(a)
For the purposes of this article, certain words and terms that apply to this article are defined in section 14.02.092 hereof. As to words and terms not defined in this article, the same shall be as defined elsewhere in this code; or, if not elsewhere herein defined, then as defined in the most recently published edition of Webster’s New Collegiate Dictionary.
(b)
Words used in the present tense shall include the future, words used
in the singular number shall include the plural number, and words
used in the plural shall include the singular.
(c)
The word “shall” is mandatory and not discretionary.
(d)
The word “may” is permissive.
(e)
The phrase “used for” shall include the phrases “arranged
for,” “designed for,” “intended for,”
“maintained for,” “occupied for,” and shall
apply exclusively to physically existing uses.
(2005 Code, sec. 17.3.01)
For the purposes of this article, certain terms, words, and
phrases shall have the meanings assigned thereto in this division.
A means of passage to and from a place.
An accessory structure intended for habitation that contains
at least one bathroom and a kitchen. Accessory dwellings shall not
be permitted without a principal structure in existence.
An accessory storage structure is an accessory structure
that is less than 300 square feet, has no electricity, plumbing and
no permanent foundation. An accessory storage structure may not be
used for habitation.
A subordinate use or building incident to and located on
the lot occupied by the main use or structure. When a substantial
part of the wall of an accessory structure is a part of the wall of
the principal structure in a substantial manner, as by a roof, such
accessory structure shall be deemed a part of the principal structure.
Accessory structures are subject to applicable zoning district regulations.
Any lot, parcel or piece of land that shares with the lot
under consideration a common lot line, alley or any point of tangency.
A public way less in size than a street, designed for the
special accommodation of abutting property, and not intended for general
travel or primary access.
An establishment offering entertainment or games of skill
to the general public for a fee or charge.
A dwelling unit in an apartment house.
A building or portion thereof arranged, designed or occupied
as two or more dwelling units not for transient use.
The collecting and dismantling or wrecking of used motor
vehicles or trailers, or the storage, sale or dumping of dismantled,
partially dismantled, obsolete, or wrecked motor vehicles or their
parts.
A tract of land bounded by streets or by a combination of
streets, and public parks, cemeteries, or corporate boundaries of
the city.
The board of adjustment of the city.
An establishment permitted under the local option alcohol
laws in place at the location of the establishment, which holds a
valid brewpub license from the Texas Alcoholic Beverage Commission
(“TABC”). A brewpub may conduct all activities permitted
by individuals holding a valid TABC brewpub license.
An area of land, together with specified planting and/or
structures thereon, which may be required between land uses of different
intensities to eliminate or minimize conflicts between such uses.
To erect, convert, enlarge, reconstruct, restore or alter
a building or structure.
Any structure which is built for the support, shelter or
enclosure of persons, animals, chattels, or movable property of any
kind.
A line established, in general parallel to the front curbline,
between which and the front curbline in which no part of a building
shall project, except as otherwise provided in this article.
An office and warehouse complex that meets the standards of section 14.02.224(a)(12) of this article.
Generally, an all steel container with strength to withstand
shipment, storage and handling. Such containers include reusable steel
boxes, freight containers and bulk shipping containers; originally
a standardized reusable vessel that was designed for and used in the
parking, shipping, movement, transportation or storage of freight,
articles or goods or commodities; generally capable of being mounted
or moved on a rail car; truck trailer or loaded on a ship.
A facility used for any type of group child care program,
including without limitation nurseries for children of working parents,
nursery schools for children under the minimum age for education in
public schools, privately conducted kindergartens not a part of a
public or parochial school, and programs for after-school care of
more than six (6) children exclusive of children in the immediate
family of the operator of the facility.
The City of Dalworthington Gardens.
A building in which a group of physicians, dentists, or physicians
and dentists and allied professional assistants are associated for
the purpose of treating and diagnosing ill or injured outpatients.
A clinic may include a dental or medical laboratory or dispensing
apothecary.
