Definitions.
In the interpretation of this chapter,
the following words and terms are to be used and interpreted as defined
hereinafter:
Accessory building.
A subordinate building, located on the same lot as the main
building, or a portion of the main building, the use of which is clearly
incidental to and customarily found in connection with the main building
or principal use of the land.
Accessory use.
A use which is clearly incidental to and customarily found
in connection with the principal use of the premises and which is
located on the same lot as the principal use.
Adult bookstore.
Any establishment which has as a substantial portion of its
stock in trade, books, magazines or periodicals that contain material
which, under the Penal Code of the state, may not be displayed or
sold to a minor unless such minor is accompanied by a consenting parent,
guardian or spouse.
Adult motion picture theater.
Any establishment in which motion pictures, slides or similar
photographic reproductions are shown and which regularly, under the
Penal Code of the state, excludes minors by virtue of age, unless
such minor is accompanied by a consenting parent, guardian, or spouse.
Apartment house.
Any building or portion thereof used as a multiple dwelling
for the purpose of providing three (3) or more separate dwelling units
which may share means of egress and other essential facilities.
Brewpub.
A retail establishment that manufactures, brews, bottles,
cans, packages and labels malt liquor, ale and beer for sale or offer
without charge, on the premises of the brewpub, to ultimate consumers
for consumption on or off those premises, malt liquor, ale or beer
produced by the holder, in or from a lawful container, to the extent
the sales or offers are allowed under the holder’s other permits
and licenses and where food is sold on the premises of the brewpub
as an accessory use.
Building.
Any structure built for the support, shelter and enclosure
of persons, animals, chattels or movable property of any kind.
Building height.
The vertical distance from the average contact ground level
at the front wall of the building to the highest point of the coping
of a flat roof or to the deck line of a mansard roof, or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs.
Cemetery.
Land used or intended to be used for the interment of human
remains and dedicated for cemetery purposes, including crematories,
mausoleums, and mortuaries when operated in conjunction with and within
the boundary of such cemetery.
Certificate of occupancy.
An official certificate issued by the city through the enforcing
official which indicates conformance with the zoning regulations and
authorizes legal use of the premises for which it is issued.
City manager.
The chief administrative officer of the city, or his designee.
Cluster housing development.
A residential development containing attached or detached
units on a limited portion of land with the remaining land areas consolidated
into common open space areas.
Commission.
The “planning and zoning commission” of the city.
Community home.
A residential home for no more than six (6) disabled persons
and two (2) staff persons and meeting all of the requirements of Vernon’s
Code Annotated, Human Resources Code, chapter 123.
Comprehensive plan.
Graphic and textual form policies which govern the future
development of the city and which consists of various components governing
specific geographic areas and functions and services of the city.
Digital billboard.
An off-premises billboard displaying digital static images
controlled by electronic communications.
District or classification.
A section of the city within which regulations governing
the area or use of land and buildings apply under this chapter.
Dwelling, multiple-family.
Any building or portion thereof, which is designed, built,
rented, leased or intended to be occupied as three (3) or more dwelling
units or apartments and which includes facilities for food preparation
and sleeping.
Dwelling, single-family.
A detached building having accommodations for and occupied
by not more than one (1) family. Only one (1) single-family dwelling
shall be permitted as a primary use on a lot or parcel of land.
Dwelling, two-family.
A detached building having accommodations for and occupied
by not more than two (2) families. In calculating minimum lot area,
a two-family dwelling shall be considered to be two (2) dwelling units.
Dwelling unit.
A building or portion of a building which is arranged, occupied,
or intended to be occupied as living quarters for one family.
Family.
Any number of individuals living together as a single housekeeping
unit, in which not more than three (3) individuals are unrelated by
blood, marriage or adoption.
Floor area, gross.
The total floor space within the outside dimensions of a
building including each floor level.
Floor area, net.
The area actually occupied not including accessory unoccupied
areas such as corridors, stairs, closets, thickness of walls, columns,
toilet room, mechanical area or other features.
Garage sale.
Sale of used household or personal articles such as furniture,
tools, or clothing held on the seller’s premises. Yard sales,
sidewalk sales, rummage sales, estate sales and similar activities
are considered garage sales and are classified under Used Merchandise
Stores, SIC Group #593.
Group residential care facility.
Establishments primarily engaged in the provision of residential
social and personal care for persons with some limits on ability for
self-care, but where medical care is not a major element. These establishments
are listed in the U.S. Office of Management and Budget’s Standard
Industrial Classification (SIC) Manual as Industry, #8361.
Heliport.
Any area which is used, or intended for use, for the landing
and takeoff of helicopters, and any appurtenant area including buildings
or other facilities for activities such as refueling, parking, storage,
maintenance and repair of helicopters.
Helistop.
