For the purpose of these regulations, certain terms and words
are to be used and interpreted as defined hereinafter. Words used
in the present tense shall include the future tense; words in the
singular number include the plural and words in the plural number
include the singular, except where the natural construction of the
writing indicates otherwise. The word shall is mandatory and not directory.
For any term or use not specifically defined herein, Webster's Dictionary
(latest edition) shall be used.
1.
Accessory
Budding and Accessory Structure:
(a)
"Accessory
building" and "accessory structure" means a building or structure
detached from the main building and located on the same lot as the
main building, the use of which is secondary and supportive to that
of the dominant use of the building or premises.
(b)
Accessory
buildings and/or accessory structures include, but are not limited
to: detached garages (residential or nonresidential), farm structures
such as barns or well houses, workshops and tool houses, storage sheds,
greenhouses, pool houses, outdoor kitchens, gazebos, arbors, lanais,
carports, in-ground or above-ground swimming pools (both indoor or
outdoor), outdoor fireplaces, patio covers (open or solid roof), pergolas,
porte-cocheres, and equipment buildings (e.g. a structure housing
pool filter and pump equipment).
(c)
For the
purpose of determining if a building or structure is an accessory
building or accessory structure, the building or structure is deemed
to be attached to the main building on the lot if the building or
structure (i) shares a structural common wall or roof line connected
with the roof of the main building on the lot or (ii) is connected
to the main building on the lot by a fully enclosed hallway and shares
a common roof line connected with the roof of the main building on
the lot.
(d)
If located
within the rear yard behind the main structure, children's play structures
and dedicated outdoor basketball, tennis, or similar game courts shall
not be considered within the definition of "accessory buildings" or
"accessory structures".
1A.
Accessory Dwelling:
(a)
"Accessory
dwelling" means an enclosed, heated and air-conditioned accessory
building capable of being used as a dwelling for one or more people
apart from the main building on the lot that is constructed with:
(b)
A detached
garage constructed with an attached accessory dwelling (sometimes
known as a "garage apartment"), regardless of whether the dwelling
portion of the building is on the same or different level as the garage,
shall be regulated as an accessory dwelling.
(c)
A dwelling
unit constructed in association with and located on the same lot as
a self-service mini-warehouse business for occupancy by the owner,
manager, or other employee charged with operating the self-service
mini-warehouse shall be deemed an incidental use to the main use and
is not an "accessory dwelling" for purposes of this definition.
2.
Accessory
use:
A use customarily incidental, appropriate
and subordinate to the principal use of land or building(s) and located
upon the same lot therewith.
3.
Advertising
sign or structure:
(also see Signs in this section):
Any cloth, card, paper, metal, glass, wooden, plastic, plaster or
stone sign or other sign, device or structure of any character whatsoever,
including a statuary or place for outdoor advertising purposes on
the ground or any tree, wall, bush, rock, post, pole, fence, building
or structure.
4.
Airport:
A place where an aircraft can land and take off, usually
equipped with hangars, facilities for refueling and repair and various
accommodations for passengers.
5.
Alley:
A minor right-of-way, dedicated to public use, which
affords a secondary means of vehicular access to the back or side
of properties otherwise abutting a street, and which may be used for
public utility purposes.
6.
Amusement
arcade (also video arcade):
Any building, room,
place or establishment of any nature or kind and by whatever name
called, where more than two amusement devices [are] operated for a
profit, whether the same be operated in conjunction with any other
business or not, including but not limited to such amusement devices
as coin-operated pinball machines, video games, electronic games,
shuffle boards, pool tables or other similar amusement devices. Provided,
however, the term "amusement device," as used herein, shall not include
musical devices, billiard tables which are not coin-operated machines
designed exclusively for children and devices designed to train persons
in athletic skills or golf, tennis, baseball, archery or other similar
sports.
7.
Antenna:
An instrument or device consisting of wires, poles,
rods, or reflecting discs, designed for transmitting or receiving
any portion of the radio, microwave, or electromagnetic spectrum.
8.
Antenna,
noncommercial (amateur radio, television, or CB radio):
An antenna not exceeding 50 feet in height above the ground
elevation at the base of the tower, pole, structure or support. A
satellite dish antenna not exceeding 12 feet in diameter shall also
be considered as a noncommercial radio antenna. This term shall also
include television and other radio antennas.
9.
Antenna
(commercial):
An antenna in excess of 50 feet
in height from the base primarily used for commercial broadcasting.
A satellite dish in excess of 12 feet in diameter shall be considered
a commercial antenna. A microwave transmitting tower is also a commercial
antenna.
10.
Antique shop, sales in building:
A retail establishment
engaged in the selling of works of art, furniture or other artifacts
of an earlier period, with all sales and storage occurring inside
a building.
11.
Auto rental and leasing:
Storage, leasing or
renting of automobiles, motorcycles, and light load vehicles.
12.
Auto parking lot or garage:
An area or structure
designed for the parking of motor vehicles.
13.
Auto parts, sales in building:
The use of any
building or other premises for the primary inside display and sale
of new or used parts for automobiles, panel trucks or vans, trailers,
or recreation vehicles.
14.
Auto parts, sales in open:
The use of any land
area for the outside display and sale of new or used parts for automobiles,
panel trucks or vans, trailers, or recreation vehicles, but not including
wrecking yards and junkyards.
15.
Reserved.
16.
Automobile:
A self-propelled mechanical vehicle
designed for use on streets and highways for the conveyance of goods
and people including but not limited to the following: passenger cars,
trucks, buses, motor scooters and motorcycles.
17.
Automobile repair garage:
An establishment
providing major or minor automobile repair services to all motor vehicles
except heavy load vehicles.
18.
Automobile repair, major:
General repair or
reconditioning of engines, air conditioning systems and transmissions
for motor vehicles; wrecker service; collision services, including
body, frame or fender straightening or repair; customizing; painting;
vehicle steam cleaning; undercoating and rustproofing; those uses
listed under "automobile repair, minor"; and other similar uses.
19.
Automobile repair, minor:
Minor repair or replacement
of parts, tires, tubes, and batteries; diagnostic services; minor
motor services such as grease, oil, spark plug, and filter changing;
tune-ups; emergency road service; replacement of starters, alternators,
hoses, brake parts; automobile washing and polishing; performing state
inspections and making minor repairs necessary to pass said inspection;
normal servicing of air conditioning systems, and other similar minor
services for motor vehicles except heavy load vehicles, but not including
any operation named under "automobile repair, major" or any other
similar use.
20.
Automobile service station:
Any building, land
area or other premises, or portion thereof, used or intended to be
used for the retail dispensing or sales of automobile fuels, lubricants,
and automobile accessories, including those operations listed under
minor automobile repair. Vehicles which are inoperative or are being
repaired may not remain parked outside an automobile service station
for a period greater than seven days.
21.
Bank, savings and loan, or credit union:
An
establishment for the custody, loan, exchange or issue of money, the
extension of credit, and/or facilitating the transmission of funds.
22.
Bakery and confectionery works (commercial):
A manufacturing facility for the production and distribution of baked
goods and confectioneries to retail outlets.
23.
Basement (or cellar):
A story partly or wholly
underground. For purposes of height measurement, a basement shall
be counted as a story when more than one-half of its height is above
the average level of the adjoining ground or when subdivided and used
for commercial or dwelling purposes by other than a janitor employed
on the premises.
