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Woodway City Zoning Code

PART THIRTEEN

DEFINITIONS

The following words, where used in this Ordinance, shall have the meaning thereof described as follows: (amended 2-7-72, 10-21-74, 12-14-87, 7-10-06)


Section 13.1: -

Words used in the present tense include the future. The singular number includes the plural and plural the singular. "Building" includes "structure". "Shall" and "must" are mandatory.

Section 13.2: - Accessory Building.

A separate building devoted to an accessory use.

Section 13.3: - Accessory Use.

A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises.

Section 13.4: - Alley.

Land dedicated to public use and devoted to secondary access to lots.

Section 13.5: - Automobile Wrecking Yard.

A place for the dismantling, storage, trading or buying and selling of disabled, dismantled and damaged vehicles. Damaged vehicles as used herein means any vehicle which has been involved in a collision in which a re-inspection is required by State Law.

Section 13.6: - Basement.

The part of a building from one (1) floor to the next floor above which has part of but less than one-half (½) its height below grade. If a basement is subdivided and used for dwelling purposes, it is counted as a story; a cellar is not.

Section 13.7: - Board.

The Board of Adjustment established in Part Eight.

Section 13.8: - Build.

To erect, convert, enlarge, reconstruct, or structurally alter a building or structure.

Section 13.9: - Buildable Width.

The width of lot left to be built upon after the side yards are provided.

Section 13.10: - Building.

Any structure built for use of persons or animals.

Section 13.11: - Cellar.

The part of a building from one (1) floor to the next floor above which has more than one-half (½) its height below grade. If a basement is subdivided and used for dwelling purposes, it is counted as a story; a cellar is not.

Section 13.12: - City.

City of Woodway, Texas.

Section 13.13: - Commission.

City Planning and Zoning Commission of Woodway, Texas.

Section 13.14: - Common Open Space.

A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a Planned Unit Development and designed and intended for the use or enjoyment of residents of the Planned Unit Development. Common Open Space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Planned Unit Development.

Section 13.15: - Council.

City Council of Woodway, Texas.

Section 13.16: - District.

A part of the City wherein regulations of this Ordinance are uniform.

Section 13.17: - Dwelling. (Amended 2-25-85, 7-10-06)

A building used entirely for residential purposes.

13.1701: Single-Family Dwelling—A building that contains only one (1) living unit.

13.1702: Duplex Dwelling—A building that contains only two (2) living units.

13.1703: Multiple or Multi-Family Dwelling—A building that contains more than two (2) living units.

Section 13.18: - Family. (Amended 7-10-06)

One or more persons related by blood, marriage or adoption occupying a living unit as an individual housekeeping organization.

Section 13.19: - Floor Area.

The square feet of floor space within the outside line of walls and including the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar not used for dwelling purposes.

Section 13.20: - Grade.

The average level of the finished surface of the ground for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street, the grade is the sidewalk elevation at the center of the building. If there is more than one (1) street, an average sidewalk elevation is to be used. If there is no sidewalk, the City Engineer shall establish the sidewalk grade.

Section 13.21: - Half-story.

The space under a sloping roof; all of which space must be at least three (3) feet high, but not more than sixty (60) per cent of which floor area may be finished off for use.

Section 13.22: - Height of a building.

The vertical distance from the grade to:

A.

The highest point on a flat roof;

B.

The deck line of a mansard roof; or

C.

The mean height between eaves and ridge for gable, hip and gambrel roofs.

Section 13.23: - Home Occupation. (Amended 7-10-06, 11-27-06)

An accessory use; an activity carried on only by a resident member of a family meeting these conditions:

A.

Only one (1) non-illuminated sign no larger than one (1) square foot in area shall be permitted, and such sign shall be attached to the building.

B.

Nothing is done to make the building appear in any way as anything but a dwelling.

C.

If some product is made as part of the activity, it and only it may be sold; nothing else can be sold.

D.

No one is employed from outside the resident family.

E.

Mechanical equipment used is only that normally used in, or found in a single-family dwelling.

F.

A beauty shop shall not be considered a home occupation.

Section 13.24: - Hotel.

A dwelling not consisting of living units and occupied by more than 20 persons. Apartment hotel is multiple dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels; such as a drugstore, barbershop, cosmetologist's shop, cigar stand, or newsstand, when such uses are located entirely within a building with no entrance from the street or visibly from any sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use.

Section 13.25: - Landowner.

The legal or beneficial owners or owners of all the land proposed to be included in a Planned Unit Development. The holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land shall be deemed to be a "Landowner" for the purpose of this Ordinance.

Section 13.26: - Living Unit. (Added 7-10-06)

A building or portion of a building which is arranged, occupied, or intended to be occupied as single living quarters and includes facilities for food preparation and sleeping. See definition for "Dwelling."

Section 13.27: - Lodging House.

A dwelling consisting of not more than one living unit occupied by not more than 20 persons not related by blood, marriage, or adoption. This term includes rooming house, boarding house, tourist home, and nursing home.

Section 13.28: - Lot.

A parcel of land adequate for occupancy by a use herein permitted, providing the yards, area, and off-street parking herein required and fronting directly upon a street.

