§ 40-2. Definitions
(a) Generally. For the purpose of this chapter, certain terms and words are hereby defined; terms not defined in this section shall be construed in accordance with adopted building codes or customary usage and meaning.
(b) Specifically. Where necessary for a reasonable construction of this chapter, words used in the present tense shall include the future; the singular number shall include the future; the singular number shall include the plural and the plural the singular. The term "building" shall include the term "structure"; the term "shall" is mandatory and not directive; the term "lot" includes the term "plot."
Accessory buildings and uses means a subordinate building or portion of the main building, the use of which is incidental to that of the dominate use of the main building or land, including bona fide servants quarters.
Accessory structure means a detached, subordinate structure, the use of which is clearly incidental to the principle structure and use of the land.
Apartment house and apartments mean a building, or portion thereof, which is designed or occupied as the home or residence of more than two families living independently of each other and doing their own cooking in the said building, and shall include flats and other multifamily dwellings.
Bed and breakfast means a family residence where rooms are rented to transient guests on an overnight basis, serving primarily breakfast to those particular guests.
Board means the board of adjustment of the city.
Boardinghouse means a building other than a hotel, where lodging or meals for five or more persons are served for compensation.
Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind.
Building area means the total area enclosed by a line formed by the outside surface of all walls at the foundation line.
Building height means the vertical distance from the highest point of the property to the highest point of the structure.
Building line means a line behind which all buildings must be built, such line generally parallel to the front, side or back line.
Building lot means a tract of land which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed or built upon as a unit, under single ownership or control. It shall front upon dedicated streets.
City means the City of Granite Shoals, Texas, a home-rule city.
Commercial recreation means buildings designed for, or occupied by, bowling alleys, health clubs, swimming pools, ice skating, billiards, indoor and outdoor theaters and other similar recreational activities operated as a commercial enterprise.
Condominium means a legal arrangement in which a dwelling unit in an apartment building or residential development is individually owned, but in which the common areas are owned, controlled and maintained through an organization of all individual owners.
Contractor means a person that contracts or subcontracts to perform work or provide services or supplies, including but not limited to, general contractor, road contractor, lath, plaster or masonry contractor, plumbing contractor, electrician, and truck hauling.
Contractor's yard means an area and/or building used to store equipment, trucks and motor vehicles, construction supplies, building equipment and raw materials customarily required in the construction trades of a contractor engaged in building or other construction businesses, including but not limited to plumbing, electrical, structural, finish, demolition, transportation, masonry, excavating or other construction work. The term "contractor's yard" may include an office that shares the site. Normal maintenance of equipment is allowed. The definition of a contractor's yard shall not apply to those instances where materials stored are to be used within 180 days for the improvement of a residence or business on the property where it is to be constructed.
Day nursery means an agency, organization or individual providing daytime care of six or more children not related by blood or marriage to, or not the legal wards or foster children of the attendant adult.
District means a zoning district which is a part of the city, wherein the regulations of this chapter are uniform.
Driveway means a private roadway to a parking space, garage, dwelling, or other structure or to individual lots and located entirely within the property owner's property.
Driveway approach means that portion of a driveway that extends from the property line to the primary road surface, which should include the approved drainage culvert.
Dwelling means a building or portion thereof, designed and used exclusively for residential occupancy, including single-family, two-family and multifamily dwellings, but not including hotels, motels, lodginghouses, campers or camp trailers, or any vehicle or portable structure having no permanent foundation other than wheels, jacks or skirts.
Dwelling, multifamily, means a building or portion thereof constructed for the occupancy of two or more families living independently of one another, and doing their own cooking in the building.
Dwelling, single-family, means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking and eating.
Enclosed storage means area surrounded by a solid fence or wall to a height of six or more feet which effectively screens the contents from view and protects from the spread of fire and vandalism.
Fences means barriers of posts, wire, rails, etc., used as a boundary or means of protection or confinement.
Firewall means a masonry wall, eight inches or more in width, which is continuous from foundation through the roof and is without openings other than fire proof doors.
Fueling station means a facility where fuels for motor vehicles, powered watercraft and motorized equipment are sold and dispensed at retail. Such fuels may include, but are not be limited to, gasoline, E85 and other ethanol blends, diesel, biodiesel, compressed gases, and other motor fuels. Fueling stations may also sell fuel additives and lubricants, but maintenance/repair services are prohibited.
Hotel means a building in which lodging or boarding and lodging are provided for more than 20 persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours.
HUD-Code manufactured home means a structure constructed on or after June 15, 1976, according to the rules of HUD, 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 CFR 3282.8(g).
Loading space means an off-street space for the parking of a vehicle while loading or unloading merchandise or materials.
Lodginghouse means a building, other than a hotel, where lodging without meals for five or more persons is provided for compensation.
Lot means a tract or parcel of land on which a building of primary use may be built along with an accessory building incident to it, having a frontage on a dedicated street.
Lot, corner, means a lot situated at the intersection of two streets.
Lot, interior, means a lot other than a corner lot.
Lot line, front, means that boundary of a building lot which is also the line of an existing or dedicated street Upon corner lots, either street line may be selected as the front lot line provided a front and rear yard are established adjacent and opposite, respectively to the front lot line.
Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk; or a parcel of land, the deed of which was recorded in the office of the county clerk.
