For the purpose of this article the following definitions shall
apply unless the context clearly indicates or requires otherwise.
Words used in the present tense shall include the future; the singular
number shall include the plural, and the plural the singular. The
word “buildings” shall include the word “structure”;
the word “lot” includes the word “plot,” and
the word “shall” is mandatory and not merely permissive
or directory.
Accessory buildings and use.
A subordinate building or a portion of the main building,
the use of which is incidental to that of the main building or to
the main use of the premises. An accessory use is one which is incidental
to the main use of the premises.
Alley.
A public or private thoroughfare which affords only a secondary
means of access to property abutting thereon.
Apartment.
A room or suite of rooms in a multiple dwelling, or in a
building in which more than one living unit is established above or
on the same floor as nonresidential uses, which room or suite is intended,
or designed for use as a residence by one family and which includes
culinary accommodations.
Apartment house.
A building or portion thereof used or designed as a residence
for three (3) or more families living independently of each other,
and doing their own cooking in said building, including apartments
and apartments motels.
Boarding house.
A building, other than a hotel, where for compensation and
by pre-arrangement for definite periods, meals or lodging and meals
are provided for three (3) or more persons, but not exceeding twenty
(20) persons.
Building.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, chattels, or property.
Clinic.
An office or group of offices for one or more physicians,
surgeons, or dentists engaged in treating the sick or injured, but
not including rooms for the abiding of patients.
Dining house.
A building or premises including a private house where meals
are provided for compensation.
District.
A section or sections of the City of Clarendon, Texas for
which regulations governing the use of buildings and premises, the
height of buildings, the size of yards, and the intensity of use are
uniform.
Dwelling.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
Dwelling, multiple.
A building having accommodations for and occupied exclusively
by more than two (2) families.
Family.
One or more persons occupying a premises and living as a
single housekeeping unit as distinguished from a group occupying a
boarding house, lodging house, or hotel as herein defined.
Filling station or service station.
Any building or premises used for the dispensing, sale, or
offering for sale at retail of any automobile fuels or oils. When
the dispensing, sale, or offering for sale is incidental to the conduct
of a public garage, or retail store, the premises are classified as
a public garage or retail store.
Frontage.
All 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 the property abutting
on one side between an intersecting street and the dead-end of the
street.
Garage, private.
An accessory building or portion of the main use building,
designed for or used for the housing of motor-driven vehicles which
are the property of and for the private use of the occupants of the
lot on which the private garage is located.
Garage, public.
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, hiring, servicing, selling,
or storing motor-driven vehicles.
Grade.
(1)
For buildings having walls adjoining one street only, the elevation
of the sidewalk at the center of the wall adjoining the street.
(2)
For buildings having walls adjoining more than one street, the
average of the elevation of the sidewalk at the center of all walls
adjoining the streets.
(3)
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building. Any wall approximately parallel to and not
more than five (5) feet from the street line shall be considered as
adjoining the street. Where no sidewalk exists, the grade shall be
established by the city building inspector.
Height of building.
The vertical distance from the grade to the highest point
of the coping of a flat roof, to the deck line of a mansard roof,
or the mean height level between the eaves and ridge for a gable,
hip and gambrel roofs.
Home occupation.
Any occupation or profession engaged in by the occupants
of a dwelling not involving the conduct of a retail business.
Hotel.
A building in which lodging or board and lodging are provided
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open
to the public in contradistinction to a boarding house, a lodging
house, or an apartment which are herein defined.
House trailer.
A vehicle without automotive power designed for human habitation
and for carrying person and property.
Lodging house.
A building or place where lodging is provided (or which is
equipped to provide lodging regularly) by prearrangement for definite
periods, for compensation, for three (3) or more persons in contradistinction
to hotels to transients.
Lot.
A parcel of land occupied or intended for occupancy by a
use permitted in this article, including one (1) main building with
its accessory buildings, the open spaces and parking spaces required
by this article, and having its principal frontage upon a street or
upon an officially approved place.
Lot, corner.
A lot abutting upon two (2) or more streets at their intersection.
Lot, depth of.
The mean horizontal distance between the front and rear lot
lines.
Nonconforming use.
Any building or land lawfully occupied by a use at the time
of passage of this ordinance or amendment thereto, which does not
conform after the passage of this ordinance or amendment thereto with
the use regulations of the district in which it is situated.