24.
Block:
A piece or parcel of land entirely surrounded
by public highways or streets, other than alleys. In cases where the
platting is incomplete or disconnected, the city shall determine the
outline of the block.
25.
Boarding house:
A dwelling other than a hotel,
where for compensation and by prearrangement for definite periods,
meals, or lodging and meals are provided.
26.
Building:
Any structure intended for shelter,
occupancy, housing or enclosure for persons, animals or chattel. When
separated by dividing walls without openings, each portion of such
structure so separated shall be deemed a separate building.
27.
Building height:
The vertical distance from
the average line of the highest and lowest points of that portion
of the lot covered by the building to the highest point of coping
of a flat roof, or a deck line of a mansard roof or to the average
height of the highest gable of a pitch or hip roof.
28.
Building line:
A line parallel, or approximately
parallel, to any front lot line at a specific distance therefrom,
marking the minimum distance from the front lot line that a building
may be erected. (See illustration 6.)
29.
Building, main:
A building in which the principal
use of the lot on which it is situated is conducted. In a residential
district any dwelling shall be deemed to be a main building on the
lot on which it is situated.
30.
Building materials and hardware sales:
Materials,
tools, and hardware customarily used in the construction of buildings
and other structures, including facilities for storage of materials
for retail sales. Sometimes referenced as a home improvement center.
31.
Building official:
The inspector or administrative
official charged with responsibility for issuing permits and enforcing
the zoning ordinance and building code.
32.
Bus terminal:
Any premises for the transient
housing or parking of motor-driven buses and the loading and unloading
of passengers.
33.
Cabinet and furniture upholstering shop:
An
establishment for the production, display and sale of cabinets, furniture
and soft coverings for furniture.
34.
Caretakers' or guards' residence:
A residence
located on a premises with a main nonresidential use and occupied
only by a caretaker or guard employed on the premises.
35.
Carport:
A structure open on a minimum of two
sides designed or used to shelter not more than three vehicles. Also
called "covered parking area."
36.
Carwash or vehicle wash:
Structure used to
wash motorcycles, automobiles and light load vehicles.
37.
Cemetery:
Property used for the interring of
the human dead.
38.
Certificate of occupancy:
An official certificate
issued by the city through the building official which indicates conformance
with the zoning regulations and authorizes legal use of the premises
for which it is issued; may be referred to as an occupancy permit.
39.
Child care center (or day care center):
A commercial
institution or place designed for the care or training of 12 or more
unrelated children under 14 years of age for less than 24 hours a
day.
40.
Church, rectory, or temple:
A building for
regular assembly for religious worship which is used primarily and
designed for such purpose and those accessory activities which are
customarily associated therewith, and the place of residence for ministers,
priests, nuns or rabbis on the premises (tax exempt as defined by
state law). For the purposes of this ordinance, bible study and other
similar activities which occur in a person's primary residence shall
not apply to this definition.
41.
City:
The City of Highland Village.
42.
City council:
The governing body of the City
of Highland Village, Texas and sometimes referred to as "the council."
References to the "city" shall mean the City of Highland Village.
43.
Civic center:
A building or complex of buildings
that house municipal offices and services, and which may include cultural,
recreational, athletic, convention or entertainment facilities owned
and/or operated by a municipality.
44.
Commercial amusement (indoor):
An amusement
or entertainment enterprise wholly enclosed and operated within a
building. This includes, but is not limited to, bowling alleys, skating
rinks, health clubs, racquetball clubs, bingo parlors, indoor tennis
courts, gymnasiums, swimming pools and nautilus facilities.
45.
Commercial amusement (outdoor):
An outdoor
area or structure, open to the public which provides entertainment
or amusement for a fee or admission charge, including but not limited
to batting cages, miniature golf, go-cart tracks, rodeo grounds, drive-in
theaters, water slides and carnivals.
46.
Community center:
A building or complex of
buildings that house cultural, recreational, athletic, or entertainment
facilities owned and/or operated by a governmental agency or private
nonprofit agency.
47.
Community home:
A place where not more than
six physically or mentally impaired or handicapped persons are provided
room and board, as well as supervised care and rehabilitation by not
more than two persons as licensed by the Texas Department of Mental
Health and Mental Retardation. (Also see V.T.C.A., Human Resources
Code ch. 123.)
48.
Concrete or asphalt batching plant (permanent):
A permanent manufacturing facility for the production of concrete
or asphalt.
49.
Concrete or asphalt batching plant (temporary):
A temporary manufacturing facility for the production of concrete
or asphalt during construction of a project, and to be removed when
the project is completed.
50.
Construction yard (temporary):
A storage yard
or assembly yard for building materials and equipment directly related
to a specific construction project and subject to removal at completion
of construction.
51.
Contractor's shop and storage yard:
A building,
part of a building, or land area for the construction or storage of
materials, equipment, tools, products, and vehicles.
52.
Country club (private):
A land area and buildings
which may include a golf course, clubhouse, dining room, swimming
pool, tennis courts and similar recreational or service uses available
only to members and their guests.
53.
Court:
An open, unobstructed space, bounded
on more than two sides by the walls of a building. An inner court
is entirely surrounded by the exterior walls of a building. An outer
court has one side open to a street, alley, yard, or other permanent
open space.
54.
Coverage:
The lot area covered by all buildings
located thereon, including the area covered by all overhanging roofs,
accessory buildings and/or structures; provided, however, the water
surface area of swimming pools and/or spas shall not be included in
determining the calculation of the maximum coverage allowed on a lot.
55.
Dance hall:
An establishment open to the general
public for dancing.
56.
Density:
The total number of residential buildings
allowed upon a given tract of land usually expressed in total number
of units per gross acres or net acre.
57.
Detached:
Having no physical connection above
the top of the floor line of the first floor with any other building
or structure.
58.
Dry cleaning plant:
An industrial facility
where fabrics are cleaned with substantially nonaqueous organic solvents
on a commercial or wholesale basis.
59.
Dry cleaning, small shop:
A custom cleaning
shop or pickup station not exceeding 6,000 square feet of floor area,
including but not limited to dry cleaning plants having no more than
1,500 square feet of floor area for dry cleaning equipment.
60.
Dwelling:
Any building or portion thereof,
which is designed or used as living quarters for one or more families
and contains a kitchen with facilities for cooking.
61.
Dwelling, single-family attached (townhouse):
See "Townhouse."
62.
Easement:
A grant of one or more of the property
rights by the property owner to and/or for the use by the public,
a corporation or another person or entity.
63.
Electrical substation:
A subsidiary station
in which electric current is transformed.
64.
Enclosed building:
A structure which is floored,
roofed and surrounded by outside walls, which contains no opening
larger than 120 square feet in area normally open to the air and which
contains no series of opening[s] forming a divided opening larger
than 120 square feet in area normally open to the air.
65.
Engine and motor repair:
The adjustment, reconditioning
or restoration to working order of engines and motors.
66.
Excavation or gravel pit:
An area were [where]
minerals, gravel, or other similar materials are excavated or quarried
below the natural grade of the surface.
67.
Exhibition or fairgrounds area:
An area or
space either outside or within a building for the display of topic-specific
goods or information.
68.
Family:
One or more persons related by blood,
marriage, or adoption; or a group not to exceed four persons not all
related by blood or marriage, adoption or guardianship, occupying
a dwelling unit.
