Words used in the present tense include the future; words in
the singular number include the plural, and words in the plural number
include the singular; the word “building” includes the
word “structure”; the word “shall” is mandatory,
and not permissive. The word “used” or “occupied”
includes the words “intended,” “designed,”
or “arranged to be used or occupied.” The word “lot”
includes the word “plot” or “parcel.”
(Ordinance 1169, sec. 14.301, adopted 11/12/19)
The following words, terms and phrases, when used in these zoning
regulations, shall have the meanings ascribed to them below, except
where the context clearly indicates a different meaning:
Contiguous or sharing a common border or boundary with other
property. Abutting, adjacent and adjoining shall include property
immediately across an alley but shall not include property across
a street.
Generally, a subordinate building, located on the same lot as the primary building, and having a use customarily incidental to the primary use of the main building. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the roof of the primary structure and is designed as an integral part of the main building. Refer to section 14.06.007 (Accessory buildings and uses).
An area within the primary building used for a purpose other than the primary use of the principal building on the lot. Also, may be an incidental use in an accessory building on the same lot. Refer to section 14.06.007 (Accessory buildings and uses).
Any office referred to in these zoning regulations shall
be the person so retained in this position by the city, or his duly
authorized representative. This definition shall also include engineering,
planning and other consultants retained by the city to supplement
or support existing city staff, as deemed appropriate.
Building official.
The officer or designated authority charged with the administration
and enforcement of the building codes.
City attorney.
The attorney, or firm of attorneys, that has been specifically
employed by the city to assist in legal matters. This term shall also
apply if the city retains a person to perform the functions of city
attorney as an official city employee.
City engineer.
The registered professional engineer or firm of registered
professional consulting engineers that has been specifically employed
by the city to perform engineering review, design and related activities.
The city engineer is also the designated floodplain administrator.
City manager.
The person or authorized representative/designee holding
the position of the chief executive officer, as appointed by the city
council, under the terms of the city charter.
Planning and zoning administrator.
The person designated by the city manager to oversee zoning
and subdivision review procedures, gather all staff comments and recommendations,
and convey said recommendations to the commission, council and other
departments.
City secretary.
The person or authorized representative holding the office
of city secretary under the terms of the city charter.
Director of building and development services.
The person designated by the city manager to oversee permitting
and inspections, planning and zoning, code compliance, and environmental
services, gather all staff comments and recommendations, and convey
said recommendations to the commission, council and other departments.
Director of public works.
The person designated by the city manager to oversee compliance
with the city master thoroughfare plan and designate an individual
to be part of the DRC; may also be city engineer.
A building or part of a building in which pinball machines,
video games, amusement machines, or other similar player-operated
amusement devices are present and maintained as the primary use. For
the purposes of this definition, “primary use” means 51
percent or more of the gross floor area (including player space and
aisle space) of the portion of the structure being used (not to include
any area of a structure being used as storage).
Any machine or device of any kind or character, that is operated by or with coins, metal slugs, tokens, or checks, when such machine dispenses or is used or is capable of being used or operated for amusement or pleasure or when such machine is operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of “merchandise or music” or “service” exclusively, as those terms are defined in the Texas Revised Civil Statutes, title 132, chapter 8 (section 8801 et seq.), as amended. (An “amusement machine” pursuant to this definition is the same as a “skill or pleasure coin-operated machine” pursuant to the Texas Revised Civil Statutes, title 132, chapter 8, section 8801(5), as amended.) An “amusement machine” shall also include any billiard tables operated for profit, whether operated by or with coins, metal slugs, tokens, or checks inserted into the machine or paid to an attendant. See also “Gambling device.”
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves.
An establishment offering for sale, within a building articles
such as glass, china, furniture or similar furnishings and decorations
which have value and significance as a result of age, design, or sentiment.
A room or suite of rooms in an apartment house arranged,
designed or occupied as a dwelling unit or residence by a single family,
individual, or group of individuals. Different types of apartment
uses are defined below:
Apartment, efficiency or studio.
An apartment having a combination living and bedroom, including
independent cooking facility (no separate bedroom).
Apartment hotel.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
Apartment house.
Refer to “Dwelling, multifamily.”
A facility providing responsible adult supervision of or
assistance with routine living functions of an individual in instances
where the individual’s condition necessitates that supervision
or assistance.
An establishment that provides retail sales and services
related to automobiles including, but not limited to, cars, tires,
batteries, and gasoline.
An open area or lot used for the display or sale of automobiles,
where no repair work is done except minor reconditioning of the cars
to be displayed and sold on the premises, and no dismantling of cars
or sale or keeping of used car parts or junk on the premises.
A building story located below the first story and which
is partly underground but having at least one-half of its height above
the average level of the adjoining ground. A basement shall be counted
as a story in computing building height. Refer to “Story.”
A four feet wide by six feet long (4 ft. wide x 6 ft. long)
space provided for securing two (2) bicycles to a city-approved bicycle
rack.
A framework which permits the locking of the bicycle frame
and one (1) wheel to the rack and supports the bicycle in a stable
position without damage to wheels, frame or components. Bicycle rack
design shall adhere to requirements set forth in this chapter.
An area enclosed by streets and occupied by or intended for
buildings; or if said word is used as a term of measurement, it shall
mean the distance along a side of a street between the nearest two
(2) intersecting streets. In cases where platting is incomplete or
disconnected, the city manager and/or designee shall determine the
outline of the block.
The board of adjustment (BOA) as established in article 14.02, Administration, of the regulations herein.
A building other than a hotel, where lodging and meals for
five (5) or more persons are served for compensation and conforms
to chapter 260 of the Texas Health and Safety Code and chapters 508
and 509 of the Texas Government Code, as amended.
