§ 17.04.050. Definitions.
For the purpose of this title, certain terms and words are defined in this section. Words used in the present tense include the future; words in the singular number include plural; and words in the plural number include the singular; the word "building" includes the word "structure." The word "shall" or the word "must" is mandatory and not directory; the term "used for" includes the meaning "designed for" or "intended for."
Accessory Building or Use.
1.
"Accessory buildings" means a subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this title) located on the same lot as the main building or principal use of the land.
2.
"Accessory dwelling unit" means a self-contained housing unit including provisions for living, sleeping, eating, cooking and sanitation within an accessory structure that is clearly subordinate to the main residential structure.
3.
"Accessory use" means one which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this title) on the same lot as the principal use of the premises. When "accessory" is used in the text it shall be the same meaning as "accessory use."
"Alley" means a public thoroughfare which customarily affords only a secondary means of access to abutting property.
"Bed and breakfast" is an accommodation offered by an inn, or especially a private residence home, consisting of a several rooms of which are set aside for overnight guests whose paid accommodations include breakfast.
"Board" means the board of adjustment established in Chapter 17.08.
"Build" means to erect, convert, enlarge, reconstruct, or structurally alter a building or structure.
"Building" means any structure designed or built for the enclosure, support, shelter or protection of persons, animals, chattels or property. "Structure" means anything built that requires a permanent location.
"City" means an office or a group of 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.
"Commission" means the city planning commission.
"Common access route" means a private way which affords the principal means of access into the interior of the park and to the structures or lots therein.
"Council" means the city council.
"Dwelling" means:
1.
A building or portion thereof designed or used for residential occupancy, including one-family, two-family, or multiple-family dwellings, but not including boarding or lodging houses, hotels, motels, or trailers (as defined in this section).
2.
"Dwelling unit" means any building constructed on-site as a permanent improvement to a legal lot and which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for six or less persons.
"Dwelling, duplex" means any building constructed on-site as a permanent improvement to a legal lot that is designed or arranged to be occupied by two families living independently, the structure having only two units each containing living facilities, including provisions for sleeping, eating, cooking and sanitation.
Dwelling, Multiple-Family. "Multiple-family dwelling" means a dwelling designed, arranged or used exclusively for the use and occupancy of three or more families living independently of each other. The dwelling structure may include a triplex, apartment, townhouse, condominium, cooperative or high-rise.
Dwelling, One-Family. "One-family dwelling" means a dwelling designed and arranged exclusively for the use and occupancy of one family.
"Dwelling, single-family" means a building designed for single family occupancy and constructed on-site as a permanent improvement to a legal lot.
Dwelling, Two-Family. "Two-family dwelling" means a dwelling designed, arranged, or used exclusively for the use and occupancy of two families living independently of each other.
"Family" means a person or persons, occupying a dwelling, living together and maintaining a common household, of which not more than four may be boarders or roomers.
"Filling station" (same as "automobile service station") means any building, structure, or land use for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair, or spray painting.
"Floor area" means the square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches or garages.
"Frontage" means:
1.
"Street frontage" means all of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
2.
"Lot frontage" means the distance for which the front boundary line of the lot and the street line are coincident.
Garage, Private. "Private garage" means an accessory building for storage only of motor vehicles.
Garage, Storage. "Storage garage" means a building or portion thereof designed or used exclusively for storage of motor-driven vehicles, and at which motor fuels and oils may be sold without exterior advertising, and where motor-driven vehicles are not equipped, repaired, hired or sold.
"Guns, firearms and/or gunsmithing" means the activity of repairing, refinishing, modifying and/or customizing a gun and/or firearm of any type but not for the purpose of sale, resale or trade.
"Historic Preservation Design Guidelines" refers to the Design Standards and Guidelines for the Historic Districts within the City of Uvalde, Texas, as adopted and approved by the HPB, the commission and the council.
"Historic Preservation Overlay Districts." Areas designated as "H" historic preservation overlay districts, as provided by section 18.01.050 hereof and shown accordingly on the zoning map for the city, shall be subject to the regulations of the historic preservation design guidelines and chapter 18.01, historic preservation ordinance, which are intended to further the purposes of the "H" historic preservation overlay district.
"HPB" means the historic preservation board as authorized by chapter 18.01, historic preservation.
"Home occupations" means any occupation or activity which is clearly incidental, and secondary to the use of the premises for dwelling purposes by a member of a family residing on the premises, in connection with which there is no advertising other than an identification sign of not more than two square feet in area placed flat against the building and no other display or storage of materials, or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation or variation from the residential character of the building; and in connection with which not more than one person outside the family is employed and no equipment used which creates noise, vibration, smoke, dust, odors, heat or glare, any of which is offensive to persons of ordinary sensibility in the neighborhood. When within the above requirements, a "home occupation" includes the following:
1.
Art studio;
2.
Dressmaking;
3.
Professional office of a doctor, physician, dentist, lawyer, engineer, architect, accountant, salesperson, real estate agent, insurance agent;
4.
Teaching with musical instruction limited to one or two pupils at a time;
However, a home occupation shall not be interpreted to include barbershops, beauty parlors, restaurants, or the conduct of a business involving retail sales, but is intended to include only those personal services which are subordinate to the use of the premises as a dwelling.
"HUD-Code manufactured home" means a HUD-Code manufactured home as defined in Chapter 1201, Texas Occupations Code, as amended from time to time. Also referred to herein as a "HUD home."
"Industrialized housing" has the meaning given to it in Texas Occupations Code, Section 1202.002, or successor statute. Industrialized housing may include modular components.
"Loading space" means an area within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of fifteen (15) by forty (40) feet and a vertical clearance of at least fourteen (14) feet.
