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Section 4 Definitions SECTION 4 DEFINITIONS (As amended by Ordinance No. 480-QQ) 4.1 INTERPRETATIONS OF CERTAIN WORDS AND PHRASES - For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows: a. The word person includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. b. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. c. The word shall is mandatory, the word may is permissive. d. The word used or occupied includes the words intended, designed, or arranged to be used or occupied. e. The word lot includes the words plot, parcel, or tract of land. f. The word building includes the word structure. 4.2 DEFINITIONS - For the purposes of this ordinance, the following definitions shall apply: ABUTTING, ADJACENT, ADJOINING - Contiguous or sharing a common border or boundary with other property. Abutting, adjacent and adjoining shall include property immediately across an alley but shall not include property across a street. ACCESSORY BUILDING OR USE - A subordinate building having a use customarily incidental to and located on the same lot occupied by the main building; or a use customarily incidental to the main or principal use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building. ADMINISTRATIVE OFFICIAL - The official, or his designee, appointed by the City Manager to enforce and administer the terms of this Ordinance. (As amended by Ord. No. 480-FF) ALL WEATHER SURFACE - A dust free surface constructed of cement, asphalt, brick or other commonly accepted pavement which may be approved by the Administrative Official. ALLEY - A public minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street or highway. 4-1 ANSI STANDARD - The most recently adopted ANSI C-95.1 standard of the American National Standards Institute which establishes guidelines for human exposure to non- ionizing electromagnetic radiation (“NIER”). (As amended by Ordinance No. 480-W.) ANTENNA - Any apparatus, external to, or attached to the exterior of a building, together with any supporting structure for sending or receiving electromagnetic waves. (As amended by Ord. No. 480-J.) APARTMENT - A room or suite of rooms in a multiple family structure arranged, designed, or occupied as a dwelling unit residence by a single family, individual, or group of individuals. APARTMENT HOTEL - Any building larger than an apartment house designed or built to be occupied as a series of separate apartments and by persons living independently of each other. AUTOMOBILE SALES AREA - An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and where no dismantling of cars or sale or keeping of used car parts or junk on the premises is done. AUTOMOBILE WRECKING YARDS - Any establishment maintained, used or operated for the storing, keeping, dismantling, buying or selling of wrecked automobiles as defined in this ordinance under the definition of "Junk." BACKHAUL PROVIDER - The owner of a wire network (i.e., the cable company, electric company, the telephone company) utilized in connecting the various cell sites to telephone switching offices, long distance providers, or the public switched telephone network. (As amended by Ordinance No. 480-W.) 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 be counted as a story in computing building height. BLOCK - An area enclosed by streets, or, if said word is used as a term of measurement, it shall mean the distance along a side of a street between two intersecting streets; or if the street is of a dead-end type, a block shall be considered to be measured between the nearest intersecting street an the end of such dead-end street. In cases where platting is incomplete or disconnected, the Administrative Official shall determine the outline of the block. BOARD - The Zoning Board of Adjustment, as established in Section 44 of this ordinance. 4-2 BOARDING HOUSE - A building other than a hotel where lodging and meals for five or more persons are served for compensation (also known as rooming houses). BREEZEWAY - A covered passage one story in height and six (6) feet or more in width connecting a main structure and an accessory building. A breezeway shall be considered an accessory building. BUILDABLE AREA - The portion of a lot remaining after required yards have been provided. BUILDING - Any structure built for the support, shelter and/or 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. BUILDING LINE - Front: A line parallel or approximately parallel to the street right of way line at a specific distance therefrom marking the minimum distance from the street right of way line that a building may be erected. Side: A similar line parallel to the side lot line (see drawings on pp. 4-19 and 4-20. BUILDING PERMIT - An official document or certificate issued by the City of Southlake authorizing erection, construction, renovation, maintenance, or any other specified activity on any building, structure or land, or on any installations or facilities therein. The term "building permit" shall include but not be limited to building permits, electrical permits, mechanical permits, and plumbing permits. BUSINESS - Includes local retail, commercial, industrial and manufacturing uses and districts as herein defined. CARE FACILITY - An institutional use of a building or property whereby a publicly or privately funded program enables persons to receive medical, psychological, emotional or other rehabilitative care as an outpatient or live-in member. This definition does not include those institutional uses provided for elsewhere in this ordinance, nor does it include foster care programs or family homes. CARPORT - A permanent-roofed structure, attached to or detached from the principal structure which provides space for the parking and storage of motor vehicles (as provided for in this ordinance). (As amended by Ordinance No. 480-II.) 