The purpose of including definitions in this Ordinance is to
simplify the working of the Ordinance; and to give the meaning of
technical terms; and to eliminate ambiguities. Words that are in common
usage are not defined herein, but may be found in a Standard English
dictionary.
(Ordinance 081115-02 adopted 8/11/15)
Words used in the present tense include the future; words in
the singular include plural; and words in the plural include the singular.
The word "building," includes the word "structure." The word "shall"
or the word "must" is mandatory and not discretionary.
(Ordinance 081115-02 adopted 8/11/15)
A subordinate building or a portion of the main building,
the use of which is clearly incidental to or customarily found in
connection with and (except as otherwise provided in this Ordinance)
located on the same lot as the main building or principal use of the
land.
A use which is clearly incidental to or customarily found
in connection with (except as otherwise provided in this Ordinance)
on the same lot as the main use of the premises. When the word "accessory"
is used in the text, it shall have the same meaning as accessory use.
An enclosed space added to an existing dwelling unit which
will be habitable living space. The addition must have a roof and
walls. Specifically excluded are decks and unenclosed porches.
The raising, breeding and keeping of animals in concentrated,
confined conditions, which may include such operations as swine, veal,
sheep; houses and pens for poultry or other fowl; feed lots for beef,
dairy cattle, swine, sheep and other animals; livestock markets and
pet farms.
Establishments that sell alcohol shall be subject to compliance
with the Texas Alcoholic Beverage Code, as amended, and any applicable
local option elections.
A public thoroughfare which customarily affords only a secondary
means of access to abutting property,
Any fence or structure or device used to restrict an animal
or animals to a limited amount of space, such as a room, pen, run,
cage, compartment, pool, or hutch.
The raising, keeping and care of any domestic animals other
than customary household pets.
To erect, convert, enlarge, reconstruct or structurally alter
a building or structure.
specifies the required location of a new structure in relation
to the street frontages of a site, so that a proposed building will
effectively assist in shaping the public space of streets, maintaining
a strong street edge, and enhancing the comfort and convenience of
the pedestrian experience.
Any structure designed or built for the enclosure, support,
shelter or protection of persons, animals, chattels or property.
The latest version of the International Building Code adopted
by the City as the City Building Code.
The person designated by the City Council to be responsible
for the administration of the Zoning Ordinance in relation to regulations
and Building Codes. Qualified personnel would be eligible to test
for a commercial building inspection certification within one year
of a hiring date, with successful completion of the certification
process within eighteen months of a hiring date.
A line parallel or approximately parallel to the street line
at a specified distance therefrom creating the minimum distance from
the street line that a building may be required.
defines the outside limits of where buildings can be located
on a site. Exterior walls may be positioned any distance behind the
setback line, but no part of the building can extend any closer to
the edge of the property. Setbacks are designated where a minimum
dimension of open area is required, for health and safety or aesthetic
reasons.
The City of Hubbard, Texas.
A vehicle or combination of used to transport passengers
or property that:
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Has a manufacturer's rated carrying weight equal to or greater
than one and one-half (1-1/2) tons;
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Is designed to transport 16 or more passengers, including the
driver;
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Is transporting hazardous materials and is required to be placarded
under 49 C.F.R. Part 172, Subpart F;
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Is a "road tractor" as that term is defined in chapter 541 of
the Texas Transportation Code;
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Is a "truck tractor" as that term is defined in chapter 541
of the Texas Transportation Code;
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Is a "pole trailer" as that term is defined in chapter 541 of
the Texas Transportation Code; or
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Is a "semitrailer" as that term is defined in chapter 541 of
the Texas Transportation Code.
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The Planning and Zoning Commission of the City of Hubbard,
Texas.
Private property owned in common by and designed for the
private use of, the owners or occupants of a particular project or
subdivision. Common area uses include, but are not limited to, recreation
areas, parks and plazas, ornamental areas open to the general view
within the project or subdivision, and building setbacks not otherwise
required by ordinance. The common area does not include public streets,
alleys, required building setbacks or utility easements.
The City Council of the City of Hubbard, Texas.
A raised horizontal structure without roof or enclosed with
walls open to the sky which is accessory to the principal dwelling
and built at an elevation above natural grade; also, an area having
the characteristics of a patio but more than six inches (6") in height
at any point. Also called terrace.
A part of the City wherein regulations of this Ordinance
are uniform.