The practice of creating an opening in a person's body, other
than the individual's earlobe, to insert jewelry or another decoration
or to perform implants.
A bufferyard is an area of land typically between adjacent
properties with different zoning and/or land uses. Additional plantings
and/or structures, such as walls or fences, may be required between
land uses to eliminate or minimize conflicts between them.
The portion of a lot or site, excluding required yard areas,
setbacks or open space within which a structure may be built.
Any structure built for the support, shelter, and/or enclosure
of persons, animals, goods/personal items or movable property of any
kind. When subdivided in a manner sufficient to prevent the spread
of fire each portion so subdivided may be deemed a separate building.
The vertical plane along a lot where the portion of the front
facade of the building closest to the street is actually located.
The area of the building in contact with the ground.
Refer to “Height of building.”
A line parallel or approximately parallel to the street right-of-way
line at a specific distance marking the minimum distance from the
street right-of-way line that a building may be erected.
The height of a single floor of a multi-level building. Refer
to “Story.”
Includes retail, commercial, industrial, and manufacturing
uses and districts as herein defined.
Diameter of the trunk of a tree measured one foot (1 ft.)
above ground level. This method of measurement is used for trees that
are planted as a requirement of the zoning and subdivision ordinances.
A perennial woody plant (single trunk or multiple trunks)
contributing to the uppermost spreading branch layer of a forest and
may be commonly referred to as shade trees.
An accessory building which is open-sided shelter for automobiles
which may be formed by the extension of a roof from the side of the
principal building and which has no more than one (1) of its sides
enclosed.
An official certificate issued by the city through the administrative
officer which indicates conformance with or approved conditional waiver
from the building codes and zoning ordinance and authorizes legal
use and occupancy of the premises for which it is issued.
The governing body of the City of Lake Worth, Texas.
Medical office(s) for one (1) or more physicians, surgeons,
dentists, optometrists, or chiropractors engaged in treating the sick
or injured, but not including rooms for the abiding of patients.
An umbrella term for different types of co-housing arrangements;
can be loosely defined as a home/dwelling unit where two (2) or more
unrelated people live together whereby each person signs their own
lease for a private bedroom, and often bathroom, within a residence,
and the residents share common facilities, such as a kitchen.
A facility providing for entertainment and amusement. Games
contained in the facility may include skilled games or activities
such as, but not limited to, shuffle boards, darts, bowling facilities,
roller/ice skating rinks or dominoes. Any combination of these games
may be used in the facility. Not included in this definition is an
“amusement arcade (indoors).”
A building in which the ground floor is built to commercial-ready
standards and any of the floors are occupied by nonresidential or
residential uses.
A space constructed to the specified standard for the minimum
height of the ground floor which may be used for noncommercial uses
and/or converted into retail/commercial use. The intent of commercial-ready
space is to provide the flexibility of occupying a space in accordance
with market demand and allowing the use in such space to change to
retail/commercial uses accordingly.
A building dedicated to social or recreational activities,
serving the city or a neighborhood and owned and operated by the city
or by a nonprofit organization, and dedicated to promoting the health,
safety, morals or general welfare of the city.
A small to medium size garden (approximately one acre or
smaller) cultivated by members of an area for small-scale agricultural
uses for the benefit of the same people. It may consist of individually
tended plots on a shared parcel or may be communal (everyone shares
a single plot).
A community-based residential home as defined by and which
qualifies as a community home pursuant to the Community Homes for
Disabled Persons Location Act, Texas Human Resources Code, chapter
123, as amended.
The comprehensive plan of the city, as adopted and amended
by the city council.
A use which would not be appropriate generally or without
certain restrictions throughout a zoning district, but which, if controlled
as to number, area, location or relation to the neighborhood would
promote the health, safety, and welfare of the community.
A multifamily dwelling facility within which designated units
or apartments are conveyed [by] fee simple title, with an undivided
interest in the building’s common elements, to include, but
not be limited to, halls, stairs, elevators, roofs, parking space,
and the land.
Any structure used for or occupied by persons recovering
from illness or suffering from the infirmities of old age.
Small-scale assembly and light manufacturing of commodities
fully enclosed within the building without producing any noise, noxious
odors, gas, or other pollutants. This category may include workshops
and studios, electronics, pottery, glass-blowing, metal working, screen
printing, sculpture, painting, and weaving.
An open, unoccupied space, bounded on three (3) or more sides
by the walls of a building. An inner court is a court entirely surrounded
by the exterior walls of a building. An outer court is a court having
one (1) side open to a street, alley, yard or other permanent space.
A landscaped open space in the center of the block with no
street frontage, surrounded by walls or buildings on all sides. It
shall be large enough to allow for public activities and have sunlight
during midday. It should be designed to connect to adjacent buildings
or to the public sidewalk through a pedestrian passage(s).
A facility that provides non-medical care and supervision
for more than six (6) children, elderly persons or persons with physical
and/or mental disabilities. This definition does not include those
uses defined as a community home.
A place meeting the requirements and registered as a registered
family home with the Texas Department of Human Services and chapter
42 of the Human Resources Code where twelve (12) or less children
are left for care for less than twenty-four (24) hours a day.
A place where twelve (12) or more children are left for care
a part of the twenty-four (24) hours of the day.
The sound pressure level in decibels. Refers to the “A”
weighted scale defined by the American National Standards Institute
(ANSI). A method for weighting the frequency spectrum to mimic the
human ear.
Diameter at breast height; the average diameter (outside
the bark) of a tree four and one-half feet (4-1/2 ft.) above mean
ground level. This method of measurement is used for measuring existing
trees.
The unit of measure used to express the magnitude of sound
pressure and sound intensity. Refer also to “Sound pressure”
and “Sound pressure level.”