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. 4-3 CERTIFICATE OF OCCUPANCY - An official certificate issued by the City through the Administrative Official which indicates conformance with building, zoning and health and safety regulations and authorizes legal use and occupancy of the premises for which it is issued. CHIEF OF POLICE - The chief of police of the City of Southlake, Texas, or his duly authorized representative. CITY HEALTH OFFICER - The city health officer of the City of Southlake, Texas, or his duly authorized representative. CITY COUNCIL or COUNCIL - The governing body of the City of Southlake, Texas. CLEAN REVIEW - An application review which complies with the requirements of all applicable City ordinances, with the exception of requirements for which a variance is requested, if any, and a limited number of minor revisions as set forth and defined in the most current submittal policies. For purposes of administrative processing of applications, the Administrative Official may adopt procedures and policies, including the number of minor revisions permitted. (As amended by Ord. No. 480-FF) CLINIC - Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients. CLUSTER SUBDIVISION - A cluster subdivision is a grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land area than required for isolated individual lots, with the additional area being devoted to open space, recreation space, parking spaces and access facilities in addition to required yards. Cluster subdivisions are permitted only with site plan approval and only in conjunction with a Planned Development Zoning District. COLLECTOR STREET - As defined by the City's latest approved comprehensive plan. COMMISSION - The Planning and Zoning Commission, of the City of Southlake, Texas. COMMUNITY CENTER - A building dedicated to social or recreational activities, serving the City or a neighborhood and owned and operated by the City, or by a non- profit organization dedicated to promoting the health, safety, morals or general welfare of the City. COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Southlake, Texas, as adopted by the City Council of the City of Southlake. The Comprehensive Plan shall consist of a Land Use Plan, a Thoroughfare Plan, a Water System Plan, a Sanitary Sewer Plan, a Storm Drainage Plan, a Park System Plan, and such other plans as may be adopted from time to time by the City Council. 4-4 CONCEPT PLAN - An exhibit meeting the requirements of Section 41 of this Ordinance which is required to be submitted with zoning change requests in certain zoning districts. (As amended by Ordinance No. 480-M.) CONDOMINIUM - A multi-family dwelling facility within which designated units or apartments are conveyed by fee simple title, with an undivided interest in the building's common elements, to include, but not be limited to, halls, stairs, elevators, roofs, parking spaces, and the land. CONVALESCENT HOME - Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age. COURT - An open, unoccupied space, bounded on three (3) or more 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. DAY NURSERY - A facility, licensed by the State of Texas, for child care. DEVELOPMENT PLAN - An exhibit meeting the requirements of Section 40 of this Ordinance which is required to be submitted with zoning change requests in the Planned Unit Development District. (As amended by Ordinance No. 480-M.) DIRECTIONAL ANTENNA - A non-whip, panel or rectangular antenna used to achieve transmission or reception in a specific direction. (As amended by Ordinance No. 480-W.) DISH ANTENNA - Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial and/or orbitally based uses. (As amended by Ord. No. 480-J.) DISTRICT (ZONING) - A section of the City of Southlake for which the regulations governing the use, area, height, and other development of land and buildings are uniform for each type and class of structure or use. DONATION BIN - A bin or similar structure used for the collection of clothes or non- perishable food items. DRIVE-IN RESTAURANT OR REFRESHMENT STAND - Any establishment where prepared foods, meals, or beverages are dispensed for consumption outside the building. DWELLING, SINGLE FAMILY - A detached building arranged, intended or designed for occupancy by one family. DWELLING, TWO-FAMILY - A detached or semi-detached building arranged, intended, or designed for occupancy by two families. 