An area used, or intended for use, for the landing, boarding
and takeoff of helicopters, which does not have facilities for such
activities as refueling, storage, maintenance or repair of helicopters.
Home occupation.
Any occupation or activity conducted within a dwelling unit
which is clearly incidental and subordinate to the use of the premises
for dwelling purposes; provided that:
(1)
No retail business of any sort is involved;
(2)
No stock in trade is kept nor commodities sold except those
made or used on the premises;
(3)
Only members of the family residing on the premises are employed;
(4)
No internal or external alterations, special construction, or
features are involved;
(5)
There is no on-premises billboard or any other display or storage
of materials or exterior identification of the home occupation or
variation from the residential character of the main building or any
accessory buildings;
(6)
No equipment is used which creates offensive noises, vibrations,
sound, smoke or dust, odors, heat, glare, X-ray or electrical disturbance
to radio or television. In particular, a home occupation includes
the following and similar uses: artist’s studio; dressmaking
and millinery; limited professional practice provided no clients or
customers are permitted on the premises (such as lawyer, engineer,
architect, or accountant); music teaching limited to not more than
two (2) pupils at one time; the keeping of up to three (3) unrelated
children apart from their parents, guardians or custodians for regular
periods of time for compensation. This type of child care facility
shall be known as a listed family home. (See definition.)
(7)
Repair of racing automobiles shall not be permitted.
Industrialized housing.
A residential structure that is designed for the occupancy
of single-family or duplex use; which bears an approved decal or insignia,
clearly visible, under rules promulgated by the State of Texas signifying
the dwelling as “industrialized”; that is intended to
be installed on a permanent foundation system approved by the locally
adopted building codes; that meets all other state and local requirements
for industrialized housing.
Kennel (commercial).
Any premises where dogs, cats or other pets are kept for
commercial purposes, including boarding, breeding, sale of pet related
goods or animals or the rendering of services. No person shall operate
a kennel without first having obtained a valid commercial kennel license
from the animal control division. For the purpose hereof, the breeding
and sale of the litter of animals kept and maintained as household
pets by the holder of a dog and cat fancier’s permit shall not
be deemed and considered a commercial kennel.
Landscaping.
Material such as, but not limited to, grass, ground covers,
shrubs, vines, hedges, or trees. Landscaped open spaces and landscaped
edges shall be landscaping.
Licensed child care center.
A child care facility where the caregiver provides care for
seven (7) or more children under the age of fourteen (14) at a location
other than at the permit holder’s home. A licensed child care
center shall not include or apply to bona fide schools, custody fixed
by a court, children related by blood or marriage within the third
degree of the custodial person, or churches and other religious or
public institutions caring for children within an institutional building.
Licensed child care home.
A home-based child care facility where the caregiver provides
care for seven (7) to twelve (12) children under the age of fourteen
(14).
Listed family home.
A home-based child care facility where the caregiver is compensated
to provide regular child care for at least four (4) hours per day,
three (3) or more days a week for no more than nine (9) consecutive
weeks in their own home for one (1) to three (3) unrelated children.
Loading space.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Lot or lot of record.
A lot which is part of a subdivision, the plat of which has
been recorded in the office of the county clerk of Jefferson County
or a parcel of land, the deed for which is recorded in the office
of the county clerk of Jefferson County prior to January 22, 1980.
Lot area.
The total horizontal area within the lot lines of a lot.
Lot, corner.
A lot situated at the intersection of two (2) or more streets
having an angle of intersection of not more than one hundred thirty-five
(135) degrees.
Lot depth.
The mean horizontal distance between the front and rear lot
lines.
Lot lines.
The lines bounding a lot as defined herein:
(1)
Lot line, front. In the case of an interior lot, a line separating
the lot from the street or place; and in the case of a corner lot,
a line separating the narrowest street frontage of the lot from the
street, except in those cases where the latest tract deed restrictions
specify another line as the front lot line.
(2)
Lot line, rear. A lot line which is opposite and most distant
from the front lot line.
(3)
Lot line, side. Any lot line not a front lot line or rear lot
line.
Lot width.
The horizontal distance between the side lot lines measured
at right angles to the side lot lines at a point midway between the
front and rear lot lines.
Main building.
The building or buildings on a lot which are occupied by
the primary use.
Mobile home.
A mobile home is a single-family residential structure suitable
for year-round occupancy, transportable in one or more sections, built
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. Mobile home includes
the terms trailer coach and modular home.
Model dwelling unit.
A single-family dwelling in a developing subdivision located
on a legal lot of record that is limited to temporary use as a sales
office for the subdivision and to provide an example of the dwellings
which have been built or which are proposed to be built in the same
subdivision.
Nonconforming building.
A building, structure, or portion thereof which does not
conform to the height, area or yard regulations of this chapter and
which lawfully existed at the time the regulations with which it does
not conform became effective.
Nonconforming lot.