69.
Family home (child care in place of residence):
A facility that regularly provides care in the caretaker's own residence
for not more than six children under 14 years of age, excluding the
caretaker's own children, and that provides care after school hours
for not more than six additional elementary school siblings of the
other children given care. However, the number of children, including
the caretaker's own, provided care at such facility shall not exceed
12 at any given time. No outside employment is allowed at the facility.
This facility shall conform to V.T.C.A., Human Resources Code ch.
42, as amended, and in accordance with such standards as may be promulgated
by the Texas Department of Human Services.
70.
Farm, ranch, garden or orchard:
An area used
for growing usual farm products, vegetables, fruits, trees, and grain
and for the raising thereon of the usual farm poultry and farm animals
such as horses, cattle, and sheep and including the necessary accessory
uses for raising, treating, and storing products raised on the premises,
but not including the commercial feeding (feedlot) of offal or garbage
to swine or other animals and not including any type of agriculture
or husbandry specifically prohibited by ordinance or law.
71.
Feed store:
An establishment for the selling
of corn, grain and other foodstuffs for animals and livestock, and
including implements and goods related to agricultural process, but
not including farm machinery.
72.
Field construction office:
A building or structure,
of either permanent or temporary construction, used in connection
with a development or construction project for housing temporary supervisory
or administrative functions related to development, construction or
the sale of real estate properties within the active development or
construction project (also see temporary building).
73.
Flea market:
An outdoor, or partially indoor
premises where the main use is the sale of new and used household
goods, personal effects, tools, artwork, small household appliances,
and similar merchandise, objects, or equipment, in small quantities,
in broken stalls, [sic] lots or parcels, not in bulk, for the use
or consumption by the immediate purchaser in a building, open air,
or partly enclosed booths or stalls not within a wholly enclosed building.
The term flea market shall not be deemed to include wholesale sales
establishments or rental services establishments, but shall be deemed
to include personal service establishments, food services establishments,
retail services establishments, and auction establishments.
This definition does not pertain to retail sidewalk sales or
garage sales. Arts and crafts shows or sales held by nonprofit organizations
are also not included under this definition.
74.
Floodplain:
An area of land subject to inundation
by a 100-year frequency flood as determined using standard engineering
practices and generally as shown on the FEMA floodplain map of the
City of Highland Village.
75.
Floor area:
The total gross square feet of
floor space within the outside dimensions of a building including
each floor level, but excluding carports, residential garages, and
breezeways.
76.
Floor area ratio (FAR):
The floor area of a
main building or buildings on a lot, divided by the lot area. (See
illustration 1.)
77.
Florist shop:
An establishment for the display
and retail sale of flowers, small plants and accessories.
78.
Food store:
A retail business establishment
that displays and sells consumable goods that are not to be eaten
on the premises (also termed grocery store). Prepared food may be
sold only as a secondary or accessory use.
79.
Fraternal organization, lodge, civic club, or union:
An organized group having a restricted membership and specific
purpose related to the welfare of the members such as Elks, Masons,
Knights of Columbus, or a labor union.
80.
Front yard:
See "Yard, front".
81.
Funeral home or mortuary:
A place for the storage
of human bodies prior to their burial or cremation, or a building
used for the preparation of the deceased for burial and the display
of the deceased and ceremonies connected therewith before burial or
cremation.
82.
Furniture, home furnishings, and equipment stores:
This group includes retail stores selling new goods for furnishing
the home including, but not limited to furniture, floor coverings,
draperies, glass and chinaware, domestic stoves, refrigerators, and
other household electrical and gas appliances.
83.
Furniture store (new and used):
Same as above
except sales may include used items.
84.
Garage, parking:
Any building, or portion thereof,
used for the storage of four or more automobiles in which any servicing
provided is incidental to the primary storage use, and where repair
facilities are not provided.
85.
Garage, private:
An enclosed (on at least three
sides) accessory building, or a part of a main building, used for
storage of automobiles and used solely by the occupants and their
guests. Also called "enclosed parking space."
86.
Garden shop:
A facility which is engaged in
the selling of flowers, ornamental plants, shrubs, trees, seeds, garden
and lawn supplies, and other materials used in planting and landscaping,
but not including cultivation and propagation activities outside a
building.
87.
Gasoline service or filling station:
(See "Automobile
service station".)
88.
General commercial plant:
Establishments other
than personal service shops for the treatment and/or processing of
products as a service on a for-profit basis including, but not limited
to, newspaper printing, laundry plant, or cleaning and dyeing plants.
89.
General manufacturing:
(See "Industrial, general".)
90.
General retail stores:
This major group includes
retail stores which sell a number of lines of primarily new merchandise
including but not limited to dry goods, apparel and accessories, furniture
and home furnishings, small wares, small appliances, hardware, and
food. The stores included in this group are known as department stores,
variety stores, general merchandise stores, general stores, etc. (Also
see "Retail store".)
91.
Golf course:
An area of 20 acres or more improved
with trees, greens, fairways, hazards, and which may include clubhouses.
92.
Group day care home:
Means a facility that
provides care for seven to 12 children under 14 years of age less
than 24 hours a day.
93.
Gymnastic or dance studio:
A building or portion
of a building used as a place of work for a gymnast or dancer or for
instructional classes in gymnastics or dance.
94.
Halfway house:
A facility for the housing,
rehabilitation and/or training of six or more persons, who are on
probation or parole or are pre-released inmates from correctional
institutions or other persons found guilty of criminal offenses; or
for the housing, rehabilitation, training, counseling or treatment
of six or more persons for alcohol[,] chemical or drug abuse and/or
dependencies. "Halfway house" shall not include a hospital licensed
by the State of Texas or a state-licensed physician's office which
office does not have facilities for patients to stay overnight.
95.
Heavy load vehicle:
A self-propelled vehicle
having a manufacturer's recommended gross vehicle weight (GVW) of
greater than 11,000 pounds (including trailers), such as large recreational
vehicles (originally manufactured as RVs, not converted), tractor-trailers,
buses, vans, and other similar vehicles. The term "truck" shall be
construed to mean "heavy load vehicle" unless specifically stated
otherwise.
96.
Heavy machinery sales and storage:
A building
or open area used for the display, sale, rental or storage of heavy
machinery, either machines in general or a group of machines which
function together as a unit.
97.
Height:
The measurement or distance from the
surface grade to the top of the roof structure. Does not include mechanical
and similar equipment.
98.
Heliport/helistop:
An area of land or water
or a structural surface which is used, or intended for use, for the
landing and taking off of helicopters, and any appurtenant areas which
are used, or intended for use for heliport buildings and other heliport
facilities. Helistop is the same as a heliport, except that no refueling,
maintenance, repairs or storage of helicopters is permitted.
99.
Home Occupation:
Any occupation or activity
carried on principally by the inhabitants of a dwelling which is clearly
incidental and secondary to the use of the dwelling for dwelling purposes,
which does not change the character thereof, and which is conducted
entirely within the main building; provided that not trading in merchandise
or selling of goods or services is carried out on a regular basis
and in connection with which there is no display of merchandise, will
be no signage allowed, no mechanical equipment is used, except such
as is customary for purely domestic of [or] household purposes and
does not create obnoxious noise or other conditions such as odor,
increased traffic, smoke or electrical interference. A beauty or barber
shop, tea room or restaurant, rest home or clinic, child care center,
bed and breakfast facility, or cabinet, metal, or auto repair shop
are examples of uses that are not home occupations.