4-5 DWELLING, MULTIPLE FAMILY - A building or portion thereof arranged, intended or designated for occupancy by three or more families, including, but not limited to, apartments, condominiums and townhouses. DWELLING UNIT - A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family and including facilities for food preparation and sleeping. EFFICIENCY APARTMENT - An apartment having a combination living and bedroom (no separate bedroom). EIA-222 - Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna towers and Antenna Support Structures.” (As amended by Ordinance No. 480-W.) EMERGENCY ACCESS EASEMENT - An area other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of providing free passage of service and emergency vehicles. FAMILY - One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) unrelated persons (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit, cost-sharing basis. FAMILY HOME - A community-based residential home containing not more than six (6) disabled persons and two (2) supervisory personnel, and which otherwise meets the requirements of the Community Homes for Disabled Persons Location Act, article 1011n, Tex. Rev. Civ. Stat. Ann. FENCE - Any construction or hedge greater than thirty (30) inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and restraining walls for the purpose of diverting water and retaining soil are not classified as a fence. FLOOD PLAIN - An area identified by the Federal Emergency Management Agency as possibly being flood-prone, or below the immediate flood line (100-year flood plain). The issuance of building permits for construction of any structure within such flood plain is regulated by a specific ordinance governing the safeguards, preventive actions against flooding, types of uses permitted in flood-prone areas, etc. FLOOR AREA - The total (net) usable square footage of floor space within the interior wall of a building or room including each floor level, but excluding cellars, mechanical rooms, attics, carports or garages that are not designed for residential or business occupancy. 4-6 FORMAL SUBMITTAL - An application which meets the requirements of all applicable City ordinances, except for those items for which a variance is sought, and is deemed by the Administrative Official to have a clean review as defined herein. (As amended by Ord. No. 480-FF) FRONT YARD - See "YARD, FRONT." FRONTAGE - On interior lots, the front of a lot shall be construed as the portion nearest the street. On corner lots, the front of a lot shall be construed as the shortest boundary adjacent to a street. If the lot has equal frontage on two (2) or more streets, frontage shall be construed in accordance with the prevailing building pattern, or the prevailing lotting pattern if a building pattern has not been established, at the option of the applicant. On reversed frontage corner lots, the front of the lot shall be construed as the shortest boundary adjacent to a street; provided, however, that if the shortest boundary adjacent to a street is eighty (80) percent or more of the length of the longest boundary adjacent to a street, the applicant may select either frontage for the full depth front yard required, if lot width requirements for the district are met. On through lots, all portions adjacent to streets shall be considered in establishing frontage for regulatory purposes. If the Administrative Official finds that the pattern of lots and/or the pattern of required yards on lots adjacent to portions of the through lot is such as to justify a requirement that more than one frontage be provided on the lot, such additional frontage shall be required. GARAGE, MULTI-LEVEL PARKING (NON-RESIDENTIAL) – A structure, attached to or detached from the principal structure, having two or more levels, and being used primarily for the parking and storage of motor vehicles (as provided for in this ordinance) for which a fee may be charged by the owner or operator of such structure. (As amended by Ordinance No. 480-II.) GARAGE, PRIVATE (RESIDENTIAL) - An enclosed accessory building for storage only of motor vehicles, boats, travel trailers, and household goods owned and used by the owners or tenants of the premises. GARAGE, PUBLIC - A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes. GARAGE, SINGLE-LEVEL PARKING (NON-RESIDENTIAL) – An accessory structure, attached to or detached from the principal structure, being fully enclosed with a door, and used primarily for the parking and storage of motor vehicles (as provided for in this ordinance). (As amended by Ordinance No. 480-II.) 4-7 GARAGE SALES - Occasional sales (garage sales and patio sales only) at retail, not to exceed two (2) in number on the same premises in any one calendar year, by a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling such property at retail; provided that (1) the sale shall be confined to the garage and/or patio of the premises; (2) no new merchandise acquired solely for the purpose of resale on the premises shall be sold at such occasional sale; (3) the duration of each such sale shall not exceed three (3) consecutive calendar days; (4) a permit shall be secured at least 72 hours prior to and shall be prominently posted on such premises during such sale; (5) the permit fee amount shall be as established by the City Council; (6) only one sign shall be permitted, not to exceed two (2) square feet in area, upon the premises where and when the sale is taking place. All other signs relating to the sale, either on or off the premises, shall meet the requirements of all sign regulations adopted by the City. GARAGE, STORAGE (PARKING) - A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing. GRADES a. For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street; b. For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street; c. For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Administrative Official shall establish such a sidewalk level or its equivalent for the purpose of these regulations. GROUND MOUNTED ANTENNA - Any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. (As amended by Ord. No. 480-J.) GUYED TOWER - A freestanding tower which requires the use of flexible guying cables or wires as