A place for the storage or parking of motor, man-powered
or unpowered vehicles for a fee.
The planning and zoning commission of the city.
The city council of the city.
An open, unoccupied space bounded on more than one side by
the walls of a building or buildings and used as a primary means of
access to all or any part of said buildings. For the purpose hereof,
an alcove or entranceway less than twenty (20) feet in depth shall
not be considered a court.
An organization that obtains for a consumer or assists a
consumer in obtaining an extension of credit in the form of a deferred
presentment transaction or a motor vehicle title loan, particularly
as those terms are defined in the Texas Finance Code, Chapter 393
as amended.
A use of a building or premises, not involving the conduct
of a business, which use is only secondary to the principal use and
is indispensably necessary to the enjoyment of the premises for any
of the principal uses permitted within a zoning district. A customarily
incidental use may include a customary home occupation.
(See “Home occupation” [in] this division.)
“Development” shall mean the construction of
one or more new buildings or structures on one or more building lots,
the location of an existing building on another building lot, or the
use of open land for a new use. “To develop” shall mean
to create a development.
A zoning district; a section of the city for which the regulations
governing the area, height, and use of buildings and land are uniform.
A detached building having separate accommodations for and
occupied as, or to be occupied as, a dwelling for only two families.
A building or a portion thereof designed or used exclusively
for residential occupancy, including single-family dwellings, two-family
dwellings and multiple-family dwellings, but not including hotels
or motels.
A dwelling which is joined to another dwelling at one or
more sides by a partial wall or walls.
A dwelling which is entirely surrounded by open space on
its building lot.
A building used or designed as a residence for three or more
families or households living independently of each other.
A detached dwelling having accommodations for and occupied
by only one family.
One or more rooms arranged, designed, or used as separate
living quarters for an individual family. Kitchen facilities, including
at least a stove or cooking device, and a permanently installed sink,
plus bathroom facilities, shall always be included for each dwelling
unit.
Authorization by a property owner of the use by another,
including the city and/or public agencies, for a specified purpose,
of any designated portion of property. A “surface” easement
describes an easement for which the authorization of use includes
activities which occur at or above ground level and which the use
of such property for other above-ground uses limits.
Elementary, junior high, high schools, junior colleges, colleges,
or universities or other schools giving general academic instruction
in the several branches of learning and study required by the State
of Texas.
A place of business.
An individual or two or more persons related by blood, marriage
or adoption; or a group of not more than five persons, excluding servants,
who need not be related by blood or marriage, living in a dwelling
unit.
A masonry wall or a barrier composed of posts connected by
boards, rails, panels or wire for the purpose of enclosing space or
separating parcels of land. The term “fence” does not
include retaining walls.
The finished surface of the floor of the first story of a
structure - i.e., the story, the floor of which is closest in vertical
elevation to the most adjacent grade of the structure.
A building used for the storage of motor vehicles for the
private use of the occupants of the premises.
Any building not a private garage, used for housing motor
vehicles; or, a place where vehicles are repaired for operation or
kept for remuneration, hire or sale. A commercial motor vehicle parking
facility.
The lowest point of elevation of the finished surface of
the ground between the exterior of a structure and a point five (5)
feet therefrom.
When applied to a building, the area in square feet measured
by taking outside dimensions of the building at each floor, excluding
however, the floor area of basements or attics when not occupied or
used.
A facility, other than a hospital, for the care of the chronically
ill, aged or infirm residents of the premises, and typically not containing
equipment or facilities for surgical care.
The engagement of a person in a branch of the fine arts or
sciences for pleasure, conducted as a spare-time activity. Such activity
shall not be engaged in for business profit, and any remuneration
shall be secondary and incidental to the pursuit. Such activity shall
be carried on within an enclosed or screened area and shall not involve
any activity that requires open storage of automobiles, building materials,
glassware or antiques, used furniture or other materials or goods.