A section of the city for which the regulations governing
the area, height, or use of the land and buildings are uniform.
Any place or premises used for sale, dispensing, or serving
of food, refreshments, or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or
drink the food, refreshments, or beverages on the premises.
A detached residential building containing two (2) dwelling
units, designed for occupancy by not more than two (2) families.
A structure, constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development, transportable in one (1) or more sections, which, in
the traveling mode is eight body feet or more in width or forty body
feet or more in length (greater than 8 ft. by 40 ft.), 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, including the
plumbing, heating, air conditioning, and electrical systems. The term
does not include a recreational vehicle as defined by 24 C.F.R. section
3282.8(g), as amended.
A structure that was constructed before June 15, 1976, transportable
in one (1) or more sections, which, in the traveling abode, is eight
body feet or more in width or forty body feet or more in length (greater
than 8 ft. by 40 ft.),, 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 including the plumbing, heating, air
conditioning, and electrical systems.
A residential structure that is designed for the use and
occupancy of one (1) or more families, that is constructed in one
(1) or more modules or constructed using one (1) or more modular components
built at a location other than the permanent residential site, and
that is designed to be used as a permanent residential structure when
the modules or modular components are transported to the permanent
residential site, and are erected or installed on a permanent foundation
system. The term includes the plumbing, heating, air conditioning,
and electrical systems. The term does not include any residential
structures that are in excess of three (3) stories or 49 feet in height
as measured from the finished grade elevation at the building entrance
to the peak of the roof. The term shall not mean or apply to: (i)
housing constructed of sectional or panelized systems not utilizing
modular components; or (ii) and any ready-built home which is constructed
so the entire living area is contained in a single unit or section
at a temporary location for the purpose of selling it and moving it
to another location.
Any building, or portion thereof, which is designed, built,
rented, leased, let or hired out to be occupied as three (3) or more
apartments or dwelling units or which is occupied as the home or residence
of three (3) or more families living independently of each other and
maintaining separate cooking facilities.
A detached residential dwelling unit other than a mobile
home, designed for and occupied by one (1) family only.
Single-family attached structures include semi-detached (semi-attached,
side-by-side), row houses, duplexes and townhouses. In order for attached
units to be classified as single-family structures, each unit must:
One (1) room, or rooms connected together, constituting a
separate, independent housekeeping establishment for occupancy by
one (1) family, owner or renter occupancy, physically separated from
other dwelling units which may be in the same structure, and containing
independent cooking, living, and sleeping facilities.
A facility, public or private, with purpose of providing
activities and/or experiences that are intended to effect developmental
changes in children prior to their entry into elementary school.
Any structural or non-structural element such as a sign,
awning, canopy, terrace, or balcony that breaks the plane of a vertical
or horizontal regulatory limit, extending into a setback, into the
public right-of-way, or above a height limit.
Any permeable or non-permeable decorative pavement material
intended for pedestrian or vehicular use. Enhanced pavement includes
brick or stone pavers, grass pavers and stamped or stained concrete.
An individual, or two (2) or more persons related by blood
or marriage, including adopted children, or a group of not to exceed
five (5) unrelated persons, not all related by blood, marriage, or
adoption occupying a premises and living as a single nonprofit housekeeping
unit; as distinguished from a group occupying a boarding house or
a hotel. unit with single kitchen facilities, on a nonprofit cost-sharing
basis. [sic]
An area identified by the Federal Emergency Management Agency (FEMA) as possibly being floodprone or within the special flood hazard area (SFHA) or below the base flood, also known as the flood having a 1 percent chance of being equaled or exceeded in any given year or the 100-year flood. The issuance of building permits for construction of any structure within such floodplain is regulated by a separate ordinance (article 3.09, Flood Damage Prevention, of the city Code of Ordinances, as amended) governing the safeguards, preventive actions against flooding, types of uses permitted in floodprone areas, etc.
The total (gross) square feet of floor space within the outside
dimensions of a building including each floor level, but excluding
cellars, attics, porches, carports or garages that are not designed
for residential or business occupancy.
An indicated ratio between the number of square feet of total
floor area in the main building(s) on a lot and the total square footage
of land in the lot; it is the number resulting from dividing the main
building(s) floor area by the lot area.
A vehicle establishment that is designed to be readily movable
and from which merchandise is sold or food is sold or served. The
term includes, but is not limited to, a commercially manufactured
vehicle. Often also called a mobile food establishment.
A location at which more than one (1) food truck operates
on a regular basis.
Similar to a courtyard, it is located in the front of a building
such that the forecourt is surrounded on two (2) or three (3) sides
by a building(s).
All the property abutting on one (1) side of the street between
two (2) intersecting streets, measured along the street line.
A roofed walkway or promenade; it is an extension of the
main facade of a building that is at or near the front property line.
The gallery may overlap the public sidewalk.
Any electronic, electromechanical or mechanical contrivance
that for a consideration affords the player an opportunity to obtain
anything of value, the award of which is determined solely or partially
by chance, even though accompanied by some skill, whether or not the
prize is automatically paid by the contrivance. The term includes,
but is not limited to, gambling device versions of bingo, keno, blackjack,
lottery, roulette, video poker or similar electronic, electromechanical
or mechanical games, or facsimiles thereof, that operate by chance
or partially so, that as a result of the play or operation of the
game award credits or free games, and that record the number of free
games or credits so awarded and the cancellation or removal of the
free games or credits. See also “Amusement machine.”
A building, facility or other place where one (1) or more
amusement redemption machines are present.
An enclosed accessory building for storage only of motor
vehicles, boats, travel trailers, and household goods owned and used
by the owners or tenants of the premises.