the only or principle means of resisting the designed tower loads. (As amended by Ordinance No. 480-W.) HEIGHT OF BUILDING - The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 4-8 1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building (U.B.C. '91 Edition). (As amended by Ordinance No. 480-D.) HEIGHT OF TELECOMMUNICATIONS TOWERS - The vertical distance measured from ground level to the highest point of the tower, including any attached antennas. (As amended by Ordinance No. 480-W.) HEIGHT OF YARD OR COURT - The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall. HOME HOBBY SHOP - An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall be a nuisance and from which no revenue may be derived, and in which no goods are offered or advertised for sale, nor may any sign be used in connection therewith. HOME OCCUPATION - An occupation wholly within a dwelling unit provided that: a. No person other than members of the family residing on the premises shall be engaged in such occupation. b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building; d. No home occupation shall be conducted in any accessory building; e. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; 4-9 f. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; g. Home occupation uses shall not include beauty culture schools, barber and beauty shops, medical or chiropractic offices, or other uses of a similar nature and character. HOTEL OR MOTEL - A building or arrangement of buildings designed and occupied as temporary quarters for individuals who are lodged with or without meals, in which the rooms are usually occupied single for hire, and in which there are no provisions for cooking in individual rooms. HOUSING UNIT - A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and shall contain separate bathroom facilities and may contain separate kitchen facilities. (As amended by Ordinance No. 480-Y.) IEEE STANDARD - The most recently adopted “IEEE (Institute of Electrical and Electronic Engineer) Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 Ghz” which establishes guidelines for human exposure to non-ionizing electromagnetic radiation (“NIER”). (As amended by Ordinance No. 480-W.) IMPERVIOUS COVERAGE - The combined area occupied by all principal and accessory buildings, structures, and paved parking, sidewalks, and driveway areas. (As amended by Ordinance No. 480-Y.) INDUSTRIALIZED BUILDING OR MODULAR BUILDING - A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. (or as amended under Texas Industrialized Housing and Building Act, Texas Civil Statutes, Article 5221f-1) (as amended by Ord. 480-QQ) INDUSTRIALIZED HOUSING OR MODULAR HOUSING – A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a 4-10 location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean or apply to (i) housing constructed of sectional or panelized systems not using modular components; or (ii) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. (or as amended under Texas Industrialized Housing and Building Act, Texas Civil Statutes, Article 5221f-1). (as amended by Ord. 480-QQ) JUNK - Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, or scrap zinc and all other scrap metals and their alloys, and bones, rags, used clothes, used rubber, used rope, used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition and subject to being dismantled for junk. KENNEL - A commercial establishment (with indoor and/or outdoor pens and runs) in which dogs, cats, or domesticated animals are housed, boarded, groomed, bred, trained, or sold all for a fee or compensation. (As amended by Ordinance No. 480-C.) (As further amended by Ordinance No. 480-W.) KINDERGARTEN - A school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. LANDSCAPE ADMINISTRATOR – The City Manager or his designee. (As amended by Ordinance No. 480-JJ.) LATTICE TOWER - A freestanding, open frame tower either rectangular, square or triangular in shape at the base. (As amended by Ordinance No. 480-W.) LDN (DAY-NIGHT AVERAGE SOUND LEVEL) - The A-weighted average sound level in decibels (re: 20 micropascals) during a 24-hour period (or specific multiple thereof, such as a year) with a 10-decibel weighing applied to night time sound levels (2200-0700). LEQ - An average of the energy of the fluctuating sound during a specified period. The period may be of any length, and should be indicated. For example, Leq (0600 - 2100). LOADING SPACE, OFF-STREET - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking places are filled. Required off-street 4-11 loading space is not to be included as off-street parking space in computation of required off-street parking space. LOT - A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required, and having frontage on an approved public or private street. A lot may consist of a parcel of land designated as a lot on a plat filed in the County Plat Records. (As amended by Ordinance No. 480-D.) 