Any occupation or activity which is clearly incidental and
secondary to the use of premises for dwelling purposes, is carried
on within the dwelling, and is not detrimental or injurious to the
economic or aesthetic value of adjoining property. Customary home
occupations shall include the sale of farm produce grown on the same
premises as the primary residence, but shall not include: barber or
beauty shops, carpenters’, electricians’, or plumbers’
shops; radio shops, auto repairing, auto painting, furniture repairing,
sign painting, or any other form of merchandising activity; or, child
care in excess of four (4) children not members of the family residing
in the home.
An institution in which there are complete facilities for
diagnosis, treatment, surgery, laboratory, X-ray, nursing, and the
prolonged care of bed patients.
A building or buildings used as the more or less temporary
abiding place of individuals who are lodged with or without meals,
in which the rooms are occupied for hire, and there is generally a
common kitchen.
A structure:
Constructed on or after June 15, 1976, according to the rules
of the United States Department of Housing and Urban Development;
Built on a permanent chassis;
Designed for use as a dwelling with or without a permanent foundation
when the structure is connected to the required utilities;
Transportable in one or more sections; and
In the traveling mode, at least eight body feet in width or
at least 40 body feet in length or, when erected on site, at least
320 square feet.
Includes the plumbing, heating, air-conditioning, and electrical
systems of the home; and
Does not include a recreational vehicle.
A surface which does not absorb water, including all building
roofs, paved parking areas and driveways, roads, sidewalks, structures,
and any other areas of concrete, asphalt or similar surface.
A building occupied by a nonprofit corporation; a nonprofit
establishment for public use.
Premises on which waste or scrap materials are bought, sold,
exchanged, stored, packed, disassembled or handled, including but
not limited to scrap iron and other metals, paper, rags, rubber tires,
bottles and used building, materials. This term shall also include
an automobile wrecking yard and automobile parts yard.
An establishment for the breeding, raising or boarding of
four (4) or more dogs, cats or other domestic household animals, at
which establishment provisions are made for the enclosure of such
animals in runs, cages, yards, or pens.
Land occupied or to be occupied by a building and its accessory
buildings and including such open spaces as are required under this
article and having its principal frontage upon a public street or
officially approved place, the boundaries of which have been fixed
by plat pursuant to chapter 212 of the Local Government Code of Texas.
A lot abutting upon two (2) or more streets at their intersection.
A boundary of a building lot.
An area of land designated as a lot on a plat of a subdivision
recorded pursuant to statute with the county clerk of Tarrant County,
Texas.
A panhandle lot is a lot, other than a cul-de-sac lot, which
is not of a buildable width when measured at the street frontage of
the lot.
The length of a line extending from side lot line to side
lot line of a nonresidential lot, measured along the street frontage
of the lot.
The length of a line extending from side lot line to side
lot line of a residential lot, parallel to the street frontage of
the lot.
Referring to building exterior walls and screening devices,
fired clay brick or natural stone.
A vehicle mounted or a trailer or food concession apparatus
intended to be pulled by a vehicle that provides a fee based, licensed
food service operation that may require utility access in order to
operate and is meant to be left in place longer than the time period
permitted for a mobile food unit. A human pushed or pulled cart or
trailer or mobile device is not a permissible form of a mobile food
establishment.
Either:
A self-contained, licensed, motorized vehicle, fee based food
service operation designed to be readily moveable and commonly referred
to as a "food truck"; or
A vehicle mounted or a trailer or food concession apparatus
intended to be pulled by a vehicle that provides a fee based, licensed
food service operation that may require utility access in order to
operate. A human pushed or pulled cart or trailer or mobile devise
is not a permissible form of mobile food unit.
A structure:
Constructed before June 15, 1976;
Built on a permanent chassis;
Designed for use as a dwelling with or without permanent foundation
when the structure is connected to the required utilities;
Transportable in one or more sections, and in the traveling
mode, at least eight body feet in width or at least 40 body feet in
length or, when erected on site, at least 320 square feet; and
Includes the plumbing, heating, air-conditioning, and electrical
systems of the home.
