For the purpose of this article certain terms and words are hereby defined as follows:
The words “used for” include “designated for” and vice versa; words used in the present tense include the future; words in the singular number include the plural number and vice versa; the word “building” includes the word “structure”; the word “dwelling” includes the word “residence”; the word “lot” includes the word “plot”[;] and the word “shall” is mandatory and not directory.
Accessory Building.A subordinate building customarily incidental to and located on the same lot with the main building, and which is reasonably necessary and incidental to the conduct of the primary use of such building.
Accessory Use.A subordinate use customarily incidental to and located on the same lot with the main use, and which is reasonably necessary and incidental to the conduct of the main use.
Alley.A public way which customarily affords only secondary means of access to abutting property.
Automobile Wrecking Yard or Junk Yard.Any building, structure or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging, storage and scrapping of any other goods, articles or merchandise.
Billboard.A billboard is an off-premises object, device, display, sign, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words, letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises commercial or political signage nor small commercial or non-commercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors, or by or on behalf of political candidates or issues.
Board.The zoning board of adjustment of the city, whose members shall be the city council.
Building.Any structure designed or built for the enclosure, support, shelter, or protection of persons, animals, chattels or property.
Changeable Electronic Variable Message Sign (CEVMS).A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including but not limited to an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the public right-of-way that functions as a traffic-control device and that is described and identified in the Manual on Uniform Traffic-Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.
City.The City of Sundown, Texas.
Clinic.An office or group of offices for one or more physicians, surgeons, dentists or chiropractors engaged in treating the sick or injured as outpatients.
Commission.The planning and zoning commission of the City of Sundown, Texas.
Council.The city council of the City of Sundown, Texas.
Curb Grade.The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the city engineer shall establish such curb grade or its equivalent for the purpose of this article.
Day Nursery.A place maintained or conducted under public or private auspices which care for no more than ten (10) children during a part of the twenty-four (24) hours of the day.
Dwelling.A building or portion thereof designed exclusively for residential occupancy, including one family, two family, and multiple family dwellings.
Dwelling, Townhouses or Condominiums.A dwelling unit constructed as a series of dwelling units, and which are either attached to the adjacent dwelling or dwellings by party wall or are located immediately adjacent thereto with no visible separation between walls or roof. It is required by the City of Sundown that any townhouse or condominium have an attached garage.
Dwelling, Duplex.A building designed for occupancy by two (2) individuals or families living independently of each other within separate units which have a common wall and under one (1) roof.
Dwelling, Multi-Family.A building designed for occupancy by three (3) or more individuals and/or families living independently of each other within separate units.
Dwelling, Two Family.A building or buildings designed for occupancy by two (2) individuals or families living independently of each other within separate units which do not have a common wall and are not under one (1) roof but which are located on the same lot.
Dwelling Unit.One (1) or more rooms in a dwelling designed for occupancy by one (1) individual or family living independently as a single housekeeping unit, with no more than one (1) kitchen unit.
Efficiency Unit.A one (1) room dwelling, designed for occupancy by one (1) person, containing two hundred and fifty (250) through three hundred and fifty (350) square feet of net floor area, which may include kitchen facilities within the room and shall have a bathroom within such area.
Family.A person or persons, occupying a dwelling, living together and maintaining a common household, of which not more than three (3) may be boarders or roomers.
Frontage.(1) Street Frontage.All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street of the street or if the street is a dead end, then all of the property abutting on one side between an intersecting street and the dead end of the street.
(2) Lot Frontage.The distance for which the front boundary line of the lot and the street line are coincident.
Home Occupation.An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a “residential dwelling” as hereinafter defined, subject to compliance with each of the following conditions:
(1) “Residential Dwelling” as used in this section shall mean a detached building designed, used and occupied exclusively by members of one (1) family as a residence.
(2) No person other than members of a family who reside in the residential dwelling be engaged in such occupation, profession, domestic craft or economic enterprise.
(3) Such use be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft or economic enterprise shall never exceed twenty-five (25) percent of the total of the floor area of the residential dwelling.
(4) To prevent increased traffic congestion in residential areas, no advertising of the occupation, profession, domestic craft or enterprise be conducted by means of any device such as a sign, display, handbills or other visible indication thereof displayed inside or outside the residential dwelling.
(5) The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
(6) No exterior storage of material equipment and/or supplies used in conjunction with such occupation, profession, domestic craft or enterprise be placed, permitted or allowed on the premises occupied by the residential dwelling.
(7) There be no offensive noise, vibration, smoke, dust, odors, heat or glare beyond the property lines.