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. LOT FRONTAGE - The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage yards, and yards shall be provided as indicated under YARDS in this Section. LOT LINES - The lines bounding a lot as defined herein. LOT LINE, FRONT - The boundary line between a lot and the street on which it fronts. LOT LINE, REAR - The boundary line which is opposite and most distant from the front street line. In the case of uncertainty, the Administrative Official shall determine the rear lot line. LOT LINE, SIDE - Any lot boundary line not a front or rear line thereof. A side lot line may be a party lot line, a line bordering on an alley or place or side street line. LOT LINE, ZERO - A side lot line of a lot on which a structure or structures may be permitted to be constructed directly on a lot line; therefore, creating a side yard in which the width is zero. (As amended by Ordinance No. 480-U.) LOT MEASUREMENTS - See drawings on following two pages. a. Area of the lot shall be the area of the lot within the lot lines, expressed in square feet or acreage, including easements, and shall not include portions of any public street or alley. b. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear (the mean horizontal distance between the front and rear lot line). c. Width of a lot shall mean the distance between the side property lines measured at the front building line. (As amended by Ordinance No. 480-C.) 4-12 LOT TYPES - The diagram below illustrates terminology used herein with reference to regular, corner, interior, reversed frontage and through lots. In the diagram, A is a corner lot, defined as a lot located at the intersection of two (2) or more streets. A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot (projected if rounded) meet at an interior angle of less than one hundred thirty-five (135) degrees. (See lots marked A(1) in the diagram.) B is an interior lot, defined as a lot other than a corner lot, and abutting only one (1) street. (Alleys shall not be considered as streets for purposes of this definition.) C is a through lot, defined as a lot other than a corner lot, and with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double-frontage lots. (Alleys shall not be considered as streets for purposes of this definition.) D is a reversed frontage lot, defined as a lot on which the frontage is at right angles or approximately right angles (interior angles less the one hundred thirty-five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be in a corner lot (A- D in the diagram), an interior lot (B-D) or a through lot (C-D). MAIN (PRINCIPAL) BUILDING - The building or buildings on a lot which are occupied by the primary use. MANUFACTURED HOME, HUD-CODE - A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which, in the traveling mode, is eight (8) 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 with the appropriate label. The term does not include a recreational vehicle. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f) (as amended by Ord. 480-QQ) MANUFACTURED HOME PARK - A residential development where a parcel of land under single ownership has been planned and improved for the placement of multiple manufactured homes, and leased or rented for residential occupancy. (as amended by Ord. 480-QQ) MANUFACTURED HOME SUBDIVISION – A residential development in which a parcel of land divided into individual single-family residential lots, and sold for manufactured home residential structures. (as amended by Ord. 480-QQ) 4-13 MANUFACTURED HOUSING OR MANUFACTURED HOME - A HUD-code manufactured home or a mobile home and collectively means and refers to both (or as amended under Texas Manufactured Housing Standards Act) (as amended by Ord. 480- QQ) MANUFACTURED HOUSING, LABEL - A device or insignia issued by the director (of the manufactured housing division of the Texas Department of Housing and Community Affairs) to indicate compliance with the standards, rules, and regulations established by the United Stated Department of Housing and Urban Development (HUD), and is permanently affixed to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f) (as amended by Ord. 480-QQ) MASS GATHERING AREA - Any place maintained, operated, or used for a mass gathering event or assemblage. MASS GATHERING EVENT - A group of 200 or more persons assembled together for a meeting, festival, social gathering, entertainment, scheduled event or other similar event. MASSAGE - A process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians and chiropractors, and registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction, nor massage of the face practiced by beauty parlors or barber shops duly licensed under the penal code of the state. MINI WAREHOUSE - A totally enclosed facility involving one or more buildings and multiple individual units, the purpose of which is exclusively for the storage of goods. MINOR REVISIONS - Items such as labeling, spelling, or other items deemed to be minor by the Administrative Official. (As amended by Ord. No. 480-FF) Formatted: Highlight MOBILE HOME - A structure that was constructed before June 15, 1976, transportable in one or more section, which, in the traveling mode, is eight (8) 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 Formatted: Highlight or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f) (as amended by Ord. 480-QQ) MODULAR COMPONENT – A structural portion of any dwelling or building that is constructed at a location other than the home site in such a manner that its construction 4-14 cannot be adequately inspected for code compliance at a home site without damage or without removal of a part thereof and reconstruction. (as amended by Ord. 480-QQ) MOUNTED TELECOMMUNICATIONS ANTENNA - A telecommunications antenna that is part of a telecommunications system authorized by the Federal Communications Commission (“FCC”) and that is affixed to the roof or other portion of a structure. This definition may include ancillary building housing electronic and communications equipment. (As