A building or portion thereof designed or used for residential
occupancy, including one-family, two-family, multifamily dwellings,
or mobile or manufactured housing, but not including boarding or lodging
houses, hotels, motels or recreation vehicles.
A room or group of rooms occupied or intended to be occupied
as separate living quarters by a single family or other groups of
persons living together as a household or by a person living alone.
ONE-FAMILY DWELLING: A building designed
and arranged exclusively for the use and occupancy of one family.
TWO-FAMILY DWELLING: A building designed
or arranged exclusively for the use and occupancy of two families
living independently of each other.
MULTIFAMILY DWELLING: A building designed
or arranged exclusively for the use and occupancy of three or more
families living independently of each other. The building may include
a triplex, apartment house, Cityhouse, condominium, cooperative or
high-rise, etc.
A person or persons, occupying a dwelling, living together
and maintaining a common household.
A temporary structure used for retail business of selling
fireworks.
The square feet of floor space within the outside line of
walls and including the total of all spaces on all floors. It does
not include porches, carports, breezeways, walkways or garages.
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 or if the street
is dead ended, then all of the property abutting on one side between
an intersecting street and the dead end of the street.
LOT FRONTAGE: The distance for which
the front boundary line of the lot and the street line are coincident.
An accessory building or portion of a principal building
used for the storage of private motor vehicles, in which no business,
occupation, or service for profit is in any way connected. The term
"garage" shall include the term "carport."
An agricultural structure constructed primarily of glass
or other translucent material and used for the production of crops,
nursery stock or similar agricultural product.
Use of a site for occupancy by a group of more than six persons
who are not a family, on a weekly or longer basis. This use includes
dormitories, residence halls, and boarding houses.
Any occupation or activity which is clearly incidental and
secondary to the use of the premises for dwelling purposes and which
is carried on wholly within the main building by a member of a family
residing on the premises, in connection with which there is no advertising
or sign other than a nameplate placed flat against a building, and
no other display or storage of materials or generation of substantial
volumes of vehicular or pedestrian traffic or parking demand or other
exterior indication of the home occupation or variation from the residential
character of the building; and in connection with which not more than
one person outside the family is employed and no equipment used which
creates noise, vibration, smoke, heat, dust, glare, odors, electrical
interference, any of which is offensive to persons of ordinary sensibility
in the neighborhood. When within the above requirements, a home occupation
includes the following: art studio, dress making, professional office
of a doctor, physician, dentist, lawyer, engineer, architect, builder,
accountant, salesman, real estate agent or insurance agent, or teaching
with musical instruction limited to two pupils at a time; however
a home occupation shall not be interpreted to include barbershops,
beauty parlors, restaurants or the conduct of a business involving
retail sales, but is intended to include only those personal services
which are subordinate to the use of the premises as a dwelling.
For the purpose of this Ordinance, junkyard shall mean any
place where the storing, dismantling, wrecking, and disposition of
junk is carried on, but does not include uses established entirely
within enclosed buildings in conformance with all other provisions
of the Zoning Ordinance. The term includes automobile wrecking yards
and salvage areas used for the storage, keeping or abandonment of
junk and scrap metals.
Any lot or premises on which five or more dogs, cats, or
other domestic animals, at least four months of age, are housed or
accepted for boarding, training, grooming and/or bathing for which
remuneration is received. A noncommercial kennel is a place prepared
to house, board, breed, handle or otherwise keep or care for five
(5) or more adult dogs. A commercial dog kennel is a place prepared
to house, board, breed, handle or otherwise keep or care for dogs
for sale or in return for compensation.
A horizontal, unenclosed platform that is attached to the
principal structure adjacent to an entry; that not including steps,
does not exceed 6 feet in depth perpendicular to the structure or
8 feet wide; and which leads to an entry door. It may have a roof
(covered landing). (Also commonly referred to as steps or a stoop.)
The square footage of all habitable floor areas under roof,
including attics, lofts, basements, enclosed patios and enclosed porches,
servant guesthouses, but excluding pergolas, open patios and open
porches and garages.
A building other than a hotel or motel where lodging and/or
meals are provided for persons for compensation.
A parcel of land adequate for occupancy by a use herein permitted,
providing the yards, area and off-street parking herein required and
fronting directly on a street.
The distance from the front street line to the rear line
measured in the mean direction of the sidelines.
The mean horizontal distance between the side lot lines measured
at right angles to the depth.
The building or buildings on a lot which are occupied by
the primary use.