100.
Household appliance service and repair:
The
maintenance and rehabilitation of appliances customarily used in the
home including but not limited to washing and drying machines, refrigerators,
dishwashers, trash compactors, ovens and ranges, counter-top kitchen
appliances, vacuum cleaners and hair dryers.
100.5.
Incidental Use:
An accessory
use which occupies less than 15 percent of the floor area of the premises
occupied by the primary use.
101.
Industrial, manufacturing:
Establishments engaged
in the manufacturing or transformation of materials into new products.
These establishments are usually described as plants and factories,
and characteristically use power-driven machines and materials handling
equipment. Manufacturing production is usually carried on for the
wholesale market, rather than for direct sale to the domestic consumer.
102.
Kennels, Indoor.:
An establishment in which more than four dogs and/or other species of domesticated animals more than six months old are housed, groomed, boarded, or trained solely on the interior of a building, but which shall not include a residence in which more than four animals are authorized to be kept following the granting of an "animal in excess" permit pursuant to Section 4.04.001 of the Code of Ordinances.
103.
Kennels (outdoor pens):
An establishment with
outdoor pens in which more than four dogs or domesticated animals
more than one year old are housed, groomed, bred, boarded, trained
or sold for commercial purposes.
104.
Kiosk:
A small, freestanding, one-story structure
having a maximum floor area of 350 square feet and used for commercial
purposes, such as automatic teller machines or the posting of temporary
information and/or posters, notices and announcements. If a kiosk
is to be occupied, it shall have a minimum floor area of 25 square
feet.
105.
Landscaping:
Material such as, but not limited
to, grass, ground covers, shrubs, vines, hedges, trees or palms, and
nonliving durable material commonly used in landscaping, such as,
but not limited to, rocks, pebbles, sand, walls or fences, but excluding
paving.
106.
Laundromat (or self-serve washateria):
A facility
where patrons wash, dry or dry clean clothing and other fabrics in
machines operated by the patron.
107.
Light load vehicles:
A self-propelled vehicle
having a manufacturer's recommended gross vehicle weight (GVW) not
greater than 11,000 pounds, and having no more than two axles, such
as pickup trucks, vans, recreational vehicles (less than 32 feet in
length), campers and other similar vehicles but not including automobiles
and motorcycles.
108.
Light manufacturing:
Manufacturing of finished
products or parts, predominantly from previously prepared materials,
including fabrication, assembly, and packaging of such products, and
incidental storage, sales and distribution of such products, but excluding
basic industrial processing.
109.
Loading space:
An off-street space or berth
used for the delivery and loading or unloading of vehicles.
110.
Lot:
Platted (as specified in V.T.C.A., Local
Government Code ch. 212) land occupied or intended to be occupied
by one main building and the required parking, or a group of main
buildings, and accessory building and uses, including such open spaces
as are required by the ordinance, and other laws or ordinances, and
having its principal frontage on a public street or officially approved
place. (See illustrations 6, 7, and 8.)
111.
Lot area:
The total area, measured on a horizontal
plane, included within lot lines.
112.
Lot, corner:
A lot which has at least two adjacent
sides abutting for their full lengths on a street, provided that the
interior angle at the intersection of such two sides is less than
135 degrees. (See illustration 14.)
113.
Lot depth:
The mean horizontal distance between
the front and rear lot lines. (See illustration 7.)
114.
Lot, double frontage:
A lot having a frontage
on two nonintersecting streets, as distinguished from a corner lot.
(See illustration 5.)
115.
Lot, flag:
A lot having access to a street
by means of a parcel of land generally having a depth greater than
its frontage, but not less than 35 feet.
116.
Lot, interior:
A lot other than a corner lot.
117.
Lot frontage:
That dimension of a lot or portion
of a lot abutting on a street, excluding the side dimension of a corner
lot.
118.
Lot line, front:
The narrower side of the lot
abutting a street. Where two lot lines abutting streets are of equal
length, the owner shall have a choice in designating which shall be
the lot frontage. For a lot which has a boundary line which does not
abut the front street line, is not a rear lot line and lies along
the same general directional orientation as the front and rear lot
lines, said line shall be considered a front lot line in establishing
minimum setback lines. (See illustration 6.)
119.
Lot line, rear:
The lot line farthest from
and most parallel to the front lot line. For triangular lots, the
point opposite the front lot line shall be considered the rear lot
line and have a value of zero. (See illustration 8.)
120.
Lot line, side:
Any lot line not the front
or rear lot line.
121.
Lot lines or property lines:
The lines bounding
a lot as defined herein.
122.
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 Denton County or a lot subdivided by metes and bounds description
prior to June 2, 1977. Also termed "official lot of record."
123.
Lot width:
The horizontal distance measured
between side lot lines parallel to the front lot line, and measured
from the point on the building line which is closest to the front
lot line. (See illustration 6.)
124.
Main building:
The building or buildings on
a lot which are occupied by the primary use.
125.
Masonry construction:
Exterior construction
materials including brick, stone, granite, marble, concrete and other
built-up/tilt panels.
126.
Master plan, policy master plan or comprehensive plan:
Document adopted by the city that consists of graphic and textual
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.
127.
Mausoleum:
Property used for the interring
of the dead and where bodies are interred above ground in staked [stacked]
vaults.
128.
Medical facilities:
a.
Convalescent, rest or nursing home:
A health
facility used for or customarily occupied by persons recovering from
illness or suffering from infirmities of age, and furnished meals
or continuing nursing care for compensation.
b.
Dental, medical, or chiropractic clinic:
A
facility or group of offices for one or more physicians for the examination
and treatment of ill and afflicted human outpatients provided that
patients are not kept overnight except under emergency conditions.
c.
Dental office or doctor's office:
Same as "dental
or medical clinic".
d.
Hospital:
An institution providing health services
primarily for human inpatient medical or surgical care for the sick
or injured and including related facilities such as laboratories,
outpatient departments, training facilities, central services facilities,
and staff offices which are an integral part of the facilities.
e.
Massage establishment:
Any place of business
in which massage therapy is practiced by a massage therapist, as defined
and licensed by state law. "Massage therapy," as a health care service,
means the manipulation of soft tissue for therapeutic purposes. The
term includes, but is not limited to, effleurage (stroking), petrissage
(kneading), tapotement (percussion), compression, vibration, friction,
nerve strokes, and Swedish gymnastics, either by hand or with mechanical
or electrical apparatus for the purpose of body message. Massage therapy
may include the use of oil, salt glows, heat lamps, hot and cold packs,
tub, shower or cabinet baths. Equivalent terms for "massage therapy"
are massage, therapeutic massage. Massage and "therapeutic" do not
include diagnosis, the treatment of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy, or podiatry is required by law.
f.
Public health center:
A facility primarily
utilized by a health unit for providing public health services including
related facilities such as laboratories, clinics and administrative
offices operated in connection therewith.
g.
Sanitarium:
An institution providing health
facilities for inpatient medical treatment or treatment and recuperation
making use of natural therapeutic agents.
h.