A building or portion thereof designed or used for the storage
[of vehicles], which is operated for commercial purposes.
A building or portion thereof, other than a private garage,
used exclusively for parking or storage of self-propelled vehicles,
but with no other services provided except facilities for washing.
An occasional sale at retail open to the public and conducted
on a residential premises for the purpose of disposing personal property
by a person who does not hold himself out as engaging in, or does
habitually engage in, the business of selling such property at retail.
The term includes but is not limited to all sales entitled “estate,”
“lawn,” “yard,” “room,” “backyard,”
“patio,” or “rummage” sale. The term does
not include situations where no more than three (3) specific items
are offered for sale and all advertisements of such sale specifically
name those products to be sold.
The measure of vertical elevation relative to some reference
point usually mean sea level (msl). Grade is measured as follows:
For buildings having walls adjoining one (1) street only, it
is the elevation of the sidewalk at the center of the wall adjoining
the street;
For buildings having walls adjoining more than one (1) street,
it is the average of the elevation of the sidewalk at the center of
all walls adjoining the street;
For buildings having no wall adjoining the street, it is the
average level of the finished surface of the ground adjacent to the
exterior wall of the building.
Any wall approximately parallel to and not more than five
feet (5 ft.) from a street line is to be considered as adjoining the
street. Where no sidewalk has been constructed, the city manager and/or
designee (s) shall establish such sidewalk level or its equivalent
for the purpose of these regulations.
Low growing, dense spreading plants typically planted from
containers.
A community-based residential home as defined by and which
qualifies as a community home pursuant to the Community Homes for
Disabled Persons Location Act, Texas Human Resources Code, chapter
123, as amended.
A facility providing for the housing and rehabilitation or
training of adults on probation, parole, early or pre-release or any
other form of executive, judicial or administrative release from a
penal institution, including without limitation community residential
facilities established in accordance with Texas Code of Criminal Procedure
Ann. article 42.18, as amended from time to time. A halfway house
includes facilities which provide inpatient treatment for chemical
dependency to persons on probation, parole, early or pre-release or
any other form of executive, judicial or administrative release from
a penal institution if such persons are ordered to obtain such treatment
for chemical dependency as a condition of release. For purposes of
this definition, an adult is a person age eighteen years (18) or older.
The vertical distance of a building or structure measured
from the highest adjoining sidewalk or ground surface within a 5-foot
horizontal distance of the exterior wall to the highest point of the
coping of a flat roof or to the deck line of a mansard roof or to
the average height of the highest gable of a pitched or hipped roof.
Height shall exclude chimneys, cooling towers, ventilators, elevator
bulkheads, penthouses, tanks, water towers, radio antennae, ornamental
cupolas, domes or spires, belfries, parapet walls or other appurtenances
not exceeding ten feet (10 ft.) in height above the top of the roof
and not intended for human occupancy.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
Light, which when measured at 10 feet from the source exceeds
eleven thousand (11,000) lumens.
An occupation conducted in a dwelling unit in accordance
with applicable supplemental regulations. Any occupation which is
customarily incidental to the main use of the premises as a dwelling
and is conducted by a member of a family residing in the dwelling.
One (1) or more buildings containing individual living or
sleeping units specially designed as temporary quarters for transient
guests, including provisions for meals and personal services. A hotel
includes a tourist hotel, a motor hotel, and a motel, but does not
include an apartment hotel.
The total area of development that creates impervious or
partially impervious surfaces, including buildings, pavement, gravel
roads, and recreation facilities. Measurements of impervious coverage
shall be based upon net project area excluding land within existing
street rights-of-way. Impervious means development that is highly
resistant to water infiltration.
Industrial property is a broad category encompassing many
different types of buildings, each with different characteristics
designed to support different business operations, such as the following
major types:
Warehouse/distribution buildings.
Warehouse/distribution buildings are very large, single-story
structures used primarily for warehousing and the distribution of
business inventory. These buildings range from 50,000 to hundreds
of thousands of square feet under roof and have up to 60-foot ceiling
heights to accommodate extensive racking and storage systems. These
buildings may have a small amount of office space as [and] numerous
loading docks, truck doors and large surface parking lots to [accommodate]
semi-trailers.
Manufacturing buildings.
Manufacturing facilities (also called heavy industrial buildings)
are designed to house specialized equipment used to produce goods
or materials. In addition to providing three-phase high capacity,
electric power, these industrial properties may include heavy ductwork,
pressurized air or water lines, buss ducts, high capacity ventilation
and exhaust systems, floor drains, storage tanks and cranes.
Refrigeration/cold storage buildings.
Refrigeration/cold storage are specialized industrial buildings
that offer large capacity cold storage and/or freezer space. They
are often used as a distribution center for food products that require
refrigeration/freezing.
Telecom/data hosting centers.
These are highly specialized industrial buildings located
in close proximity to major communications trunk lines with access
to an extremely large and redundant power supply capable of powering
extensive computer servers and telecom switching equipment. These
buildings have reinforced floor slabs capable of supporting the weight
of the electrical and computer equipment as well as backup generators,
and specialized HVAC. They may also include raised flooring to handle
cooling and extensive cabling. These buildings may also be called
switching centers, cyber centers, web hosting facilities and telecom
centers.
Flex buildings.
This versatile building type (short for “flexible”)
covers a broad range of uses and often is used to combine one (1)
or more uses in a single facility, including office space, research
and development, showroom retail sales, light manufacturing research
and development (R&D) and even small warehouse and distribution
uses. Because of this versatility, flex buildings are sometimes listed
as a separate category. Flex buildings typically have ceiling heights
under 18 feet and have a higher percentage of office space than larger
industrial buildings.
Light manufacturing buildings.