Section 13.29: - Lot Width.

The width of a lot at the front yard line.

Section 13.30: - Main Building.

The building occupied by the primary use.

Section 13.31: - Masonry. (Added 7-10-06)

Masonry material shall completely consist of brick, stone brick veneer, stucco, custom treated tilt wall, decorative or textured concrete block, and split face block.

Section 13.32: - Manufactured Homes District. (Amended 7-10-06)

A parcel of land under single ownership which has been planned and improved for the placement of manufactured homes for single family non-transient occupancy.

Section 13.33: - Medical Clinic. (Added 5-11-09)

A building, structure or portion thereof where persons receive outpatient medical examinations, treatments and/or procedures from licensed practitioners. This definition shall include doctor's and dentist's offices, chiropractic offices, dialysis centers, blood laboratories, blood centers, and the offices of any other licensed and/or certified health care providers.

Section 13.34: - Motel. (Renumbered 5-11-09)

An inn or group of cabins designed for occupancy by paying guests.

Section 13.35: - Office Building. (Renumbered 5-11-09)

A building designed for or used as the offices of professional, commercial, industrial religious, public or semi-public persons or organizations provided that no goods, wares, or merchandise shall be prepared or sold on this premises.

Section 13.36: - Outpatient. (Added 5-11-09)

Any medical examination, treatment, and/or procedure which does not require an overnight stay.

Section 13.37: - Parking Lot. (Renumbered 5-11-09)

Any parcel of land, other than public property or a public right-of-way, intended for use or used to park or store, for any length of time, any type of vehicle or watercraft. Provided, however, that driveways, garages, carports and parking areas, for the exclusive use of the residents' guests or visitors at such occupied dwelling, shall not be considered a parking lot as defined herein.

Section 13.38: - Parking Space. (Renumbered 5-11-09)

An area on a lot sufficient in size to store one automobile (not less than nine feet wide and twenty (20) feet long) connected to a public street or alley by a driveway not less than ten (10) feet wide and so arranged as to permit ingress and egress of the automobiles at all times without moving any other automobile parked adjacent to the parking space. The parking space and connecting driveways shall be paved with asphalt, paving stone, brick, or concrete.

Section 3.39: - Planned Unit Development. (Renumbered 5-11-09)

An area of land controlled by a land owner, such area to provide for development incorporating a single or a variety of residential and related uses which are planned and developed as a unit.

Section 13.40: - Premises. (Renumbered 5-11-09)

Land together with any buildings or structures occupying it.

Section 13.41: - Private Garage. (Renumbered 5-11-09)

An accessory building housing vehicles owned and used by occupants of the main building. Where vehicles used by persons other than occupants are housed, the building is a storage garage.

Section 13.42: - Public Building. (Renumbered 5-11-09)

The term "public building" shall mean any building owned or used exclusively by the City, County, State or Federal Government.

Section 13.43: - Separate Tract. (Renumbered 5-11-09)

A parcel of land or a group of contiguous parcels of land under one ownership on the effective date of this Ordinance.

Section 13.44: - Sign. (Renumbered 5-11-09)

Any outdoor advertising that is a structure or that is attached to or painted on a building or that is leaned against a structure or displayed on a premises.

Section 13.45: - Story. (Renumbered 5-11-09)

The part of a building from one floor to the next floor above or the ceiling above if there is no floor above.

Section 13.46: - Street. (Renumbered 5-11-09)

Property dedicated for and accepted by the City of Woodway for primary public access to lots.

Section 13.47: - Structural Alteration. (Renumbered 5-11-09)

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

Section 13.48: - Structure. (Renumbered 5-11-09)

Anything built that requires a permanent location.

Section 13.49: - Trailer. (Renumbered 5-11-09)

A vehicle equipped for use as a dwelling and designed to be hauled along a highway.

Section 13.50: - Trailer Park. (Renumbered 5-11-09)

A parcel of land under single ownership which has been planned and improved for transient use by travel trailers, pick-up coaches, motor homes or camping trailers.

Section 13.51: - Yard. (Amended 7-10-06, Renumbered 5-11-09)

An open space on the same lot as a building except as provided herein it is unoccupied and unobstructed by a structure. Yard width or depth is the shortest horizontal distance from a lot line to the main building.

13.5101: Front yard. The area from one side lot line to the other side lot line and between the main building and the street on which the lot fronts.

On corner lots (lots abutting on two or more streets at their intersections) the front yard shall face the shortest street dimension of the lot except that if the lot is square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.

13.5102: Rear Yard. The area from one side lot line to the other side lot line and from the main building to the rear lot line. The rear yard is always on the opposite end of the lot from the front yard.

13.5103: Side Yard. The area from the front yard line to the rear yard line and from the main building to a side lot line.

Section 13.52: - Shipping container. ()

A shipping container shall include, but is not limited to, standardized reusable vessels that were:

(1)

Originally designed and constructed with the intent, purpose, or ability for use in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities; and/or

(2)

Originally designed for or capable of being mounted or moved by rail, truck, or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "cargo containers," "transport containers," and "portable site storage containers" (sometimes known as "PODS") having a similar appearance to and similar characteristics of shipping containers.