"Lodging or boarding house" means a building other than a hotel, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
"Lot" means 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.
"Lot depth" means the distance from the front street line to the rear line measured in the mean direction of the side lot lines.
Lot, Through. "Through lot" means an interior lot having frontages on two streets.
"Lot width" means the mean horizontal distance between side lines measured at right angles to the depth.
"Manufactured home" means a mobile home or a HUD-Code manufactured home as defined in Chapter 1201, Texas Occupations Codes, as amended from time to time.
"Manufactured home park" means a unified development for manufactured housing spaces arranged on a tract of land in compliance with the city's subdivision ordinance and this section, with the individual lots or parcels being held under a common ownership and rented or leased to the occupants. Unless specifically provided otherwise or context requires otherwise, reference to a "manufactured home park" in this section shall include "manufactured home subdivision."
"Manufactured home subdivision" means a unified development for manufactured housing spaces arranged on a tract of land in compliance with the city's subdivision ordinance and this section, with the individual lots or parcels being developed and sold to occupant owners.
"Mobile home" means a structure constructed before June 15, 1976; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet. The definition of mobile home includes the plumbing, heating, air conditioning, and electrical systems of the home. In the event of a conflict between the definition of "mobile home" in this section and the definition set forth in Chapter 1201, Texas Occupations Code, as amended from time to time, the Chapter 1201, Texas Occupations Code shall control.
"Mobile home park" means an area of land on which two or more mobile homes, being used for living purposes, occupy rental spaces.
"Mobile home subdivision" means a subdivision designed and intended for residential use, where residence is permitted in mobile homes, each being located on a separate lot. Such subdivision may retain a central management and may be operated as a condominium, retaining ownership of streets and common open spaces.
"Modular component" means a component of a structure as defined in Chapter 1202, Texas Occupations Code, as amended from time to time.
"Non-residential HUD-Code manufactured home" means a HUD-Code manufactured home as defined in Chapter 1201, Texas Occupations Code, as amended from time to time, which use shall be limited solely as a business or commercial office for a lawful business purpose and shall not be used as a dwelling or for any other residential purpose.
"Non-residential modular component" means a component of a structure as defined in Chapter 1202, Texas Occupations Code, as amended from time to time, which use shall be limited solely as a business or commercial office for a lawful business purpose and shall not be used as a dwelling or for any other residential purpose.
"Nonconforming use" means a building or premises existing legally at the time of the passage of the ordinance codified in this title which does not by reason of use conform to the use regulations of the district in which it is situated.
"Parking space" means an all-weather surfaced area not in a street or alley and having an area of not less than one hundred eighty (180) square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords satisfactory ingress and egress for automobiles.
"One-family dwelling" means a "dwelling unit" constructed on-site as a permanent improvement to a legal lot.
Pawn Shop/Second Hand Store.
1.
"Pawn shop" means an establishment where money is loaned on the security of pledged personal property and the personal property is left in the keeping of the establishment that loans the money and/or an establishment which purchases goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.
2.
"Second hand store" means an establishment where retail sales of primarily used or pre-owned items is also allowed, provided that the sale of such items complies with local, state and federal laws and regulations.
"Person" means an individual or a partnership, company, corporation, association, or other group, however organized.
"Premises" means land together with any building or structure occupying it.
"Sign" means any structure or part thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-directing device. A "sign" shall not include a similar structure or device located within a building except illuminated signs within show windows. A "sign" includes any billboard, but does not include the flag or pennant, or insignia of any nation or association of nations, or of any state, city, or of any charitable, educational, philanthropic, civic, or religious organization. A "sign" shall include all types of mobile signs in all cases where the principal use of the vehicle, trailer, or mobile structure containing or supporting such sign is for the purpose of advertising.
"Sign area" means that area within a line including the outer extremities of all letters, figures, characters and delineations or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon or a building or part thereof, shall not be included in the sign area.
"Street" means a public thoroughfare which affords the principal means of access to abutting property.
"Structure" means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to advertising signs, billboards and poster panels.
"Structural alterations" means any change in the supporting members of a building, including, but not limited to, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
"Trailer" means any of the following:
1.
"Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses.
2.
"Pickup coach" means a structure designed to be mounted on a chassis for use as a temporary dwelling for travel, recreational and vacation uses.
3.
"Motor home" means a portable, temporary dwelling to be used for travel, recreational and vacation uses, constructed as an integral part of a self-propelled vehicle.
4.
"Camping trailer" means a folding structure, mounted on wheels and designed to be used as a temporary dwelling for travel, recreational and vacation uses.
"Travel trailer park" means a parcel of land in which two or more spaces are occupied or intended for occupancy by trailers for transient dwelling purposes.
"Yard" means an open space other than a court, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
Yard, Front. "Front yard" means an open space, unoccupied by buildings across the full width of the lot extending from the front line of the building to the front street line of the lot.
Yard, Rear. "Rear yard" means an open space unoccupied, except by an accessory building or structure as hereinafter permitted, extending the full width of the lot between the principal building and the rear lot line. Where there is an alley, the depth of the rear yard may be considered to extend to the center line of the alley.
Yard, Side. "Side yard" means an open unoccupied space on the same lot with the building between the main building and the adjacent side of the lot, and extending entirely from the front yard to the rear yard thereof.
(Ord. No. 2018-06 , § 2, 4-24-2018; Ord. No. 2017-14 , § 2, 9-26-2017; Ord. No. 2015-14 , § 2, 10-27-2015; Ord. No. 2013-24, § 4, 12-3-2013; Ord. No. 2013-09, 6-25-2013; Ord. No. 2011-32, § 2, 10-25-2011; Ord. 99-09 § 1; Ord. 99-04 § 1; prior code Appx. B § 10.1)