Surgical outpatient facility:
An establishment
offering any type of surgical procedures and related care which, in
the opinion of the attending physician, can be performed safely without
requiring inpatient overnight hospital care and exclusive of such
surgical and related care as licensed physicians ordinarily may elect
to perform in their private offices.
129.
Mini-warehouse:
Small individual storage units
for rent or lease, restricted solely to the storage of items. The
conduct of sales, business or any other activity within the individual
storage units, other than storage, shall be prohibited.
130.
Miscellaneous retail stores:
Establishments
engaged in the retail sale of specialized lines of merchandise not
elsewhere classified, including but not limited to drug, liquor, apparel
and accessories, handcraft, and pastries.
131.
Mobile home (or HUD-code manufactured home):
A dwelling manufactured after June 15, 1976, designed to be transported
on its own chassis on the highway in one or more sections by a prime
mover and which is constructed with a base section so as to be independently
self-supporting and not requiring a permanent foundation for year-round
living.
132.
Mobile home display and sales:
The offering
for sale, storage, or display of trailers or mobile homes on a parcel
of land but excluding the use of such facilities as dwellings either
on a temporary or permanent basis.
133.
Mobile home park:
A parcel of land not less
than five acres nor greater than 25 acres which has been designed,
improved, or intended to be used or rented for occupancy by one or
more mobile homes or trailer houses in designated spaces.
134.
Mobile home subdivision:
A parcel of land which
has been designed, platted, improved, and is intended for the placement
of individually owned mobile home units on platted lots which can
be purchased outright by the owners of the mobile home units.
135.
Model home:
A 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.
136.
Modular home (or industrialized housing):
"Modular
home" means a structure or building module as defined, under the jurisdiction
and control of the Texas Department of Labor and Standards and that
is installed and used as a residence by a consumer, transportable
in one or more sections on a temporary chassis or other conveyance
device, and designed to be used on a permanent foundation system.
The term includes the plumbing, heating, air conditioning, and electrical
systems contained in the structure. The term does not include a mobile
home as defined in the Texas Manufactured Housing Standards Act (Vernon's
Ann. Civ. St. art. 5221f); nor does it include building modules incorporating
concrete or masonry as the primary structural component.
137.
Motel or hotel:
A building or group of buildings
designed for and occupied as a temporary dwelling place of individuals
and providing four or more room units where customary hotel services
such as linen, maid service, telephone, and upkeep of furniture is
provided.
138.
Motorcycle:
A usually two-wheeled self-propelled
vehicle having one or two saddles or seats, and which may have a sidecar
attached. For purposes of this ordinance, motorbikes, motor scooters,
mopeds, and similar vehicles are classified as motorcycles.
139.
Motorcycle sales and repair service:
The display,
sale and servicing, including repair work, of motorcycles.
140.
Motor vehicle:
Any vehicle designed to carry
one or more persons which is propelled or drawn by mechanical power,
such as automobiles, trucks, motorcycles, and buses.
141.
Multiple-family dwelling:
Three or more dwelling
units on a single lot designed to be occupied by three or more families
living independently of one another, exclusive of hotels or motels.
142.
Municipally owned facilities and uses:
Any
area, land, building, structure, and/or facility owned, used, leased,
or operated by the City of Highland Village, Texas[.]
143.
New car dealer:
Retail sales of new automobiles
or light load vehicles, including, as a minor part of the business,
the sales of used automobiles or light load vehicles.
144.
Nonconforming use:
A building, structure, or
use of land lawfully occupied at the time of the effective date of
this ordinance or amendments thereto, but which does not conform to
the use, area or lot regulations or standards of the district in which
it is situated.
145.
Nursery:
An establishment, including a building,
part of a building or open space, for the growth, display and/or sale
of large plants, shrubs, and trees, and other materials used in indoor
or outdoor planting.
146.
Nursing home:
See "Medical facilities."
147.
Occupancy:
The use or intended use of the land
or buildings by proprietors or tenants.
148.
Office, professional and general administrative:
A room or group of rooms used for the provision of executive, management,
or administrative services. Typical uses include administrative offices,
and services including real estate, insurance, property management,
investment, personnel, travel, secretarial services, telephone answering,
and business offices of public utilities, organizations and associations,
but excluding medical offices.
149.
Office center:
A building or complex of buildings
used primarily for conducting the affairs of a business, profession,
service, industry, government, or similar activity.
150.
Office-showroom/warehouse:
An establishment
with a minimum of 75 percent of its total floor area devoted to storage
and warehousing, but not accessible to the general public. The remaining
area may include retail and wholesale sales areas, sales offices,
and display areas for products sold and distributed from the storage
and warehousing areas.
151.
Officially approved place of access:
Access,
other than a dedicated street, to a property which is approved by
the City of Highland Village.
152.
Outside display:
Outside temporary display
of finished goods specifically intended for retail sale but not displayed
outside overnight.
153.
Outside storage:
The permanent keeping, displaying,
or storing, outside a building, of any unfinished goods, material,
merchandise, or equipment on a lot or tract for more than 24 hours.
Also referred to as open storage.
154.
Outside storage of building materials and hardware sales:
Materials, tools, and hardware customarily used in
the construction of buildings and other structures, including facilities
for storage outside a building and sale of ready-mix concrete.
155.
Paint shop:
A commercial establishment where
painting services are performed.
156.
Parcel:
Any unplatted or portion of an unplatted
tract of land. Also termed "tract."
157.
Park or playground:
A recreation facility,
recreation center, or park owned or operated by a public agency such
as a city or school district and available to the general public.
158.
Parking lot:
An off-street, ground level area,
usually surfaced and improved, for the temporary storage of motor
vehicles.
159.
Parking space:
See illustration 15.
160.
Patio home (zero lot line dwelling):
A lot
which is designed in such a manner that the side yard and adjacent
use easement make maximum use of available land area to preserve an
open, yet private, use of the side yard, and permits construction
of a detached single-family dwelling with one side of such dwelling
placed on the side property line.
161.
Pawnshop:
An establishment where money is loaned
on the security of personal property pledged in the keeping of the
owners (pawnbroker). Retail sales also take place of primarily used
items.
161.5.
Permanent cosmetics or makeup:
Tattooing which is limited to
the insertion of a pigment under the skin on a person's face:
162.
Personal service shop or custom personal services:
Establishments less than 2,000 square feet in gross floor area,
primarily engaged in providing services generally involving the care
of the person or his apparel including but not limited to barber and
beauty shops, dressmaking, shoe shining, dry cleaning and laundry
pickup stations, tailor or seamstress, and reducing salons/health
clubs (no outside storage).
163.
Pet shop:
A retail establishment offering small
animals, fish or birds for sale as pets and where all such creatures
are housed within the building.
164.
Placed:
Includes erecting, constructing, posting,
painting, printing, tacking, mailing, gluing, sticking, carving, or
otherwise fastening, affixing or making visible in any manner whatsoever.
165.
Planned development district:
Planned associations
of uses developed as integral land use units such as industrial parks
or industrial districts, offices, commercial or service centers, shopping
centers, residential developments of multiple or mixed housing, including
attached single-family dwellings or any appropriate combination of
uses which may be planned, developed or operated or integral land
use units either by a single owner or a combination of owners.
166.
Planning and zoning commission:
A board, appointed
by the city council as an advisory body, authorized to recommend changes
in the zoning and other planning functions as delegated by the city
council. Also referred to as the "commission."