Flex buildings can be used for light manufacturing that do
not require extensive physical plant and space requirements that heavy
industrial buildings provide; such as light assembly.
R&D buildings.
Flex buildings are popular in high technology industries
such as computers, electronics and biotechnology because they effectively
support a hybrid of office, manufacturing and warehouse space housed
in a single location. Often these types of space users prefer locating
in campus-like business parks featuring extensive landscaping, shared
architecture design, and lots of surface parking and open space.
Showroom buildings.
Similar to flex/office buildings in basic construction and
layout, showroom buildings combine retail display space with extensive
on-site storage and distribution. Typically, up to 50 percent of the
interior space in showroom buildings is dedicated to sales.
Biotech (wet lab) buildings.
Biotech buildings are highly specialized flex buildings that
support a range of laboratory space where chemicals, drugs or other
material or biological matter are tested and analyzed. This type of
building requires extensive plumbing and water distribution, direct
ventilation and specialized piped utilities. In addition, some may
offer accurate temperature and humidity controls, dust control, and
heavy power. Often these types of buildings are located together in
campus-like fashion with extensive landscaping, extensive surface
parking and open space.
A type of permanent tattoo, in which a needle inserts colored
ink into the skin to look like eyeliner, lip liner, eyebrows, or other
similar makeup.
The term “junk” is defined to mean and shall
include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead
or scrap zinc and all other scrap metals and their alloys, and bones,
rags, used cloth, used rubber, used rope, used tinfoil, used bottles,
old cotton, or used machinery, used tools, used appliances, used fixtures,
used utensils, used boxes or crates, used pipe or pipe fittings, used
automobiles or airplane tires, and other manufactured goods that are
so worn, deteriorated or obsolete as to make them unusable in their
existing condition; subject to being dismantled for junk.
Refer to the definition in chapter 2, Animal Control, of the city Code of Ordinances, as amended.
A person registered as a landscape architect in the State
of Texas pursuant to state law.
An area which is covered by natural grass, ground cover,
or other natural plant materials.
A person knowledgeable in plant materials and landscape design.
Material such as, but not limited to, grass, ground covers,
shrubs, vines, hedges, trees and palms, and non-living durable material
commonly used in landscaping, such as but not limited to, rocks, pebbles,
sand, but excluding paving.
Areas of land planted with grasses, which are maintained
at a short height and used for aesthetic and/or recreational purposes.
Often used for erosion control. Areas may be sodded, plugged, sprigged
or seeded except that solid sod shall be used in swales, berms or
other areas subject to erosion.
A use, building or yard existing legally at the time of the
passage of this chapter which does not by reason of design, use, or
dimensions conform to the regulations of the district in which it
is situated. Also, a use, building or yard established after the passage
of this chapter which does not conform to regulations of the district
in which it is situated shall be illegal, unless otherwise registered.
A person duly licensed by the State of Texas to design and
install irrigation systems.
Animals typical of those that may be kept or raised on a farm or ranch, including but not limited to hoofed animals (horses, cows, sheep, goats, etc.), ratites (ostriches, emus, etc.), poultry (chickens, ducks, geese), and fur-bearers (rabbits, minks, etc.) and as regulated by chapter 2, Animal Control, of the city Code of Ordinances, as amended.
A mixed use building type with a dwelling unit that is also
used for work purposes. The following standards apply to the work
component of the unit:
Located on the ground floor and at street level;
Restricted to the uses of professional office, artist’s
workshop, studio, or other similar uses;
Constructed to commercial ready standards; and
Constructed as separate units under a condominium regime or
as a single unit.
The “live” component may be located on the street
level (behind the work component) or any other level of the building.
Live-work unit is distinguished from a home occupation otherwise defined
by this chapter in that the work use is not required to be incidental
to the dwelling unit, nonresident employees may be present on the
premises and customers may be served on-site.
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off-street parking spaces
are filled. Required off-street loading space is not to be included
as off-street parking space in computation of required off-street
parking space.
An association of persons meeting regularly for their mutual
benefit or for the promotion of some common purpose, supported jointly
through payment of membership dues, all members having the right to
vote on club policies and business.
An undivided tract or parcel of land having frontage on a
public street, or upon an approved open space, having direct street
access, and which is, or in the future may be, offered for sale, conveyance,
transfer, or improvement, which is designated as a distinct and separate
tract, and which is identified by a tract or lot number or symbol
in a duly approved subdivision plat which has been properly filed
or recorded. Refer to “Lot of record.”
The percentage of the total area of a lot occupied by the
base (first story or floor) of buildings located on the lot.
The length of street frontage between property lines.
The lines bounding a lot as defined:
Lot line, front.
The boundary between a lot and the street on which it fronts.
Lot line, rear.
The boundary line which is opposite and most distant from
the front street line, except that in the case of uncertainty the
city manager and/or designee shall determine the rear line.
Lot line, side.
Any lot boundary line not a front or rear line thereof. A
side line may be a party lot line, a line bordering on any alley or
place or side street line.
Area
of the lot shall be the area of the lot within the lot lines,
expressed in square feet or acreage, including easements, and shall
not include portions of any public street or alley.
Depth
of a lot shall be considered to be the distance between the
midpoints of straight lines connecting the foremost points of the
side lot lines in front and the rearmost points of the side lot line
in the rear (the mean horizontal distance between the front and rear
lot line).
Interior area
is the area of the lot remaining after subtracting out the
area included in the bufferyards.
Width
of a lot shall be considered to be the distance between straight
lines connecting front and rear lot lines at each side of the lot,
measured across the rear of the required front yard, provided, however,
that width between side lot lines at their foremost points (where
they intersect with the street line) shall not be less than 80 percent
of the required lot width except in the case of lots on the turning
circle of cul-de-sacs, where the 80 percent requirement shall not
apply.