A hotel with accommodations for the parking of motor vehicles
in close proximity to guest rooms.
An area, other than a street, used for the display, sale
or rental of new or used automobiles, trucks or trailers, where no
repair work is done, except minor reconditioning of motor vehicles
or trailers to be displayed, sold or rented on the premises. Such
area shall not include automobile wrecking or dismantling or the sale
of salvaged parts, nor shall it include the storage of either new
or used motor vehicles or trailers.
An establishment operated as a nonprofit, noncommercial repository
for a collection of scientific, natural or literary curiosities or
objects of interest or works of art, not including the regular sale
or distribution of the objects collected.
A use that does not conform to the regulations or use in
the zoning district in which it is located but which may legally continue
because such use predated the application of the zoning ordinance
to it and has not since been abandoned.
The area included in any side, rear or front yard or any
unoccupied space on a lot that is open and unobstructed to the sky
except for the ordinary projection of cornices, eaves or porches.
The storage of any equipment, machinery, building materials
or commodities, including raw, semi-finished and finished materials,
the storage of which is not accessory to a residential use, and which
is visible from ground level; provided, however, that vehicular parking
shall not be deemed to be open storage.
A surface area, enclosed or unenclosed sufficient in size
to store one automobile, with a surfaced driveway connecting the parking
space with the street or alley, and permitting ingress and egress
of an automobile.
The business location of a pawnbroker, as defined by and
licensed pursuant to state law.
An establishment supplying limited personal services such
as: cleaning and laundry collection, self-service laundry, interior
decorating, watch and jewelry repair, art gallery, library, museum,
studio for professional artwork, photography, dance or fine arts,
including teaching of applied and fine arts.
The primary or predominant building on a lot. The principal
structure must meet the minimum requirements for structures in the
zoning district in which the structure is located.
An establishment utilizing offset, letter press, or other
duplicating equipment.
A non-governmental educational institution accredited by
a national or regional association of institutions of like kind; or,
a privately owned, state-licensed vocational or technical training
school.
An office occupied by a doctor, lawyer, dentist, engineer,
or any other vocation involving predominately mental or intellectual
skills and requiring state licensure, but specifically excluding any
activity involving sales of personal property; and, excluding also
veterinary clinics.
An area devoted to facilities and equipment for recreational
purposes, swimming pools, tennis courts, playgrounds, community clubhouses,
and other similar uses.
A vehicular, portable structure built on a chassis, either
self-powered or trailer, and designed to be used as a temporary dwelling.
An RV shall include a travel trailer, motor home, pickup camper, or
any variation thereof.
A private recreation facility located within a single- and/or
multi-family residential development, designated and intended for
the use in common of residents of the development and/or members of
the operating club or association and their guests, but not the general
public, and including such recreational amenities as a swimming pool,
tennis courts, racquetball courts, sauna, exercise room and similar
facilities, and food and beverage service.
Any premises on which one or more RVs may be parked or situated
and used for the purpose of supplying to the public a parking space
therefor.
A barrier of stone, brick, pierced brick or block, uniformly
colored wood or other permanent material of equal character, density
and design, not more than six (6) feet in height.
A collateral use of land or buildings which is customarily
done or performed in conjunction with a permitted principal use, but
not constituting a majority of either the employment, area or revenues
of the combined uses.
A composite arrangement of shops and stores which provide
a variety of goods and services to the general public, when the same
are developed as an integral unit.
The rental for compensation, of any residence or residential structure, or a portion of a residence or residential structure, located within a residential zoning district, for the purpose of overnight lodging for a period of not more than thirty (30) days. A short-term rental shall not include a hotel or motel. A short-term rental is further subject to the provisions of article 4.09 of the code.
A name, identification, description, display or illustration
which is affixed to or represented directly or indirectly upon a building,
structure or piece of land, which sign directs attention to an object,
project, place, activity, institution or business; provided, however,
that this term shall not include a display of an official court or
public notice nor the flag, emblem or insignia of a nation, political
unit, school or religious group.