A single-family house constructed in a factory and built
to the federal Manufactured Home Construction and Safety Standards.
Manufactured homes produced prior to June 15, 1976 when the
Department of Housing and Urban Development Manufactured Home Construction
and Safety Standards Code went into effect.
A facility offering temporary lodging accommodations or guestrooms
on a daily rate to the general public and providing additional services,
such as restaurants, meeting rooms, housekeeping service and recreational
facilities. A guest room shall be defined as a room designed for the
overnight lodging of hotel guests for an established rate or fee.
The lowest grade at the location of each proposed building
unaffected by construction techniques such as fill, landscaping or
berming.
A kiosk structure built with a roof and designed for outdoor
sales.
A building or premises lawfully occupied by a use at the
time at the passage of this Ordinance or amendment thereto with the
use regulations of the district in which it is situated.
A property owner, as reflected in title records, makes his
or her legal residence at the site, as evidenced by voter registration,
vehicle registration, or similar means.
An all-weather surface area not in a street or alley and
having an area of not less than 180 square feet, exclusive of driveways,
permanently reserved for the temporary storage of one automobile and
connected with a street or alley by an all-weather surface driveway
which affords satisfactory ingress[,] egress or automobiles.
A flat, leveled horizontal structure having a base floor
area at or below natural grade and open to the sky which is without
roof or walls and surfaced with wood, macadam, masonry, stone, brick,
block or other such material.
Land together with all buildings and structures thereon.
In the Americans with Disabilities Act (ADA), defined as
"easily accomplishable without much difficulty or expense."
A temporary removable structure without foundation or intended
to be used solely by the owner or tenant of the property on which
it is located for the sale of agricultural produce where fifty (50)
percent or more of the gross income received from the market is derived
from produce raised on farms owned or operated by the market operator
in a normal crop year.
As defined by state law, include "a sex parlor, nude studio,
Hubbarding studio, love parlor, adult bookstore, adult movie theater,
adult video arcade, adult video store, adult motel, or other commercial
enterprise, the primary business of which is the offering of a regular
service or selling, renting, or exhibiting of devices or any other
items intended to provide sexual stimulation or sexual gratification
to the customer."
A containment receptacle which is used or designed to be
used in intermodal transportation or over-the-road shipping that consists
of a truck trailer body that may be detached from the chassis, either
with or without a permanent affixed chassis, for loading onto a ship
or other vessel, a rail car, or stacked in a container depot and used
in intrastate and international commerce for the shipment of goods
and merchandise. Such a container when used for industrialized buildings
shall comply with the State of Texas Industrialized Housing and Building
Act.
The unobstructed view of a driver of a motor vehicle or a
pedestrian within a "Sight Triangular Area" at the intersection of
two public road rights-of-way.
A triangular shaped area within a right triangle formed by
the intersection of the right-of-way lines from the point of intersection
for a distance of twenty feet (20') to the hypotenuse and extending
vertically in which nothing is erected, placed, planted or allowed
to grow over a height of three feet (3') above any portion of the
crown of the adjacent roadways in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
A public thoroughfare which affords the principal means of
access to abutting property.
Anything constructed or erected, which requires a location
on the ground, or attached to something having a location on the ground,
including but not limited to advertising signs, billboards and poster
panels.
Any change in the supporting members of a building, including
but not limited to bearing walls or partitions, columns, beams or
girders, or any substantial change in the roof or in the exterior
walls.
A living, woody plant having a well-defined stem, a more
or less well-defined crown, and which is capable of attaining a height
of at least fifteen feet (15').
An open area between a lot line and a setback, unobstructed
and unoccupied from the ground upward, except for projections permitted
by this Zoning Ordinance.
An open area extending across the full width of the lot and
lying between the front lot line and the nearest line of the principal
structure. The lot line of a lot abutting a public street shall be
deemed the front lot line.
An open, unoccupied space, except for accessory buildings
as herein permitted, extending across the rear of a lot from one side
lot line to the other side lot line and having a depth between the
building and the rear lot line as specified in the district in which
the lot is situated.
An open, unoccupied space or spaces, except for accessory
buildings as herein permitted, on one side or two sides of a main
building and on the same lot with the building situated between the
building and a side line of the lot and extending through from the
front yard to the rear yard. Any lot line, not the rear line or a
front line, shall be deemed a side yard.
The City employee charged with responsibility of enforcing
this ordinance in relation to administrative procedures.
(Ordinance 041503-4, sec. 1, adopted 4/15/03)
