(a)

Interpretation. The provisions of this chapter, shall be interpreted and applied as the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued and which are not in conflict with any of the provisions of this chapter; or which shall be adopted or issued pursuant to law relating to the use of building on premises, and which are not in conflict with its ordinance. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenants, or other agreements between parties; except that, if this chapter imposes a greater restriction, this chapter shall control.

(b)

Adoption. This chapter shall be in full force and effect from and after its passage and publication as provided by law.

(c)

City council's authority. The city council may from time to time amend, repeal or change by ordinance the boundaries of the districts or the regulations herein established.

(Ord. No. 58, 8-14-1967; Ord. No. 2023-002(O), § I, 3-6-2023)

This chapter shall be known and may be cited as "The Zoning Ordinance of the City of Windcrest, Texas."

The purpose of this chapter is to provide for the orderly, safe and healthful development of the areas within the city and to promote the health, safety, morals and general welfare of the community; and to prescribe an orderly process for future planning.

(Changed by Council Action, 2-14-2001)

This chapter is adopted under the authority of the Constitution and laws of the State of Texas.

(Ord. No. 311, 9-15-1997; Ord. No. 2023-002(O), § I, 3-6-2023)

For purposes of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, the plural the singular. The word "building" shall include the word "structure," the word "lot" shall include the word "plot," and the word "shall" is mandatory and not merely permissive or directory.

Accessory building and use means a lesser building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

Alley means a subordinate public right-of-way dedicated or deeded to public use, not intended to provide the primary means of access to abutting lots. It is used primarily for vehicle access to the back or sides of properties fronting on a street.

Apartment means a room or suite of rooms in a multiple dwelling, or in a building in which more than one (1) living unit is established above or on the same floor as non-residential uses, which room or suite is intended or designed for use as a residence by one family and which includes culinary accommodations.

Apartment house means a building or portion thereof used or designed as a residence for three (3) or more families living independently of each other, and doing their own cooking in said building, including apartments and apartment hotels.

Building means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.

Building setback line means the line within a property defining the minimum horizontal distance between a building and the adjacent street line.

Carport means a structure that houses, shades, covers, or stores motor vehicles and must be open to all four sides unless attached to a maximum of two sides of the primary structure. Structures with three closed walls and/or a vehicle door are considered garages or storage units and must meet the requirements of a garage or storage unit.

City means the City of Windcrest, Texas.

Clinic means an office or group of offices for one (1) or more physicians, dentists, practitioners of veterinary medicine or other health care providers engaged in treating illness, injury, or dental disease to include preventive dentistry, but not including rooms for the housing of patients, except for veterinary clinics which may house small animals.

Commercial/residential combination building means a building or structure used for a combination of commercial and dwelling uses, where the entire ground floor of such building or structure shall be used for commercial purposes and the floors above shall be used for dwellings.

Cul-de-sac means a street having but one (1) outlet to another street and terminated on the opposite end by a vehicular turn-around.

Curb-level means the level of the established curb in front of the building measured with the center of such front. Where no curb has been established, the city building permit officer shall establish such curb or the equivalent for the purpose of this chapter.

Dead-end street means a street, other than a cul-de-sac, with only one (1) outlet.

Deleted use means any building lawfully occupied by a permitted use at the time of passage of this chapter or amendment thereto, which is subsequently deleted as an itemized permitted purpose (use) in Article III of this chapter.

District means a section or sections of the City of Windcrest, Texas, for which regulations governing the use of buildings and land, the height of buildings, the size of yards, and the intensity of use are uniform

Dwelling means any building or portion thereof which is designed and used exclusively for residential purposes.

Dwelling, garden home means a detached, single-family dwelling which shares no common walls with an adjacent dwelling. Garden homes may or may not have a zero-lot line and may or may not be located on a lot size smaller than what is required by city code.

Dwelling, single family means a building having accommodations for and occupied exclusively by one (1) family.

Dwelling, town home means an attached, single-family dwelling constructed as a series of dwellings, all of which are attached to the adjacent dwelling(s) by a common wall and are constructed with a zero-lot line. Town Homes may or may not be located on a lot size that is smaller than what is required by city code.

Dwelling, two (2) family or duplex means a building having accommodations for and occupied exclusively by two (2) families.

Dwelling, multiple means a building having accommodations for and occupied exclusively by more than two (2) families.

Dwelling, two family or duplex means a building having accommodations for and occupied exclusively by two (2) families.

Dwelling, multiple means a building having accommodations for and occupied exclusively by more than two families.

Engineer means a person duly authorized and properly registered under the provisions of the Texas Engineering Registration Act, as amended, to practice the profession of engineering.

Family means one (1) or more individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption.

Family home shall have the meaning set forth in Chapter 202 of the Texas Property Code, and community home shall have the meaning set forth in Chapter 123 of the Texas Human Resources Code. Such terms may be referenced interchangeably in this code but in no way is this intended to alter their meaning as assigned by their respective state law provisions.

Frontage means all the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abutting on one (1) side between an intersecting street and the dead-end of the street.

Garage, private means an accessory building or portion of the main use building, designed for or used for the housing of motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one (1) of the vehicles may be a vehicle of not more than one and three-quarter (1¾) -ton capacity.