amended by Ordinance No. 480-W.) MONOPOLE TELECOMMUNICATIONS TOWER - A freestanding, single pole structure which utilizes its base as the only or primary means of resisting the designed tower loads and which supports a platform and antennas that are part of a telecommunications system authorized by the Federal Communications Commission (“FCC”). This definition may include an ancillary building housing electronic and communications equipment. (As amended by Ordinance No. 480-W.) NONCOMMERCIAL USE - Any use permitted in the "AG," "RE," "SF-1A," "SF-1B," "SF-30," "SF-20A," "SF-20B," "R-P.U.D.," "MF-1," "MF-2," and "MH" districts. (As amended by Ord. No. 480-J.) NONRESIDENTIAL USE - Any use permitted in the "O-1," "O-2," "C-1," "C-2," "C-3," "C-4," "B-1," "B-2," "I-1," "I-2," "HC," "CS," "S-P-1," "S-P-2," and "Nonresidential P.U.D." (As amended by Ord. No. 480-J.) NONCONFORMING USE - 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. OCCUPANCY - The use or intended use of land or buildings by proprietors or tenants. OFF-STREET - Off the right of way of a public street or place. OMNIDIRECTIONAL ANTENNA (also called whip antenna) - A dipole antenna of cylindrical shape which is no more than 6 inches in diameter which serves a 360-degree area. (As amended by Ordinance No. 480-W.) OPEN SPACE - An area of a lot either left in a natural state or receiving permeable vegetative landscape treatment (e.g., ponds and lakes, either natural or manmade, and water features, grass, shrubs, flowers, trees, ground cover, etc.). (As amended by Ordinance No. 480-Y.) OTHER TELECOMMUNICATIONS COMMUNICATION TOWER/ANTENNA - Any telecommunications communications tower or antenna that is part of a telecommunications system authorized by the Federal Communications Commission (“FCC”), but that is not covered by the definitions of mounted telecommunications 4-15 antenna or monopole telecommunications tower. (As amended by Ordinance No. 480- W.) OUTDOOR COMMERCIAL DISPLAYS – Outdoor display and/or sale of merchandise consisting only of products related to the merchandise offered for sale by the business within the main building structure on a lot. OUTDOOR SALES OR SERVICES – The offer or display for sale of any goods, wares, merchandise or services on private property separate and apart from the main building or at a location where there is no preexisting principal use. The goods, wares, merchandise or services offered for sale as outdoor sales or services are normally not offered for sale Formatted: Highlight in the main building on the lot or in association with the principal use. OUTSIDE STORAGE, ANCILLARY- Outside storage and display of goods, materials, merchandise and equipment, parts, junk or vehicles (overnight parking) that encompasses a square footage which does not exceed 100% of the floor area of the principle building. OUTSIDE STORAGE, PRIMARY- Outside storage and display of goods, materials, merchandise and equipment, parts, junk or vehicles (overnight parking) that encompasses Formatted: Highlight a square footage which exceeds 100% of the floor area of the principal building or outside storage and display of goods, materials, merchandise and equipment, parts, junk or vehicles used in conjunction with any use where no principal building is present. PARKING SPACE, OFF-STREET - For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more auto- mobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another. PARKING SPACE RATIO - The ratio of the parking spaces to one dwelling unit on the site. The total number of parking spaces is the minimum number of car spaces per dwelling unit for the district in which the site is located times the number of dwelling units. PARTY WALL - A common shared wall or abutting walls between two separate structures, buildings or dwelling units. (As amended by Ordinance No. 480-U.) PERMITTED USE - Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. PERSONAL CARE FACILITY - An establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services; and in addition, provides minor 4-16 treatment under the direction and supervision of the resident’s attending physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond basic provision of food, shelter, and laundry. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, transportation services, private or common kitchen/dining facilities, so long as such services are provided to residents only. (As amended by Ordinance No. 480-Y.) PLANNING AND ZONING COMMISSION - The agency appointed by the City Council as an advisory body to it and which is authorized to recommend changes in the zoning of property or the text of the Zoning Ordinance. PLAT - A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Southlake and subject to approval by the Planning and Zoning Commission. The plat must be prepared by a professional civil engineer registered in the State of Texas or a Public Surveyor registered in the State of Texas. Reference to a plat in this ordinance means an official plat of record which has been approved by the Planning and Zoning Commission and filed in the plat records of Tarrant County. PLATFORM - That portion of a monopole telecommunications tower that is located on top of the pole and that supports directional, transmitting, and receiving antennas. (As amended by Ordinance No. 480-W.) PLOT PLAN - A scaled drawing showing the property boundaries, proposed and existing structures and the distance to all property lines, and the appropriate yard setbacks. (As