Any sign designed to give forth any artificial light or to
reflect light from one or more sources, natural or artificial.
A business establishment that is dedicated, in whole or in
part, to the use or consumption of smoking products, including but
not limited to establishments known variously as cigar lounges, hookah
lounges, cigar cafes, hookah cafes, cigar bars, hookah bars, tobacco
bars, cigar clubs, hookah clubs, tobacco clubs, etc. and includes
any establishment that allows:
Tobacco, tobacco substitutes, any similar substances, or
any type of material designed, adapted, or intended to be smoked.
A stable with a capacity for not more than four (4) horses,
mules or other domestic animals.
The retention and housing of goods, wares and merchandise
preliminary to the sale or use thereof. As such term is applied to
open storage the use as described above or, if at the location of
retail sale, rental or lease, the exhibition of goods, wares or merchandise
for a period of more than three (3) consecutive business days.
That portion of a building between the surface of any floor
and the surface of the floor next above it, or if there is no floor
above it, then the space between such floor and the ceiling next above.
Any public thoroughfare dedicated to the public use and not
designated as an alley or officially approved place.
An establishment whose services include tattooing and/or
body piercing. Tattooing shall mean the placing of designs, letters,
figures, symbols, or other marks upon or under the skin by means of
the use of needles or other instruments designed to contact or puncture
the skin. Body piercing shall mean the creation of an opening in an
individual’s body to insert jewelry or another decoration.
A street designated as a major thoroughfare on the last officially
adopted “Plan for Major Thoroughfares” of the city.
A row of single-family attached dwelling units which constitute
an architectural whole.
When applied to land or buildings, the purpose or activity
for which such land or building thereon is designed, arranged or intended,
or for which it is occupied or maintained.
An adjustment in the application of the specific regulations
of this article to a particular piece of property, which property
because of special circumstances uniquely applicable to it is deprived
of privileges commonly enjoyed by other properties in the same vicinity
and zone, and which adjustment remedies disparity in privileges.
A place where a veterinarian maintains treatment facilities,
soundproof, with no outside runs.
A building used for the storage of goods, wares and merchandise,
including offices and sales space.
An office for the conduct of the business of selling tangible
personal property to retail establishments.
An establishment permitted under the local option alcohol
laws in place at the location of the establishment, which holds a
valid winery permit from the Texas Alcoholic Beverage Commission (“TABC”).
A winery may conduct all activities permitted by individuals holding
a valid TABC winery permit.
Any open space, other than a court, on a lot unoccupied and
unobstructed from the ground upward unless specifically otherwise
permitted in this article.
A yard extending along the whole length of the front lot
line between the side lot lines and being the minimum horizontal distance
between the street right-of-way line and main building or any projections
thereof other than steps and unenclosed porches.
A yard extending across the rear of a lot between the side
lot lines and being the minimum horizontal distance between the rear
lot line and the rear of the principal building or any projections
thereof other than steps, unenclosed balconies, or unenclosed porches.
A yard extending along the side lot line from the front yard
to the rear yard, being the minimum horizontal distance between any
building or projections thereof and the side lot line.
The person designated by the council to enforce and administer
the provisions of this article and his or her designated representative.
The map or maps incorporated into this article as a part
hereof by reference thereto.
(2005 Code, sec. 17.3.02; Ordinance 12-07 adopted 10/18/12; Ordinance 2018-01, sec. 1, adopted 2/15/18; Ordinance 2018-05, sec. 1, adopted 3/27/18; Ordinance 2019-05, sec. 1, adopted 7/18/19; Ordinance 2020-02, sec. 1, adopted 2/20/20; Ordinance 2020-12 adopted 12/17/20; Ordinance
2022-17 adopted 7/21/22; Ordinance 2022-22 adopted 11/17/2022; Ordinance
2022-31 adopted 12/15/2022)