A lot which is part of a subdivision recorded in the office
of the county clerk of Tarrant County.
Corner lot.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the city manager
and/or designee.
Interior lot.
A lot other than a corner lot with only one (1) street frontage
and whose side lot lines do not abut upon any street.
Through lot.
A lot other than a corner lot with frontage on more than
one (1) street. Through lots abutting two (2) streets may be referred
to as “double frontage” lots. Such through lot shall provide
a front yard on each street.
Cul-de-sac lot.
A lot whose frontage is along the turnaround portion of a
street that has only one (1) opening and terminates with a turnaround
at the closed end.
The building on a lot which is occupied by the primary use.
Manufactured housing shall contain both mobile homes and
HUD-code manufactured homes as defined herein.
Exterior materials as specified by use below:
Residential:
(A)
(B)
(C)
Masonry construction in single-family and duplex zoning districts
shall be considered as being kiln-fired brick veneer, stone veneer
or stucco. Cementitious fiber board and exterior insulating finish
system (EIFS) may be used according to the applicable architectural
requirements of the zoning district.
Masonry construction in multifamily zoning districts may include the materials listed in subsection (A) above and split-face concrete masonry units (CMU).
Concrete or cinder block (except split-faced CMU), exposed or
painted cement, or concrete tilt wall systems shall not be considered
masonry construction for residential uses.
Commercial:
Masonry materials in commercial and industrial zoning districts
shall comply with the supplemental regulations and/or zoning district
regulations.
Any method by which a person utilizes his or her hands, feet
or an instrument for treating the superficial parts of a customer’s
body for medical, hygienic, exercise, entertainment, or relaxation
purposes.
Any commercial, medical or therapeutic practice unrelated
to a sexually oriented business operation operated by or employing
licensed masseuses, psychologists, physicians, physical therapists,
registered nurses, chiropractors, licensed practitioners or athletic
trainers engaged in the practice of healing arts and the treatment
of disease, ailments and disorders of the body.
Refer to “Dwelling, mobile home.”
A parcel of land upon which mobile homes are placed or located
for purposes of occupancy.
A building or group of buildings, not more than two (2) stories
in height, containing individual sleeping or living units, specially
designed for the convenience of transient motorists, and arranged
so that the autos are parked adjacent to the individual rooms by the
guests themselves.
A person who owns one (1) or more antique or special interest
vehicles; and acquires, collects or disposes of an antique or special
interest vehicle or part of an antique or special interest vehicle
for personal use to restore and preserve as an antique or special
interest vehicle for historic interest.
Cultivated land that is characterized by the use of native
plants, including trees, shrubs, ground cover and grasses which are
indigenous, or adapted, to the geographic area of land.
Uncultivated land that is undisturbed and allowed to grow
in its natural state without direct human intervention. Natural areas
are set aside for conservation purposes, as examples of typical and
unique plant and/or animal communities, or as examples of natural
interest and beauty.
Approach/departure clearance surface (slope).
An inclined plane that extends outward from the end of the
runway of NAS Fort Worth for a distance of 25,000 feet and rises at
a rate of one foot (1 ft.) above the runway for every 50 feet from
the end of the runway (runway elevation 650 feet msl). The horizontal
extent is defined in the latest adopted edition of the Air Installations
Compatible Use Zones (AICUZ) report for NAS Fort Worth JRB (2004 or
later).
Conical surface.
An inclined plane that extends outward from the periphery
of NAS Fort Worth for a distance of 7,000 feet and rises at a rate
of one foot (1 ft.) above the runway for every 20 feet from the end
of the runway (runway elevation 650 feet msl). The horizontal extent
is defined in the latest adopted edition of the Air Installations
Compatible Use Zones (AICUZ) report for NAS Fort Worth JRB (2004 or
later.)
Transitional surface.
Inclined planes that connect the approach/departure clearance
surface (slope), the conical surface, and the horizontal surface (a
horizontal plane at 1,150 feet mean sea level). The horizontal extent
is defined in the latest adopted edition of the Air Installations
Compatible Use Zones (AICUZ) report for NAS Fort Worth JRB (2004 or
later.)
A building, structure or use of land lawfully occupied at
the time of the effective date of this chapter or amendments thereto,
and which does not conform to the use regulations of the zoning district
in which it is situated.
An institution considered a commercial use, providing meals
and resident care and services for persons who are generally admitted
for periods of time exceeding thirty (30) days. Such service includes
custodial or attendant care but may or may not provide for routine
and regular medical and nursing services. Nursing and care home includes
homes for the aged, and convalescent and rest homes.
The use or intended use of the land or buildings by proprietors
or tenants.
Out of the right-of-way of a public street or place.
Area included in any side, rear or front yard or any unoccupied
space on the lot that is open and unobstructed to the sky except for
the ordinary projections of cornices, eaves or porches.
A set of zoning requirements that are described in the text,
are mapped, and are imposed in addition to those of the underlying
zoning district. Development within the overlay zone must conform
to the requirements of both the underlying district and the overlay
zone, or the more restrictive of the two. The zoning classification
will typically be shown as a suffix to the underlying district (e.g.,
“NAS,” Single-Family - Naval Air Station Overlay District).
For the purposes of this chapter, an off-street parking space
shall consist of an indoor or outdoor space adequate for parking an
automobile with room for opening doors on both sides, together with
properly related access to a public street or alley and maneuvering
room.
That area within the public right-of-way (ROW) between the
back of curb or edge of pavement and the right-of-way line.
A paving material that permits water penetration.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
“Person” means an individual, proprietorship,
partnership, corporation, association, or other legal entity.