(8) Such occupation, profession, domestic craft or enterprise be wholly within the residential dwelling and no accessory building be used in conjunction therewith, other than as storage.
(9) Only equipment be used in such occupation, profession, domestic craft or enterprise that is ordinarily used in a private home in a like amount and kind.
House, Zero Lot Line.A residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows or other openings.
HUD-Code Manufactured Home.Means a structure constructed on or after June 15, 1976, according to the rules of the United State Department of Housing and Urban Development, 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 to 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 C.F.R. Section 3282.8(g).
Landscape Screen.Plant material of the evergreen variety, a minimum of six (6) feet in height at the time of installation and planted on four (4) feet centers. All such landscape screens shall be permanently maintained.
Loading, Space.An area within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 15 by 40 feet and a vertical clearance of at least 14 feet.
Lodging or Boarding House.A building other than a hotel, where lodging and/or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but for the public or transient.
Lot.Means an undivided parcel of land adequate for occupancy by a use herein permitted, providing the yards, area, and off-street parking herein required and fronting directly upon a street, which parcel of land is identified by a tract or lot number in a duly approved subdivision plat of record.
Lot, Depth.The distance from the front street line to the rear line measured in the mean direction of the side lines.
Lot, Width.The mean horizontal distance between side lines measured at right angles to the depth.
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 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.
Mobile Home Park.A mobile home park means any tract of land with single ownership where accommodation is provided for nontransient mobile home or HUD-code manufactured home use.
Modular Homes.A modular home is a dwelling that is manufactured in two or more modules at a location other than the homesite and which is designed to be used as a residence when the modules are transported to the homesite, and the modules are pinned together and installed on a permanent foundation system. The term modular home shall not mean nor apply to:
(1) Sectional or panelized housing in which the basic components assembled at the home site are not at least three dimensional modules; and
(2) Ready-built homes which are constructed so that entire living areas are contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Nameplate.A sign not larger than two square feet in area identifying the owner or occupant of a premises and the street address and which does not contain flashing or intermittent illumination.
Nonconforming Use.A building or premises existing legally at the time of the passage of this article which does not by reason of use conform to the regulation of the district in which it is situated.
Off-Street Parking Space.An all weather surfaced area enclosed or unenclosed not in a street, alley or other right-of-way, and having an area of not less than one hundred and eighty (180) square feet, inclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with the street by all weather surfaced driveway which affords satisfactory ingress and egress for automobiles.
Premises.The contiguous land in the same ownership or control which is not divided by a street, together with any building or structures occupying it.
Ready-Built Homes.A ready built home is a dwelling which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving it to another location to be placed on a permanent foundation system and the home completed for the purposes of making a liveable residence.
Recreational Vehicle.A portable structure, self-propelled or towable by another vehicle, of such size and weight as not to require special highway movement permits, primarily designed, constructed or modified to provide temporary living quarters while in transits, or for recreational camping purposes or for profit. Recreational vehicles include travel trailers, camping trailers, truck campers, and motor homes.
Recreational Vehicle Park.A parcel of land on which two or more spaces are used or intended for use by transient recreational vehicles and their occupants.
Screening Fence.A solid six (6) foot fence or wall of wood, filled chain link, or masonry construction or equivalent landscape screen which shall be installed prior to or concurrently with the first building permit issued for a lot, and which shall be permanently maintained.
Sign.Any surface, fabric, device, display or visual medium, including the component parts, which bears letters, pictorial forms or sculptured matter, including logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign. Graphics painted upon the side of a building which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. The term “sign” includes a billboard and a CEVMS. The term "sign" includes the sign structure.
Street.A public thoroughfare which affords the principal means of access to abutting property.
Structure.Anything constructed, installed, built, or erected, which requires a permanent location on the ground, or which is attached to something that has a permanent location on the ground.
Structural Alterations.Any change in the supporting members of a building, including, but not limited to bearing wall or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Use.The purpose for which land or building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
Visibility Triangle.An unobstructed parcel of land located at the intersection of two streets across which vehicles must be able to see in order to allow safe traffic flow through intersections. Within the visibility triangle no foliage or structures are permitted to be taller than thirty-six (36) inches above the curb grades.
Yard.An open space on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this article.
(1) Front Yard.The front of a lot shall be considered to be that side of the lot which fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street which the greatest number of lots abut.
(2) Yard, Side.An open unoccupied space on the same lot with the building between the main building and the adjacent side of the lot, and extending entirely from the front yard to the rear lot line thereof.
(Ordinance 394 adopted 6/11/04; Ordinance 457, sec. I, adopted 11/28/06; Ordinance 478, secs. I–V, adopted 10/14/08; Ordinance 593 adopted 6/13/2023)