Lot, through, means a lot other than a corner lot, with frontage on two streets. On a through lot, both street lines shall be deemed front lot lines. Two back to back corner lots may be a through lot.
Marina means any structure or combination of structures designed for the mooring of boats, a marine fuel facility, and the sale of related merchandise allowed within the General Business One District, GBI. Sale of alcoholic beverages may be applicable.
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 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.
Motel means a building or a group of buildings which contains living or sleeping accommodations used primarily to serve each living or sleeping unit.
Nonconforming building means any building or part thereof lawfully existing or occupied at the effective date of the ordinance from which this chapter is derived which does not comply with the regulations of the zoning district in which it is located.
Nonconforming use means any use lawfully existing after the passage of this chapter, which does not comply with the regulations of the zoning district in which it is located.
Parking space, private. See section 40-16.
Parking space, public. See section 40-16.
Paved areas means an area surfaced with asphalt, concrete or similar all weather surface. See section 40-16(d)(1).
Person means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors and/or assigns, or the agent of any of the aforesaid.
Planning and zoning commission means the planning and zoning commission of the city.
Privacy fence means a fence constructed of wood slats, chainlink with slats, masonry or similar material, and so constructed and maintained as to virtually prevent vision through it.
Public use means any use controlled by the city, county, state, federal or any other governmental entity or agency.
Public utility means an organization supplying but not limited to water, electricity, transportation, sewage treatment and disposal, solid waste collection and disposal.
Repair facility 1 means a facility that may sell at retail motor fuels as identified above, and may sell and/or install some/all of the following repair/replacement products for motor vehicles, powered watercraft and motorized equipment:
(1) Tires, wheels, brakes, batteries, exhaust and suspension parts;
(2) Accessory parts;
(3) Lubricant and filter changes.
Repair facility 2 means a facility that in addition to some/all of the services provided by level one repair facilities, provides repair and replacement services on drive trains for motor vehicles, powered watercraft and motorized equipment. This may include, but is not limited to, engine, transmission, and differential repairs, overhauls and replacement. Sales of motor fuels are prohibited. Sales of lubricants are permitted only to the extent required to complete repairs.
Resort complex means a commercial enterprise located on acreage with appropriate landscaping and green space. It may have the following facilities located within its borders; lodging, conference centers, dining and bar facilities, swimming pools, marinas, tennis courts and service/support buildings.
Restaurants and bars mean a retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.
Signs means any device or surface on which letters illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and used for advertising purposes. Sign regulations are located in section 40-24.
Site plan means a plan to scale, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, sewer and water lines, building sites, reserved open space, buildings, major landscape features, both natural and manmade and the locations of proposed utility lines.
Street means a right-of way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:
(1) Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the city, and including freeways or highways leading to other communities.
(2) Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.
(3) Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property.
(4) Private streets are streets which are owned and maintained by an individual or group of individuals and are not dedicated to the public.
Structurally altered means any addition or repair to any building which changes its basic structure, size, shape or outward appearance, or changes the plumbing, wiring or sewer connections of the building.
Texas industrialized housing means building structures bearing a decal with white background, blue star, blue lettering, two inches by four inches. The insignia decal bears blue border and lettering and state map outlined in red. These structures are manufactured to meet requirements as set forth in the Texas Industrialized Housing and Buildings Act, Texas Civil Statutes 5221F-1, chapter 70, rules and regulations, and Texas Department of Licensing and Regulation, Texas Civil Statutes, article 9100, do meet the requirements of an R-1 single-family residence for zoning purposes.
Texas manufactured housing means structures bearing a red Housing and Urban Development Seal, and/or manufactured as set forth by the Texas Manufactured Housing Act, Texas Civil Statutes, article 5221F, and Administrative Rules, and Texas Department of Licensing and Regulation, Texas Civil Statutes, article 9100, are mobile homes and do not meet the requirements of an R-1 single-family residence for zoning purposes.
The Texas Industrialized Housing and Buildings Act means Texas Civil Statues 5221F, chapter 70, rules and regulations, and state department of licensing and regulation, Texas Civil Statutes article 9100 are incorporated into the ordinance from which this chapter is deriver, as attachment A.
The Texas Manufactured Housing Act means Texas Civil Statutes, article 5221F, and administrative rules and state department of licensing and regulation, Texas Civil Statute, article 9100, is incorporated into the ordinance from which this chapter is deriver, as attachment B.
Vacation home rental means a dwelling unit (as defined in this section) intended for permanent occupancy that is occupied for transient use by any person other than the primary owner for any form of compensation and for a period of less than 27 consecutive days. The term "vacation home rental" does not include a bed and breakfast permitted and operated in accordance with this chapter.
Wholesale distributor means a distributor that sells motor fuels and lubricants at a wholesale level. No maintenance/repair services are provided.
Yard means an open space, on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided.
Yard, dominant side, means the widest side yard of a lot.
Yard, rear, means the part of the lot between a line projected the full width of a lot along the rear wall of the main building on said lot.
Yard, subordinate side, means the narrowest side yard of a lot.
(Ord. No. 409, § IV, 8-24-2004; Ord. No. 409-C, § II.A, 8-13-2008; Ord. No. 409-D, § 2.A, 6-22-2010; Ord. No. 409-E, § 2, 2-28-2012; Ord. No. 614, § II(B), 8-27-2013)