167.
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 Highland Village and approved by the City of Highland
Village and recorded in the plat records of Denton County.
168.
Platted lot:
A lot within a subdivision recorded
in the plat records of Denton County.
169.
Portable building sales:
An establishment which
displays and sells structures capable of being carried and transported
to another location, but not including mobile homes.
170.
Premises:
Land together with any buildings
or structures situated thereon.
171.
Primary use:
The principal or predominant use
of any lot or building.
172.
Principal building:
Same as "Main building".
173.
Printing or copy shop:
An establishment which
reproduces, in printed form, individual orders from a business, profession,
service, industry or government organization and occupies less than
4,000 square feet. A printing company shall be any printing business
which operates in a space of 4,000 square feet or larger.
174.
Private club:
An establishment providing social
and/or dining facilities which may provide alcoholic beverage service,
to an association of persons, and otherwise falling within the definition
of, and permitted under the provisions of, that portion of V.T.C.A.,
Alcoholic Beverage Code ch. 32, as the same may be hereafter amended,
and as it pertains to the operation of private clubs.
175.
Private recreation facility or private park:
A recreation facility operated for the exclusive use of private residents
or neighborhood groups and their guests, and not the general public.
176.
Produce stand:
A seasonal use for which the
primary purpose and design is to sell fruit, vegetables, and similar
foods. No cooking of produce occurs on the site.
177.
Professional service:
Work performed which
is commonly identified as a profession, and which may be licensed
by the State of Texas.
178.
Public or municipal building or facility:
Any
building (except a building used primarily for general office purposes)
which is owned, leased, primarily used and/or primarily occupied by
the State of Texas, the United States, the City of Highland Village,
or any subdivision or agency of the State of Texas, the United States
or the City of Highland Village.
179.
Railroad or bus passenger station:
Any premises
for the transient housing or parking of motor-driven buses and trains
and the loading and unloading of passengers.
180.
Railroad team track, freight depot or docks:
A facility/place for the loading and unloading of materials on trains.
181.
Railroad track and right-of-way:
The right-of-way
and track used by a railroad, but not including railroad stations,
sidings, team tracks, loading facilities, dockyards, or maintenance
areas.
182.
Rear yard:
See "Yard, rear".
183.
Recreation center:
A place designed and equipped
for the conduct of sports, leisure time activities and other customary
and usual recreational activities.
184.
Recreational vehicle (RV):
A portable or mobile
living unit used for temporary human occupancy away from the place
of permanent residence of the occupants and self-propelled (motorized).
Also see "heavy load vehicle". A recreational vehicle park is an area
or commercial campground for RVs and similar vehicles or trailers
to reside, park, rent, or lease on a temporary basis.
185.
Residence:
Same as a dwelling; also, when used
with district, an area of residential regulations.
186.
Residential district:
District where the primary
purpose is residential use.
187.
Restaurant or cafeteria:
An eating establishment
where customers are primarily served at tables or self-served and
food is consumed on the premises, which may include a drive-through
window.
188.
Restaurant (drive-in type):
An eating establishment
where primarily food or drink is served to customers in motor vehicles
or where facilities are provided on the premises which encourage the
serving and consumption of food in automobiles on or near the restaurant
premises.
189.
Reserved.:
190.
Retail stores and shops:
An establishment engaged
in the selling of goods and merchandise to the general public for
personal or household consumption and rendering services incidental
to the sale of such goods. (Also see "General retail".)
191.
Room:
A building or portion of a building which
is arranged, occupied, or intended to be occupied as living or sleeping
quarters but not including toilet or cooking facilities.
192.
Rooming house:
(See "Boarding house".)
192.5.
Salon Booth Rental Business:
A business located within a single building or defined area of a
single building within which one or more spaces are rented, leased,
or licensed by a person or business for the purpose of operating a
barber shop, beauty shop, hair salon, cosmetics or make-up salon,
massage establishment, nail salon, or similar business and involving
the payment of rent, whether as a fixed amount or percentage of the
tenant's revenues from customers.
193.
Salvage or reclamation of products:
(also see
"Wrecking yard"): The reclamation and storage of used products or
materials.
194.
Sand, gravel, stone or petroleum extraction:
The process of extracting sand, gravel, stone or petroleum from the
earth.
195.
Satellite dish antenna:
A.
Satellite television reception dish
shall mean
a round, parabolic apparatus capable of receiving communications from
a transmitter relay located in planetary orbit.
B.
Usable satellite signals
shall mean satellite
signals, from the major communication satellites that, when viewed
on a conventional television set, are at least equal in picture quality
to those received from local commercial television stations or by
way of cable television.
196.
School, private, primary or secondary:
A school
under the sponsorship of a private agency or corporation other than
a public or religious agency, having a curriculum generally equivalent
to public elementary or secondary schools.
197.
School, public or parochial:
A school under
the sponsorship of a public or religious agency providing elementary
or secondary curriculum, but not including private trade or commercial
schools.
198.
Scientific and industrial research laboratories:
Facilities for research including laboratories, experimental equipment,
and operations involving compounding or testing of materials or equipment.
199.
Screened:
Shielded, concealed, and effectively
hidden from view by a person standing at ground level on an abutting
site, or outside the area or feature so screened, by a fence, wall,
hedge, berm, or similar architectural or landscape feature.
200.
Seasonal uses:
Seasonal uses include the sale
of Christmas trees, produce stands, and other temporary uses which
occur at certain times of the year.
201.
Servant's quarters or guest house:
An accessory
dwelling in a residential district for the sole use and occupancy
of a member of the immediate family or a person or persons employed
on the premises by the occupant on a full-time basis as domestic help,
such as a maid, yard person, chauffeur, cook or gardener, but not
involving the rental of such facilities or the use of separate utility
connections.
202.
Sexually oriented uses:
Establishments and
businesses showing X-rated movies, live performances, displaying and/or
selling pornographic material, and other uses dealing primarily with
indecent or obscene materials, acts or paraphernalia.
203.
Shopping center:
A group of primarily retail
and service commercial establishments planned, constructed and managed
as a total entity with customer and employee parking provided on-site,
provision for goods delivery separated from customer access, provision
of aesthetically appropriate design and protection from the elements.
204.
Side yard:
See "Yard, side".
205.
Sign(s).:
Any
device, flag, banner, light, figure, picture, letter, word, message,
symbol, plaque, design, artwork, display, wind device, poster, or
other thing visible from outside the premises on which it is located
and designed, intended to inform or used to advertise or attract the
attention of persons not on that premises, including searchlights.
a.
Billboard.
Any pole sign having a face exceeding
100 square feet and which promotes or advertises services or commodities
available at a different location.
b.
Effective area:
The area enclosed by drawing
a rectangle of horizontal and vertical lines which fully contain all
extremities of the sign drawn to scale, exclusive of its supports.
The measurement is to be calculated from viewpoint which gives the
largest rectangle of that kind, including both sides as the viewpoint
is rotated horizontally around the site. The effective area for attached
signs shall mean the sum of the areas of the minimum imaginary rectangles
enclosing each word attached to any particular facade or side (see
illustration 9).
c.
Flashing or moving sign:
A permanent sign (other
than banners or flags) which is animated, changes messages, revolves,
swings, or is otherwise designed to move by mechanical means or by
the force of wind.
d.