Development of land which is under unified control and is
planned and developed as a whole single development operation or programmed
series of development and is developed with special zoning standards
that are unique to a particular site and which usually vary from those
standards required by this chapter for other zoning districts.
The agency appointed by the city council as an advisory body
to it and which is authorized to recommend changes in the zoning ordinance
and fulfill the functions authorized by the city council and state
law.
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 and
subject to consideration by the planning and zoning commission and
approval by the city council. Reference to a plat in this chapter
means an official plat of record that has been approved by city council
and filed in the plat records of Tarrant County.
Open spaces designed and equipped for the recreation of children.
Land together with any buildings or structures occupying
it.
The principal entrance to a building expressly utilized for
daily pedestrian ingress and egress, typically easily identified due
to special architectural treatment.
An association of persons meeting regularly for their mutual
benefit or for the promotion of some common purpose, supported jointly
through payment of membership dues, all members having the right to
vote on policies and business.
An open, unoccupied space, other than a street or alley,
permanently established or reserved or dedicated in private ownership
as the principal means of vehicular access to property abutting thereon.
Any use prohibited in a zoning district and subject to the
restrictions applicable to that zoning district.
Major recreational equipment is defined to include boats,
trailers and boat trailers, travel trailers, pickup campers or coaches
(designed to be mounted on automotive vehicles), motorized dwellings,
tent trailers, horse trailers, utility trailers, and the like, and
cases or boxes used for transporting recreational equipment, whether
occupied by such equipment or not.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, recreational
or other uses not normally associated with worship. Includes churches,
chapels, cathedrals, temples and similar designations.
When used with the word “district,” an area of
residential regulations. Refer to “Dwelling” [“Dwelling
unit”].
A building that is built to accommodate only residential
uses on all floors of the building such as townhomes, apartment buildings,
duplexes, etc.
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.
A building other than a hotel where lodging for three (3)
but not more than twelve (12) persons is provided for definite periods
for compensation pursuant to previous arrangements.
Evergreen shrubs that maintain their foliage year-round,
and of sufficient mass and spacing to be opaque or that shall become
opaque after 12 months and which shall be maintained in an opaque
condition.
The distance from the property line to the nearest part of
the building, structure or sign, measured perpendicularly to the property
line. See also “Building line.”
“Sexually oriented business” means an adult arcade,
adult bookstore or adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, or nude model studio.
A facility providing temporary housing primarily to indigent,
needy, homeless or transient persons and which may also provide ancillary
services such as counseling and/or vocational training, bathing, dining
and food preparation.
A sales and office facility for a product that by nature
of the bulk dimensions of the product requires a larger than normal
storage area ratio to sales and office area to maintain a normal operating
product inventory. A showroom warehouse is specifically not intended
to be a wholesale distribution center.
Plants which grow vertically in a multi-branched growth pattern.
A detailed line drawing clearly describing a project and
showing sufficient information to determine the nature of the proposed
development and providing adequate information to determine compliance
with applicable codes and ordinances.
The average rate at which sound energy is transmitted through
a unit area in a specified direction. The pressure of the sound measured
at a receiver.
The sound pressure mapped to a logarithmic scale and reported
in A-weighted decibels (dB(A)).
A motor vehicle of any age that has not changed from original
manufacturer’s specifications, and because of its historic interest,
is being preserved by a hobbyist.
A structure or building used for the boarding and quartering
of horses, cows or other domestic livestock for a fee or other remuneration
basis.
A structure or building used for quartering horses, cows
or other domestic livestock of the property owner and not kept for
remuneration, hire or sale.
A store or other establishment that has frontage on a street
or thoroughfare; usually containing display windows.
That part of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. A top story attic is a half story when the main line of
the eaves is not above the middle of the interior height of such story.
The first story is the highest story having its interior floor surface
not more than four feet (4 ft.) above the curb level, or the average
elevation of the finished grade along the front of the building where
it is set back from the street.
A public way between two (2) right-of-way lines, other than
an alley or private drive, which has been dedicated or deeded to the
public and accepted by the city for public use and affords a principal
means of access (vehicular or otherwise) to property abutting thereon,
as well as for utilities and sidewalks.
Street, private.
A private thoroughfare which affords principal means of access
to abutting property.
Street, public.
A public thoroughfare which affords principal means of access
to abutting property.
The distance for which a lot line of a lot adjoins a public
street, from one (1) lot line intersecting said street to the furthest
distant lot line intersecting the same street.
The right-of-way of a street.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial changes
in the roofs or exterior walls, excepting such repair or replacement
as may be required for the safety of the building, but not including
openings in bearing walls as permitted by the city building code.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
billboards, and poster panels.
Stucco shall be considered a masonry material when composed
of cementitious ingredients, aggregate and water to create an exterior
surface and moisture barrier with the aesthetics consistent with other
masonry material of block, brick and/or stone. Stucco shall be applied
using a three-step process over galvanized metal lath mesh to a minimum
of three-fourths inch (3/4 in.) thickness or by other processes producing
comparable cement stucco finish with equal or greater strength and
durability. It must meet the requirements of the American Concrete
Institute ACI 524, Guide to Portland Cement Plastering, and the Portland
Cement Association Stucco Manual, and the American Society for Testing
and Materials (ASTM) Specifications for Stucco and Plaster.
A permanent indelible mark, figure, design, or word that
is intentionally fixed or placed on the human body by scarring or
inserting pigments or ink under the skin using needles, scalpels,
or other related equipment.
The use of property or buildings for the temporary parking
of motor freight vehicles or trucks of common carriers, during loading
and unloading and between trips, including necessary warehouse space
for storage of transitory freight.
As defined in the city’s latest approved comprehensive
plan.