Parking space.
An area enclosed or unenclosed containing not less than one
hundred and sixty (160) square feet exclusive of the driveways connecting
said space with a street or alley. Said parking space and connecting
driveway shall be durably surfaced and so arranged to permit satisfactory
ingress and egress of an automobile.
Physical therapy facility.
An establishment as defined in section 246.001 of the Texas
Health and Safety Code, and 452.101 [453.001] of the Occupation Code,
as amended.
Story.
That portion of a building, other than a basement included
between the surface of any floor and the surface of the space between
the floor and ceiling next above it.
Street.
A public thoroughfare which affords the principal means of
access to abutting property.
Structural alterations.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
complete rebuilding of the roof or the exterior walls.
Structure.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, including but without limiting
the general inclusiveness of the foregoing, advertising signs, billboards,
poster boards, and pergolas.
Trailer camp or trailer coach park.
A lot or tract of land where facilities and accommodations
are provided by the day, week, month or for a longer period of time
for or without compensation, for two or more trailers when such trailers
are being used for human habitation.
Tourist court (auto courts, motels, or motor lodges).
A group of attached, semi-detached, or detached buildings
containing individual sleeping or living units, designed for or used
temporarily by automobile tourists, or transients, with garage attached
or parking space conveniently located to each unit and offering to
the public daily as well as other longer-term rental rates, and maintaining
a register or guests and/or their vehicles.
Yard.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. In measuring a yard for the purpose
of determining the width of a side yard, the depth of a front yard,
or the depth of a rear yard, the horizontal distance between the lot
line and the main building shall be used.
Yard, front.
A yard extending across the front of a lot between the side
yard lines, and being the minimum horizontal distance between the
street line and the main building or any projections thereof other
than the projection of the usual steps, unenclosed balconies or open
porch.
Yard, rear.
A yard extending across the rear of a lot, measured between
the side lot lines, and being the minimum horizontal distance between
the rear lot line and the rear of the main building or any projections
other than steps, unenclosed balconies or unenclosed porches. On corner
lots the rear yard shall be considered as parallel to the street upon
which the lot has its least dimension. On both corner lots and interior
lots the rear yard shall in all cases be at the opposite end of a
lot from the front yard.
Yard, side.
A yard between the main building and the side line of the
lot, and extending from the front lot line to the rear yard line.
(2002 Code, sec. 13.01)
For the purpose of regulating and restricting the height and
size of buildings and other structures, the percentage of a lot that
may be occupied, the size of yards, and other open spaces, the density
of population, and the location and use of buildings, structures,
and land for trade, industry, residence, or other purposes, the City
of Clarendon is divided into districts, of which there shall be four
(4) classes in number, and which shall be known as:
“R-1” Residential District One.
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“R-2” Residential District Two.
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“B” Central Business District.
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“I” Industrial District.
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(2002 Code, sec. 13.02)
Whenever any street, alley, or other public way is lawfully
vacated by the city council, the zoning district adjoining each side
of such street, alley, or public way shall be automatically extended
to the center of such vacated area and thereafter all land included
in said vacated area shall be subject to all applicable regulations
of the extended districts.
(2002 Code, sec. 13.03)
All territory brought into the city limits shall be classified
as “R-1”, Residential District One, until permanently
zoned by the governing body of the city.
(2002 Code, sec. 13.04)
No building shall be erected, converted, enlarged, reconstructed,
or structurally altered, and no building or land shall be used for
any purpose that is not permitted in the district in which the building
or land is situated.
(2002 Code, sec. 13.05)
No building shall be erected, converted, enlarged, reconstructed,
or structurally altered to exceed the height limit herein established
for the district in which the building is situated.
(2002 Code, sec. 13.06)
The minimum yards and other open spaces, including lot area
per family shall not be encroached upon or considered as yard or open
space requirements for any other building.
(2002 Code, sec. 13.07)
No lot area shall be reduced to an area less than the district
requirements.
(2002 Code, sec. 13.08)
Every building erected or structurally altered shall be on a
lot as herein defined above.
(2002 Code, sec. 13.09)
In no case shall there be more than one (1) main building on
one (1) lot except where otherwise specified.
(2002 Code, sec. 13.10)