amended by Ordinance No. 480-D.) POLE MOUNTED ANTENNA - Any antenna with its base mounted to a pole which is supported by the ground or attached to the wall of a building. (As amended by Ord. No. 480-J.) PORTABLE BUILDING - A building which is preassembled off-site and designed to be moved from site to site. (As amended by Ordinance No. 480-A.) PREMISES - Land together with any buildings or structures occupying it. PRIVATE CLUB - A group of people associated with or formally organized for a common purpose, interest or pleasure, including organizations with facilities for the storage, sale, possession or serving of any alcoholic beverage permitted by the laws of the State of Texas, and where none of such facilities are available except to members or their guests. PRIVATE DRIVE (STREET OR PLACE) - An open, unoccupied space, other than a street or alley permanently established or reserved or dedicated in private ownership as the principal means of vehicular access to property abutting thereon. 4-17 PRIVATE PROPERTY – All property within the city except for property that is located within a public right-of-way or owned by a governmental agency. PROMOTER - A person who promotes a mass gathering event. In the event that no promoter exists, the owner or, in the event of his non-availability, the lessee of the ground encompassing the mass gathering area, shall be deemed to be the promoter. Formatted: Highlight PROMOTE - Includes organize, manage, finance or hold a mass gathering event. PROPAGATION MAP - A map of the general area showing the coverage offered by the provider’s existing towers/antennas and the projected coverage after the installation of the requested tower/antenna. (As amended by Ordinance No. 480-W.) Formatted: Highlight QUARRY OR MINING - The storage, display or sale of ore, clay, stone, gravel, topsoil, or similar materials. The process of quarrying, mining, dredging, removing, screening, crushing and/or washing shall be a use included in this definition. This definition does not include the storage, display or sale of such materials when the same is incidental to the operation of a use such as nurseries, hardware stores, etc., and which uses are already specifically provided for in specific district regulations otherwise in this ordinance. Formatted: Highlight RECREATIONAL VEHICLE - A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling, self-propelled or to be towed behind a motor vehicle without a special permit. REFUSE - All combustible or non-combustible putrescible or non-putrescible solid or liquid wastes. RESIDENCE - Same as a dwelling; also when used with the word District, an area of residential regulations. REVERSED FRONTAGE - Reversed frontage is a lot which has setback lines on both streets equal to the front setback line as required by the Zoning Ordinance unless such lots align back-to-back which would allow both lots to show a side yard setback along the side street. (As amended by Ordinance No. 480-C.) ROOF MOUNTED ANTENNA - Any antenna with its base mounted directly to the roof or any projection from the roof (i.e. chimney.) (As amended by Ord. No. 480-J.) ROOM - A building or portion of a building which is arranged, occupied or intended to be occupied as a living or sleeping quarters, but not including toilet or cooking facilities. ROOMING HOUSE - See "BOARDING HOUSE." 4-18 Formatted: Highlight SANITARY FACILITIES - Toilets, privies, lavatories, urinals, drinking fountains, and any service building or room provided for installation and use of these units. SANITARY LANDFILL - A site for the accumulation of refuse or other discardable materials which are to be covered over with soil and/or fill material. This definition shall Formatted: Highlight not be construed as and is separate from that of a Junk or Salvage Yard. SCREENING, OPAQUE (Type I) - A screen that is opaque from the ground to a height of at least 8' that excludes all visual contact between uses and creates a strong impression of visual and spatial separation. An opaque screen is impervious to the passage of light and may consist of a wall or fence. SCREENING, SEMI-OPAQUE (Type II) - Opaque from the ground to a height of at least 8' with intermittent visual obstruction that creates a strong impression of visual and spatial separation. A semi-opaque screen may be composed of a mesh material used in combination with a wrought iron fence, landscaped earth berm, planted vegetation, or existing vegetation. A semi-opaque screening device allows the passage of some light but obscures the material behind the screening device such that it is not prominently displayed. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. SCREENING, BROKEN (Type III) - A screen composed of intermittent visual obstructions from the ground to a height of at least 8'. The broken screen is intended to create the impression of separation of spaces without necessarily eliminating visual contact between the spaces. The screening portion may be opaque or semi-opaque and consist of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Obstructed portions of the screen shall be a minimum of 20' in length. Unobstructed openings shall not be more than 20' in length. