Certain words in this ordinance not heretofore defined are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the words “plot” or “tract”; the word “shall” is mandatory and not discretionary.

(commercial) - A subordinate building, detached from the main building and used for purposes customarily incidental to the business of the main building, but not involving the conduct of a business or the sale of a service. Accessory buildings including portable storage or shipping containers, modified in accordance with corresponding building code.

(residential) - A subordinate building detached from the main building and used for purposes customarily incidental to the residential occupancy of the main building and not involving the conduct of a business or the sale of a service. Accessory buildings include but are not limited to an automobile storage garage, laundry room, garden shelter, hobby room and mechanical room.

A public space or thoroughfare which affords only secondary means of access to property abutting thereon.

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.

The area shall be the net area of the lot or site and shall not include portions of streets and alleys.

A building, other than a hotel, boarding or rooming house, or multiple family dwelling, designed for and occupied as a temporary lodging place for persons for compensation, where facilities for food preparation are not provided in individual rooms.

A building, other than a hotel or multiple family dwelling, where lodging is provided for five or more persons for compensation, where meals may or may not be served and where facilities for food preparation are not provided in individual rooms.

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.

An area enclosed by streets 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 two streets which intersect said street on said side.

Zoning Board of Adjustment.

The Building Official or person charged with the enforcement of the zoning and building codes of the City of Winnsboro.

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 home owner.

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.

A line parallel or approximately parallel to the street line at a specified distance therefrom making the minimum distance from the street line that a building may be erected.

Those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building.

The governing body of the City of Winnsboro, Texas.

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.

An official certificate issued by the City through the enforcing official which indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

A group of offices for one or more physicians, surgeons, or dentists, to treat sick or injured out-patients who do not remain overnight.

Means a private drive allowing principal means of access to individual HUD Code Manufactured Home lots or auxiliary buildings.

Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age.

An open, unoccupied space, bounded on more than two sides by the walls of a 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.

An amusement enterprise wholly enclosed and operated within an acoustically treated building such as a bowling alley or pool hall.

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.

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 meeting, recreation or social activity and under the 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.

A place of assembly and worship by a recognized religion including synagogue, temples, churches, instruction rooms and the place of residence for ministers, priests, rabbis, teachers and directors on the premises.

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.

Facilities for examining, consulting with and treating patients including offices, laboratories and outpatient facilities but not including hospital beds and rooms for acute or chronic care.

An establishment where four (4) or more children are left for care or training during the day or portion thereof including a recreation area with or without a building where children engage in supervised training or recreation during daylight hours.

The mean horizontal distance between the front and rear lot lines.

A section of the City of Winnsboro for which the regulations governing the area, height or use of the land and buildings are uniform.

Means a minor entrance way off the common access route (internal street) within the park, into an off-street parking area serving one or more HUD Code Manufactured Homes.

A detached building having accommodations for and occupied by not more than one family, or by one family and not more than two (2) boarders and lodgers.

A detached building w/ separate accommodations for and occupied by not more than two families, or by two families and not more than two boarders or lodgers.

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 residence of three or more families.

A building or portion of a building occupied, or intended to be occupied as living quarters, with facilities for food preparation and sleeping.

An eating establishment, cafeteria or restaurant where food service is offered to customers not in automobiles.

An establishment offering food for sale to customers in automobiles and parking space is provided on premise[s] for consumption of food in automobiles.

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 on the premises, not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Any number of individuals living together as a single housekeeping unit, in which all members are related by blood, marriage or adoption.

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages.

The ratio of total building floor area to lot area.

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 then [than] one hundred (100) feet to the bounding property lines of the farm tract.

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.

An occupation customarily carried on in the home by a member of the occupant’s family, being incidental to the primary occupancy of the home as a dwelling, without the offering, display or advertising of any commodity or service for sale on the premises, except those allowed below, without the employment of any persons other than a member of the immediate family, without the use of other than normal domestic or household equipment or appliances and the conduct of which does not generate noise, odor, fumes, vibration or any other condition visible, obnoxious or detrimental to abutting or adjacent properties. The conduct of said business should not significantly increase the amount of traffic or parking above that considered normal for visitation for a domicile. A sign advertising the existence of such a home occupation may be displayed if said sign is nonilluminated and is confined to a size not to exceed 18" x 36". In no case shall the operation of the business be allowed after nine (9) o’clock p.m.

The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roofs [sic] surface if 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.

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.

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.

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.

Means written license issued by the City of Winnsboro, permitting a person to operate and maintain a HUD Code Manufactured Home Park under the provisions of this ordinance.