A lot whose width, area or other dimension does not conform
to the district regulations of this chapter and which was a lot of
record or lawfully existed at the time the regulations with which
it does not conform became effective.
Nonconforming use.
A nonresidential use of a building or land which does not
conform to the use district regulations of this chapter and which
lawfully existed at the time the regulations with which it does not
conform became effective. A lawful conforming use existing at the
time of the adoption of this chapter shall not become nonconforming
as a result of a specific use permit requirement.
Open space.
Area included in any side, rear or front yard or any unoccupied
space on the lot that is open and unobstructed to the sky except for
the ordinary projections of cornices, eaves, porches and plant material.
Planned unit development.
A district with development characterized by a unified site
development plan which may provide for a mixture or combination of
residential, recreation and open space, and commercial uses.
Registered child care home.
A home-based child care facility where the caregiver cares
for up to six (6) children under the age of fourteen (14); they may
also take in up to six (6) more school-age children. The number of
children allowed in a home is determined by the ages of the children.
No more than twelve (12) children can be in care at any time, including
children of the caregiver.
Shopping center.
A group of commercial establishments which is planned, developed,
owned, and managed as a unit related in its location, size and type
of shops to the trade area that the unit serves.
Sign.
Any permanent, temporary, or portable 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, word, mode, banner, flag, pennant, insignia, decoration, device,
or representation used as, or which is in the nature of, an announcement,
direction, advertisement, or other attention-getting device.
Sign, billboard.
A sign, often referred to as a billboard, intended to be
leased, or for which payment of any type is intended to be or is received,
for the display of any good, service, brand, slogan, commercial message,
product, or company, except that the term does not include a sign
that is leased to a business entity and located on the same property
on which the business is located or a sign located on property owned
or leased for the sole purpose of displaying a sign.
Sign banner.
A type of sign that is generally constructed of lightweight
plastic, fabric or a similar nonrigid material, and that is mounted/tethered
to a pole(s), building or other structure at one (1) or more edges.
Sign area.
The sign area shall be the area of rectangular enclosures
of the entire sign other than structural supports.
Sign, electronic reader board.
A sign or portion thereof that uses changing lights to form
a sign message or messages in text form wherein the sequence of messages
and the rate of change is electronically programmed and can be modified
by electronic processes which is attached to or a part of a detached
on-premises sign.
Sign, mobile.
Signs which are on or, otherwise affixed to, trucks, automobiles,
trailers or other vehicles used primarily to support or display such
signs while parked.
Sign, on-premises.
A sign other than a billboard which is located on the same
lot or development as the good or service for which the sign is intended
and is not intended to be leased, or for which payment of any type
is intended to be or is received, for the display of any good, service,
brand, slogan, message, product, or company.
Sign, portable.
Any sign that is not permanently attached to the ground or
any other structure and is designed to be moved from place to place.
Sign, temporary.
A nonilluminated poster or display constructed of paper,
cloth, plastic sheet, cardboard, plywood, or other like materials
that appears to be intended to be displayed for a limited period of
time.
Structural alterations.
Any change in the supporting or structural members of a building,
including but not limited to bearing walls, columns, beams or girders,
or any substantial change in the roof or in exterior walls.
Structure.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having permanent
location on the ground.
Temporary portable storage container.
A purpose-built, fully enclosed, box-like container that
is designed for the temporary storage of furniture, clothing or other
personal or household belongings as part of the process of household
renovation or moving or the relocation of household belongings to
an off-site commercial storage location. Such containers shall not
be used to store solid waste, business inventory, commercial goods
or any illegal or hazardous materials, nor shall such containers be
used for human or animal occupation. Such containers are uniquely
designed for ease of loading to and from a transport vehicle.
Townhouse.
A row of three (3) or more attached, one-family dwellings,
separated by vertical party or lot-line walls, and each having private
entrances.
Trailer park.
See recreational vehicle court or park, mobile home park, mobile home subdivision in article
24.06 of the city code.
The purpose for which land or a building is arranged, designed
or intended, or for which land or a building is or may be occupied
or maintained.
Winery.
A retail establishment that manufactures, bottles, labels
and packages wine containing not more than twenty-four (24) percent
alcohol by volume for an adult in an amount not to exceed fifty (50)
gallons annually for the personal use of the adult and where wine
is dispensed for consumption on the premises of the winery.
Yard.
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upward except for fences and walls.
Yard, front.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot as specified in each zoning
district.
Yard, rear.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
and a line parallel thereto on the lot as specified in each zoning
district. On corner lots, the rear yard shall be considered as parallel
to the street upon which the lot has its least dimensions. On both
corner and interior lots, the rear yard shall in all cases be at the
opposite end of the lot from the front yard.
Yard, side.
A yard between a building and the side lot line, extending
from the front yard or front lot line where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the building.