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of subject species, or field observation of existing vegetation. SERVANTS AND FAMILY QUARTERS - An accessory building located on the same lot with the main building and used as living quarters by servants employed on the premises or by the family of the owner of the premises and not to be rented or otherwise used as a separate domicile. SETBACK - The minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch, and the street line. (Same as BUILDING LINE.) SIGN - Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein: 4-19 a. Signs not exceeding one square foot in area and bearing only property numbers, postal box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; b. Flags and insignia of any government except when displayed in connection with commercial promotion; c. Legal notices; identification, informational, or directional signs erected or required by governmental bodies; d. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights. e. Any sign otherwise allowed or permitted by a sign ordinance of the City, where such ordinance contains provisions inconsistent with this ordinance. In such instances, the sign ordinance shall be given effect over the terms of this ordinance. SITE-BUILT HOME – A residential structure or building that is constructed on a permanent foundation and of components assembled entirely at the permanent home site. Site-built homes meet all applicable state and local building codes. (as amended by Ord. 480-QQ) SITE PLAN - An exhibit meeting the requirements of Section 40 of this Ordinance which is required to be submitted prior to the issuance of a building permit or with zoning change requests in certain zoning districts. (As amended by Ordinance No. 480-M.) SPECIAL EXCEPTION - A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision for special exception is made in this Zoning Ordinance, and if such special exception is approved by the Board of Adjustment. SPECIFIC USE PERMIT - A permit recommended by the Planning and Zoning Commission and authorized by the City Council for the use of land or structures in accordance to the provisions in Section 45. (As amended by Ordinance No. 480-C.) STORY - That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the adjoining ground level. 4-20 STREET - A public way between two right-of-way lines, other than an alley or private drive, which has been dedicated or deeded to the public and accepted by the City for public use and affords a principal means of access (vehicular or otherwise) to property abutting thereon, as well as for utilities and sidewalks. STREET LINE - The dividing line between the street and the abutting property. STRUCTURE - Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, struc- tures include buildings, mobile homes, walls, fences, billboards, and poster panels. STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by the City Building Code. THOROUGHFARE (OR COLLECTOR STREET) - As defined in the City's latest approved Comprehensive Plan. TOURIST HOME OR DUDE RANCH - A dwelling in which accommodations are provided or offered for transient or temporary guests for compensation. TOWNHOUSE - A single-family dwelling facility constructed in a series or group of units having common walls, each as a separate lot. TRACT - An unplatted parcel of land described by metes and bounds and typically recorded in the County deed records. (As amended by Ordinance No. 480-D.) TRAVEL TRAILER - A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by a passenger motor vehicle or other prime mover and not requiring a special permit for moving on the highway as contrasted to a mobile home. VARIANCE - A variance is a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in an unnecessary hardship. YARD, FRONT - A yard extending between side lot lines across the front of a lot adjoining a public street (see drawings on pages 4-21 and 4-22). In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front 4-21 yard of the depth required for second front yards in the district shall be provided on the other frontage. In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of the depth required for the second front yards in the district shall be provided on the other frontage. In the case of corner lots with more than two frontages, the Administrative Official shall determine the front yard requirements, subject to the following limitations: a. At least one front yard shall be provided having the full depth required generally in the district; b. No other front yard on such lot shall have less than the minimum required second front yard for corner lots. Depth of required front yards shall be measured at right angles to the front lot line. YARD, REAR - A yard extending across the rear of the lot between lot lines. In the case of through lots, there will be no rear yards, but only front and side yards. All other lots will have a rear yard. (See drawings on pg. 4-19 and 4-20.) Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. In cases where a rear lot line is not evident, or if evident but not parallel to the front building line, the minimum rear yard requirement shall be the distance from the rearmost point of the lot along a line from that point drawn perpendicular to a line drawn from the foremost points of the two side lot lines, providing that the rear yard is parallel to at least one lot line along the rear of the lot. YARD, SIDE - A yard extending from the rear line of the required front yard to the front of the required rear yard, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of the two required front yards. (See drawings on pp. 4-19 and 4-20.) Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. ZONING MAP (OFFICIAL) - 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. 4-22 4-23 4-24