or similar personal skills or arts.
Swimming instruction as a home occupation.
The teaching of swimming in a private swimming pool in a residential area, the offering of swimming instruction in a private pool is subject to the approval of a specific use permit which may specify operating conditions and standards and may limit the number of students and operating time*.
Swimming pool (commercial).
A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.
Swimming pool (private).
A swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight (8) feet to any property line. Any constructed pool used for swimming or bathing over twenty-four (24) inches in depth, or with a surface area exceeding two hundred (200) square feet.
Telephone exchange switching and transmitting equipment only.
A switching or transmitting station owned by a public utility but not including business office facilities, storage or repair shops or yards.
Temporary field or construction office.
Temporary office buildings and temporary building material storage areas to be used solely for construction purposes in connection with the property on which they are erected may be permitted for a specified period of time in accordance with a permit issued by the building official.
Tennis court, private.
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 in residential areas except as may be otherwise provided or restricted by the specific use permit.
Thoroughfare.
Same as street.
Two-family dwelling.
A single detached building located on a platted lot or building site designed for and occupied by not more than two (2) families.
Wine-tasting room.
An establishment licensed as a winery or farm winery that serves only wine or nonalcoholic beverages for retail on-premises or off-premises consumption and that does not serve meals.
Wrecking or auto salvage yard.
A yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.
Yard.
An open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point forty (40) inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant materials.
Yard, front.
An open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.
Yard, rear.
An open, unoccupied space, except for accessory buildings as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line having a depth between the building and the rear lot line as specified in the district in which the lot is situated.
Yard, side.
An open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.
Zoning district map.
The official certified map upon which the boundaries of the various zoning districts are drawn, and which is an integral part of this article.
Zoo (private).
A facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.
Zoo (public).
A publicly owned zoo or similar facility owned and operated by the city or a nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.
(Ordinance 2020-12 adopted 7/20/2020; Ordinance 2024-12-01 adopted 12/19/2024)
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Editor's note–To prevent future renumbering of these definitions as new terms are added, the numerical designation has been omitted at the discretion of the editor and the terms are now listed in alphabetical order.