Grade means:

(a)

For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.

(b)

For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.

(c)

For buildings having no wall adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

(d)

Any wall approximately parallel to and not more than five (5) feet from the street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the city building inspector.

Height of building means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the mean height level between the eaves and ridge of a gable, hip or gambrel roof.

Home occupation means any business, profession, trade or occupation conducted within a dwelling or an accessory structure as defined and limited in article VII of this chapter.

Lot means a tract or parcel of land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement;, which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.

Lot, corner means a lot abutting upon two or more streets at their intersection.

Lot, depth of means the mean horizontal distance between the front and rear lot lines.

Non-conforming use means any building or land lawfully occupied by a use at the time of passage of this chapter or amendment to it, which does not conform after the passage of this chapter or amendment to it with the use regulations of the district in which it is situated.

Office means a building containing one or more spaces used by one or more businesses which provide professional or information technology, and/or cloud-based services. An office cannot be used as a dwelling.

Parking space means an open or enclosed area intended for the parking of vehicles and containing not less than 180 square feet, exclusive of the driveways connecting said space with a street or alley. Said parking space and connecting driveways shall be durably surfaced and so arranged to permit satisfactory ingress and egress of a motor vehicle.

Pavement width means the portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs.

Person means any individual, entity, partnership, association, firm, corporation, governmental agency, or political subdivision.

Plat means a complete and exact plan for the subdivision of a tract of land into lots for building purposes, which, if approved, may be submitted to the county clerk for recording.

Residential short-term rental unit means a residential dwelling or accessory building, including a single-family dwelling unit, duplex, apartment, residential condominium unit or other residential real estate improvement, in which the public may obtain sleeping accommodations in exchange for compensation for a period of less than ninety (90) consecutive days on a temporary or transient basis. Any use described in this definition shall be considered a commercial use of real property.

Residential use means property used for the housing of individuals or families.

Sexually oriented business means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. This definition includes all businesses encompassed by Tex. Loc. Gov't Code Ann. § 243.002. The city may consider the entire commercial enterprise as a whole, and not simply operations at a specific location, in determining whether a commercial enterprise qualifies as a sexually oriented business. If a business operates or intents to operate at a specific location within the city limits and sells, rents, or exhibits any volume of merchandise or services intended to provide sexual stimulation or sexual gratification to the customer, then such selling, renting, exhibition or services are presumed to be part of the primary business of the commercial operation at that specific location. A commercial enterprise may seek an alternate application of this definition pursuant to section 113-352 of this Code.

Story means that portion of a building, other than a basement included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it then the space between the floor and the ceiling next above it.

Street means a public right-of-way, however designated, which affords the principal means of vehicular access to abutting property.

(a)

An "arterial street" is a street which primarily provides access, egress, and vehicular traffic through the city.

(b)

A "secondary street" primarily provides vehicular circulation to various sections of the city.

(c)

A "collector street" primarily provides circulation within neighborhoods, to carry traffic from minor streets to arterial streets, or to carry traffic through or adjacent to commercial or industrial areas.

(d)

A "marginal access street" is a street which is parallel to and adjacent to an arterial street, which primarily provides access to abutting properties and protection from through traffic.

(e)

A "minor street" is one used primarily for access to abutting residential property.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or exterior walls.

Structure means anything constructed or erected, the use of which requires permanent or temporary location on the ground or attachment to something having a permanent or temporary location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, poster boards, fences and pergolas.

Subdivider means any person or any agent thereof, dividing or proposing to divide land to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.

Subdivision means a division of any tract of land situated within the corporate limits of the city, into two (2) or more parts for the purpose of dividing the tract of land, or for laying out suburban lots, building lots or other lots, and streets, alleys, or other parts of the tract intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. Subdivision includes re-subdivision, but does not include the division of land for agricultural purposes and parcels or tracts of five (5) acres or more and not involving any new street, alley or easement of access.

Surveyor means a licensed state land surveyor or registered professional land surveyor, as authorized by the State statutes to practice the profession of surveying.

Utility easement means an interest in land granted to the city, to the public generally, and/or to a private or public utility corporation for installing or maintaining utilities across, over and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

Yard means an open space on the same lot with a building which is not occupied or obstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard or the depth of a rear yard, the horizontal distance between the lot line and the main building shall be used.

Yard, front means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies or open porch. On corner lots, the front yard shall be the street frontage determined by the developer, as shown on a plat that has been approved by the city council.

Yard, rear means a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps or unenclosed porches. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of a lot from the front yard, as defined above.

Yard, side means a yard between the main building and the side line of the lot, and extending from the front lot line to the rear lot line.

Zoning map means the zoning district map is the map incorporated into this chapter as a part hereof by reference. All lands within the corporate limits of the City of Windcrest are zoned R-1, Single-Family District except as shown on the zoning map on file at the city secretary's office.

(Ord. No. 216, 9-11-1989; Ord. No. 311, 9-15-1997; Changed by Council Action, 2-14-2001; Ord. No. 58CCC, 12-14-1992; Ord. No. 2017-753(O), 4-17-2017; Ord. No. 2021-004(O), § I, 6-7-2021; Ord. No. 2012-679(O), 11-19-2012; Ord. No. 2023-002(O), § I, 3-6-2023)