Luminance:
The brightness of a sign or a portion
thereof expressed in terms of footcandles. For the purposes of this
chapter, luminance shall be determined by the use of an exposure meter
calibrated to standards established by the National Bureau of Standards.
e.
Premises:
A lot or unplatted tract, or a combination
of contiguous lots or unplatted tracts if the lot or tract, or combination,
is under single ownership and is reflected in the plat records of
the county.
f.
Sign, abandoned:
A sign which, for at least
six continuous months, does not identify or advertise a bona fide
business, lessor, service, owner, product, or activity; for which
no legal owner can be found; or which pertains to a time, event, or
purpose which no longer applies.
g.
Sign, attached:
Any sign attached to, applied
on, or supported by, any part of a building (such as a wall or roof)
which encloses or covers usable space. (Also called "wall sign.")
h.
Sign, community event:
Any sign erected by
bona fide nonprofit organizations, including educational, charitable,
civic, philanthropic or local governmental agencies, which refer to
an activity or function of the organization. These signs may be temporary
off-premises signs. The activity must occur within the city or adjacent
city.
i.
Sign, changeable message:
Any sign whose face
is designed and constructed in a manner capable of changing messages
through a system of removable characters or panels attached to the
face of the sign. Signs of this type must be approved by council for
a specific use such as schools, churches, and other uses deemed appropriate
by council.
j.
Sign, detached:
Any sign connected to the ground
which is not an attached sign, inclusive of signs on movable objects,
except signs on vehicles which are moving or are parked only temporarily,
incidental to their principal use for transportation. (Also termed
"pole signs" or "freestanding sign.")
k.
Sign, device:
Any flag, hot air balloon, banner,
pennant, streamer, or similar device that moves freely in the wind.
All wind devices are considered to be signs, and are regulated and
classified as attached or detached, by the same rules as other signs.
(Also termed "wind device.")
l.
Sign, dilapidated or deteriorated:
A sign where
any portion of the finished material, surface, or message portion
of the sign is visibly faded, flaked, broken off, missing, cracked,
splintered, defective, or is otherwise visibly deteriorated or in
a state of disrepair so as not to substantially appear as it was intended
or designed to appear when originally constructed, or whose elements
or the structural support or frame members are visibly bent, broken,
dented, or torn, twisted, leaning, or at angles other than those at
which it was originally erected (such as may result from being blown
or by the failure of a structural support).
m.
Sign, incidental private:
Any temporary private
sign erected by property owners such as, but not limited to, lost
pets, birth announcements, birthdays, graduation, school activity
signs, contractor signs, and anniversaries.
n.
Sign, interior:
Any permanent sign located
within a building and visible to the outside of the building through
the windows.
o.
Sign, monument:
A detached sign with a continuous
masonry base approximately the same width as the actual signage and
the signage is attached to the base (see illustration 10 for example).
p.
Sign, obsolete:
Any sign which no longer serves
a bona fide use or purpose.
q.
Sign, movement control:
A sign which directs
vehicular or pedestrian movement within or onto the premises on which
the movement control sign is located.
r.
Sign, off-premises:
Any sign advertising a
business, activity, goods, products or services not usually located
on the premises where the sign is located or which directs persons
to any premises other than where the sign is located.
s.
Sign, on-premises:
Any sign, the content of
which relates to the premises on which it is located, referring exclusively
to the name, location, products, persons, accommodations, services
or activities of or on those premises, or the sale, lease, or construction
of those premises.
t.
Sign, pole:
Any detached sign which is not
a monument sign and is erected on a vertical framework consisting
of one or more uprights supported by the ground.
u.
Sign, political:
Any type of sign which refers
to the issues or candidates involved in a political election.
v.
Sign, portable:
Any sign which is not attached
or affixed to the ground, a building, vehicle, or other fixed structures
or object. Portable signs include those signs installed on wheels,
trailers, skids, and similar mobile structures.
w.
Sign, projected:
Any sign which extends out
or beyond the face of the building more than 18 inches.
x.
Sign, protective:
Any sign which is commonly
associated with safeguarding the permitted uses of the occupancy,
including, but not limited to, "no trespassing," and "no solicitors."
y.
Sign support:
Any pole, post, strut, cable,
or other structural fixture or framework necessary to hold and secure
a sign, providing that said fixture or framework is not imprinted
with any picture, symbol or word using characters in excess of one
inch in height, nor is internally or decoratively illuminated.
z.
Signs, temporary banner:
Any banner sign such
as, but not limited to, "now leasing", "grand opening", or "now enrolling".
Banners shall not exceed 50 square feet. Banners must be attached
to a building or self-supported and are prohibited on trees and utility
poles.
aa.
Sign, vehicular:
Any sign on any vehicle parked
temporarily, incidental to its principal use for transportation. This
definition shall not include signs which are being transported to
a site of permanent erection or identification, company name or logo
painted or permanently affixed to the vehicle or signs on vehicles
transporting goods or providing services.
206.
Single-family dwelling:
A dwelling designed
to be occupied by not more than one family on a separate platted lot.
207.
Small engine repair shop:
Shop for repair of
lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder
engines.
208.
Stable, commercial:
A stable used for the rental
of stall space or for the sale or rental of horses or mules.
209.
Stable, private:
An area used solely for the
owner's private purposes for the keeping of horses, mules or ponies,
and not kept for remuneration, hire or sale.
210.
Story:
That portion of a building, other than
a basement, included between the surface of any floor and the surface
of the floor next above it, or, if there be no floor above it, then
the space between the floor and the ceiling next above it. The average
height for a story shall be defined as 12 feet. The definition of
a story does not include parapets, gables, and other normal roof structures.
211.
Story, half:
A space under a sloping roof which
has the line of intersection of roof decking and wall face not more
than three feet above the top floor level, and in which space not
more than two-thirds of the floor area is finished off for use. A
half story containing independent apartment or living quarters shall
be counted as a full story.
212.
Street:
Any dedicated public thoroughfare which
affords the principal means of access to abutting property. A street
is termed a major thoroughfare or arterial when the right-of-way is
greater than 60 feet.
213.
Street, intersection:
Any street which joins
another street at an angle, whether or not it crosses the other.
214.
Street yard:
The area between the building
front or building line and the front property (right-of-way) line.
215.
Structure:
Anything constructed or erected,
the use of which requires location on the ground or which is attached
to something having a location on the ground (also see definition
of "Building").
216.
Structural alterations:
Any change in the supporting
members of a building, such as load-bearing walls or partitions, columns,
beams, or girders, or any substantial change in the roof or in the
exterior walls.
217.
Storage or wholesale warehouse:
A building
used primarily for the storage of goods and materials.
218.
Studios for photographer, musician, and artist:
A building or portion of a building used as a place of work by a
photographer, musician or artist.
219.
Studios for radio and television:
A building
or portion of a building used as a place for radio or television broadcasting.
219.5.
Tattooing:
The practice of producing
an indelible mark or figure on the human body by scarring or inserting
a pigment under the skin using needles, scalpels, or other related
equipment. The term "tattooing" includes the application of permanent
cosmetics or make-up.
220.
Telephone line and exchange:
A line for the
transmission of telephone signals and a central office in which telephone
lines are connected to permit communication but not including a business
office, storage or repair yards.
221.
Temporary:
Used or lasting for only a limited
period of time; not permanent.