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennae, including
self-supporting lattice towers, guyed towers, or monopole towers.
The term includes radio and television transmission towers, microwave
towers, common-carrier towers, personal telecommunications towers
and similar structures.
A single-family dwelling facility constructed in a series,
or group of units having common walls, each on a separate lot of record.
A mobile vehicle built on a chassis and designed and used
as a temporary place of dwelling and of such size and design as to
be subject to licensing for towing on the highway by a passenger motor
vehicle or other prime mover and not requiring a special permit for
moving on the highway as contrasted to a mobile home.
Small evergreen or deciduous perennial woody plants which
would grow below the top layer of the forest and typically have unique
branching, textural or seasonal color characteristics.
Any water supply, water treatment, water pumping, water storage
or other water facility; any sewerage treatment or pumping facility;
any electrical generating facility, electrical transmission, switching
facility, or electrical substation; any telephone exchange or other
similar telephone communication facility; any natural gas pumping
or storage facility; or any cable television receiving or transmission
facility, or any utility or communications concern operating under
a franchise approved by the city council.
A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. Except as specifically authorized in article 14.02, Administration, a variance is authorized only for height, area, size of structure or size of yards, and open spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by variance except as provided in article 14.02, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
Mini-warehouse.
A totally enclosed facility involving one (1) or more buildings
and multiple individual units the purpose of which is exclusively
for the storage of goods. Retail or wholesale, offices, manufacturing,
fabrication, service, repair, or any other type of commercial or business
enterprise is expressly prohibited from this type facility. Storage
of hazardous and flammable materials as designated by the fire marshal
is expressly prohibited from this type facility.
Mini-warehouse storage facility (indoor storage only).
A commercial facility consisting of a building or group of
buildings in a controlled access and fenced compound that contains
varying sizes of individual, compartmentalized, and controlled access
stalls or lockers for the dead storage of a customer’s goods
or wares. The rented space shall be for private use only.
Mini-warehouse storage facility (with outdoor storage).
An industrial facility consisting of a building or group
of buildings and outdoor paved parking surfaces for outdoor storage
in a controlled access and fenced compound. The buildings may contain
varying sizes of individual, compartmentalized, and controlled-access
stalls or lockers for the dead storage of a customer’s goods
or wares. The outdoor paved parking surfaces may be utilized for the
storage of recreational vehicles, cars, boats and other items typically
stored outdoors. The rented space shall be for private use only.
Portable storage container.
A portable and temporary weather-resistant receptacle designed
and used for the storage or shipment of household goods, wares, building
materials or merchandise. This term shall not include roll-off containers/dumpsters
or storage containers having storage capacity of less than 150 cubic
feet.
Warehouse.
A large building where raw materials or manufactured goods
may be stored in bulk before their export or distribution for sale.
A showroom or store may be associated with the warehouse use.
A required open space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure from 30 inches
above the general ground level of the graded lot upward, provided
however, that fences, walls, poles, posts, and other customary yard
accessories, ornaments, furniture, and roof overhangs not exceeding
30 inches, may be permitted in any yard subject to height limitations
and requirements limiting obstruction of visibility.
Front yard.
(A)
(B)
(C)
(D)
A yard extending between side lot lines across the front of
a lot adjoining a public street. In the case of through lots, unless
the prevailing front yard pattern on adjoining lots indicates otherwise,
front yards shall be provided on all frontages. Where one (1) of the
front yards that would normally be required on a through lot is not
in keeping with the prevailing yard pattern, the city manager and/or
designee may waive the requirement for the normal front yard and substitute
a special yard requirement which shall not exceed the average of the
yards provided on adjacent lots.
In the case of reversed frontage corner lots, a front yard of
the required depth shall be provided on either frontage, and a second
front yard of the depths required for second front yards in the district
shall be provided on the other frontage.
In the case of corner lots with more than two (2) frontages,
the city manager and/or designee shall determine the front yard requirements,
subject to the following limitations:
Depth of required front yards shall be measured at right angles
to the front lot line.
Side yard.
A yard extending from the rear line of the required front
yard to the front of the required rear yard, or in the absence of
any clearly defined rear lot line to the point on the lot farthest
from the intersection of the lot line involved with the public street.
In the case of through lots, side yards shall extend from the rear
lines of front yards required. Width of a required side yard shall
be measured in such a manner that the yard established is a strip
of the minimum width required by district regulations with its inner
edge parallel with the side lot line.
Rear yard.
(A)
(B)
(C)
A yard extending across the rear of the lot between lot lines.
In the case of through lots there will be no rear yards, but only
front and side yards. All other lots will have a rear yard.
Depth of a required rear yard shall be measured in such a manner
that the yard established is a strip of the minimum width required
by district regulations with its inner edge parallel with the rear
lot line.
In cases where a rear lot line is not evident, or if evident
but not parallel to the front building line, the minimum rear yard
requirement shall be the distance from the rearmost point of the lot
along a line from that point drawn perpendicular to a line drawn from
the foremost points of the two side lot lines, providing that the
rear yard is parallel to at least one lot line along the rear of the
lot.
Special yard.
A yard behind any required yard adjacent to a public street,
required to perform the same functions as a side or rear yard, but
adjacent to a lot line so placed or oriented that neither the term
“side yard” nor the term “rear yard” clearly
applies. In such cases, the city manager and/or designee shall require
a yard with minimum dimensions as generally required for a side yard
or a rear yard in the district, determining which shall apply by the
relation of the portion of the lot on which the yard is to be located
to the adjoining lot or lots, with due regard to the orientation and
location of structures and buildable areas thereon.
(Ordinance 1169, sec. 14.302, adopted 11/12/19; Ordinance 1203, sec. 2, adopted 1/12/21)