Including but not limited to the manufacture of jewelry, trimming decorations, signs and any similar time not involving the generation of noise, odor, vibration, dust or hazard.

The room or rooms occupied by a family and must include cooking facilities.

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.

A building where lodging for five (5) or more persons is provided for compensation.

Land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this ordinance and having its principal frontage upon a public street or officially approved place.

The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot or the area determined as the maximum cross-sectional area of the building.

The lines bounding a lot as defined herein.

A lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk of Wood, Franklin, or Hopkins County, or a parcel of land, the deed for which is recorded into the office of the county clerk of Wood, Franklin, or Hopkins County prior to the adoption of this ordinance.

The mean distance between the front and rear lot lines.

The width of a lot at the front building lines.

The building or buildings on a lot which are occupied by the primary use.

As defined in The Texas Manufactured Housing Standards Act, “HUD Code Manufactured Home” means a structure constructed on or after June 15, 1976, according to the rules of the United State Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R., Section 3283.8(g).

Means an area designated, arranged or used for the installation of one or more HUD Code Manufactured Homes which are occupied or intended for occupancy as semipermanent living quarters by individuals or families, and accessory structures. Under no circumstances shall a Mobile Home, as hereinabove defined, be permitted within a HUD Code Manufactured Home Park.

Means property which is developed along ordinary subdivision characteristics, and is intended for sale to individual property owners of each lot within the subdivision.

“Modular Home” means a structure or building module as defined and is under the jurisdiction and control of the Texas Department of Labor and Standards and it is 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 mobile home as defined in the Act; nor does it include building modules incorporating concrete or masonry as the primary structural component.

Uses restricted from other zoning districts but permitted in the “I” district 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 is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.

As defined in The Texas Manufactured Housing Standards Act, “Mobile Home” means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and including the plumbing, heating, air-conditioning, and electrical systems.

“Mobile Home Park” shall mean a unified development of mobile home spaces arranged on a tract of land under sole ownership, where lots or spaces are rented or leased for installation of a mobile home to be occupied as a semipermanent place of residence, as well as accessory structures or buildings.

A building or group of buildings designed for and occupied as a temporary abiding place of individuals and providing twenty (20) or more room units with customary hotel services such as linen, maid service, telephone and upkeep of furniture.

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.

A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto and which does not conform to the use regulations of the district in which it is situated.

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.

The use or intended use of the land or buildings by proprietors or tenants.

Area 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.

An enclosed or unenclosed concrete or asphalt surfaced area behind front building line of not less than one hundred eighty (180) square feet (measuring approximately nine (9) feet by twenty (20) feet) not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street or alley permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street shall not be classified off-street parking in computing the public area requirements for any use.

Written permit/certification issued by the City of Winnsboro permitting the construction, alteration or extension of a HUD Code Manufactured Home Park under the provisions of this ordinance and regulations issued hereunder.

The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning.

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 of landscape contracting.

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.

An academic institution other than a public or parochial elementary or secondary school, including private elementary and secondary schools and institutions of higher learning.

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.

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.

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.

Same as dwelling; also when used with district, an area of residential regulations.

(see Lodging House).

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.

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.

An establishment offering for sale used merchandise with the storage and display of such items wholly located inside a building or structure.

An outdoor advertising device that is a structure or that is attached to or painted on a building or that is leaned against a structure for display on premises.

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.

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 from an adjoining dwelling in the event either dwelling is caused to be removed.

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.

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 half acre of the area of a farm or lot.

The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven (11) feet, six (6) inches.

Any thoroughfare or public roadway, other than an alley, which has been dedicated or deeded to the public for public use in the movement of motorized or pedestrian traffic in, through and about the City.

A dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line.

Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

(Same as Building.)

A building or rooms in a building used for the instructing, coaching or counseling in drama, speech, dance or similar personal skills or arts.

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, they shall not be located closer than five (5) feet to any property line.

Any establishment, place of business, or location for the application of intradermal inks for the purpose of applying permanent art, aka micropigmentation, to the body.

A switching or transmitting station owned by a public utility but not including business office facilities, storage or repair shops or yards.

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.

(Same as Street.)

A single detached building located on a platted lot or building site designed for and occupied by not more than two (2) families.

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 material.

An open, unobstructed 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.

An open, unobstructed 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 and having a depth between the building and the rear lot line as specified in the district in which the lot is situated.

An open, unobstructed 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 a front line, shall be deemed a side line.

An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

The official certified map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the Zoning Ordinance.