222.
Temporary building:
Any nonresidential pre-manufactured
structure which is not originally manufactured or constructed at its
use site, required [requiring] on-site installation of utilities and/or
foundation.
223.
Theater (drive-in):
An open lot with its appurtenant
facilities devoted primarily to the showing of motion pictures or
theatrical productions on a paid admission basis to patrons seated
in automobiles.
224.
Theater or playhouse (indoor):
A building or
part of a building devoted to the showing of motion pictures, or for
dramatic, musical or live performances.
225.
Tire dealer, no open storage:
A retail establishment
engaged in the sale and/or installation of tires for vehicles, but
without open storage.
226.
Tire dealer, with open storage:
A retail establishment
engaged in the sale and/or installation of tires for vehicles, with
open storage.
227.
Tire retreading or capping:
The process by
which tires are treated with a new tread.
228.
Tool and machinery rental shop:
A building
or a portion of a building used for the display and rental of tools,
machinery and instruments.
229.
Tourist home (bed and breakfast inn or facility):
A dwelling occupied as a permanent residence by an owner or
renter which serves breakfast and in which sleeping accommodations
in not more than five rooms are provided or offered for transient
guests for compensation.
230.
Townhouse:
A dwelling on a single lot that
is part of a structure containing three or more units, each designed
for occupancy by one family with each unit attached by a common wall,
a minimum of 20 feet in length.
231.
Trade and commercial schools:
Establishments,
other than public or parochial schools, private primary or secondary
schools, or colleges, offering training or instruction in a trade,
art or occupation.
232.
Trailer court:
See "Mobile home park".
233.
Trailer, hauling:
A vehicle to be pulled behind
an automobile or truck which is designed for hauling animals, produce,
goods or commodities, including boats.
234.
Trailer home:
See "Mobile home".
235.
Trailer or mobile home space:
A plot of ground
within a mobile home park, trailer court, or mobile home subdivision
designed for the accommodation of one mobile home.
236.
Trailer rental:
The display and offering for
rent of trailers designed to be towed by light load vehicles.
237.
Trailer, travel or camping:
A portable or mobile
living unit used for temporary human occupancy away from the place
of residence of the occupants and not constituting the principal place
of residence of the occupants or designed to be towed behind another
vehicle.
238.
Transportation and utility structures/facilities:
Permanent facilities and structures operated by companies engaged
in providing transportation and utility services including but not
limited to railroad track rights-of-way, sewage pumping stations,
telephone exchanges, transit station turnarounds, water reservoirs
and water pumping stations.
239.
Truck:
A light or heavy load vehicle (see definition
for "light and heavy load vehicle").
240.
Truck and bus repair:
An establishment providing
major and minor automobile repair services to heavy load vehicles.
241.
Truck and bus leasing:
The rental of new or
used panel tracks, vans, trailers, recreational vehicles or motor-driven
buses in operable condition and where no repair work is done.
242.
Truck parking lot:
Area for parking heavy load
vehicles.
243.
Truck terminal:
An area and building where
cargo is stored and where trucks, including tractors and trailer units,
load and unload cargo on a regular basis. May include facilities for
the temporary storage of loads prior to shipment.
244.
Truck sales (heavy trucks):
The display, sale
or rental of new or used heavy load vehicles in operable condition.
245.
Truck stop:
Any building, land, area, or premises,
or portion thereof used for the retail dispensing or sales of fuels,
lubricants and accessories commonly utilized by heavy load vehicles,
but not including those uses listed under major automobile repair,
as applying to heavy load vehicles.
246.
Two-family dwelling, ("duplex"):
Two attached
dwellings in one structure, each designed to be occupied by one family
existing on a single platted lot.
247.
Usable open space:
An open area or recreational
facility which is designed and intended to be used for outdoor living
and/or recreation and meets the requirements of section 21.6(L).
248.
Use:
The purpose for which land or buildings
are or may be occupied in a zoning district.
249.
Used car dealer:
Retail sales, or offering
for sale, used automobiles or light load vehicles.
250.
Utility distribution/transmission lines:
Facilities
which serve to distribute and transmit electrical power, gas and water,
including but not limited to electrical transmission lines, gas transmission
lines, telephone lines and metering stations, whether operated by
the city or private utility company.
251.
Variance:
An adjustment in the application
of the specific regulations of the zoning ordinance to a particular
parcel of property which, because of special conditions or circumstances
of hardship peculiar to the particular parcel, is necessary to prevent
the property from being deprived of rights and privileges enjoyed
by other parcels in the same vicinity and zoning district. Only the
board of adjustment of the City of Highland Village can grant a variance.
251.5.
Vehicle storage or vehicle auction:
The storage, impoundment, or parking of three or more operable
motor vehicles on a lot, tract, or roadway for the purpose of holding
such vehicles pending sale or distribution regardless of whether such
sale or distribution occurs on the lot, tract, or roadway where the
vehicle is stored, impounded or parked or at another location.
252.
Veterinarian clinic:
An establishment where
animals and pets are admitted for examination and medical treatment.
(Also see "Kennels".)
253.
Wrecking yard (junkyard or auto salvage):
Any
lot upon which two or more motor vehicles of any kind, which are incapable
of being operated due to condition or lack of license, have been placed
for the purpose of obtaining parts for recycling or resale.
254.
Yard:
An open space at grade between a building
and the adjoining lot lines, unoccupied and unobstructed by any portion
of a structure from the ground upward, except where otherwise specifically
provided in this ordinance that the building or structure may be located
in a portion of a yard required for a main building. In measuring
a yard for the purpose of determining the width of the side yard,
the depth of a front yard or the depth of a rear yard, the shortest
horizontal distance between the lot line and the main building shall
be used. (See illustration 4 for example.)
255.
Yard, front:
A yard located in front of the
front elevation of a building and extending across a lot between the
side yard lines and being the minimum horizontal distance between
the front property line and the outside wall of the main building.
(See illustration 6.)
256.
Yard, rear:
The area extending across the rear
of a lot measured between the lot lines and being the minimum horizontal
distance between the rear lot line and the rear of the outside wall
of the main building. On both corner lots and interior lots, the rear
yard shall in all cases be at the opposite end of the lot from the
front yard. (See illustration 8.)
257.
Yard, side:
The area between the building and
side line of the lot and extending from the front lot line to the
rear lot line and being the minimum horizontal distance between a
side lot line and the outside wall of the side of the main building.
(See illustration 8.)
258.
Zero lot line dwelling:
Same as "Patio home".
259.
Zoning district:
A classification applied to
any certain land area within the city stipulating the limitations
and requirements of land usage and development.
260.
Zoning district map:
The official map upon
which the boundaries of the various zoning districts are drawn and
which is an integral part of the zoning ordinance.
(Ordinance 00-831, sec. 1, ex. A,
adopted 6/27/00; Ordinance
04-944, sec. 1, ex. A, adopted 3/9/04; Ordinance 2011-1097, sec. 5, adopted 3/22/11; Ordinance 2013-1138, sec. 1, adopted 8/13/13; Ordinance 2014-1172, sec. 3, adopted 9/23/14; Ordinance 2015-1187, sec. 3,
adopted 10/27/15; Ordinance
2019-1265, sec. 2, adopted 10/8/19; Ordinance 2022-1299 adopted 1/10/2023)
