For the purposes of this chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural, and the plural
shall include the singular; the word "building" shall include the
word "structure," the word "shall" is mandatory and not directive,
the word "lot" includes the word "plot"; the term "used for" includes
the meaning "designed for" or "intended for." Said words and terms
are as follows:
Accessory building or use.
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building; or a use
customarily incident to the main use of the property. 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 main roof and designed as an integral
part of the main building.
Alley.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
Apartment.
A room or suite of rooms in an apartment house arranged,
designed, or occupied as the residence by a single family, individual,
or group of individuals.
Apartment house.
Any building, or portion thereof, which is designed, built,
rented, leased, let or hired out to be occupied as three or more apartments
or which is occupied as the home or residence of three or more families
living independently of each other maintaining separate cooking facilities.
Area of the lot.
The area of the lot shall be the net area of the lot and
shall not include portions of public streets or alleys.
Automobile sales area.
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.
Barber and beauty shops/associated services.
An establishment permitted by the Texas Department of Licensing
and Regulation (TDLR) to cut, trim, wash, color or dye hair and mustaches.
Associated services shall include all cosmetology services, permanent
make-up and micro blading, etc.
Basement.
A story below the first story defined under "story" counted
as a story for height regulations if subdivided and used for dwelling
purposes other than by a janitor or watchman employed on the premises.
Block.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys. In cases where the platting is incomplete
or disconnected, the building official shall determine the outline
of the block.
Boarding house.
A building, other than a hotel or motel, where lodging and
meals for five or more persons are served for compensation.
Breezeway.
A covered passage one (1) story in height and six (6) feet
or more in width connecting a main structure and an accessory building.
Building.
Any structure built for the support, shelter, and enclosure
of persons, animals, chattels or movable property of any kind.
Building line.
A line on a lot parallel to the street right-of-way line
beyond which a building may not be erected. This shall be the building
setback as required by this chapter or the building line as platted
and filed of record; whichever is more restrictive shall control.
Business.
Includes a local retail, and commercial/industrial uses and
districts as herein defined.
Cabana.
An accessory building adjacent to a swimming pool used as
a changing area and for storage of pool-related equipment.
Clinic.
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 overnight.
Commercial amusement - indoor.
An operation which is conducted within an enclosed building,
including bowling alleys, video arcades, dance halls or theater, auditoriums,
and recreational facilities with or without fixed seating.
Commercial amusement - outdoor.
An operation including miniature golf courses, driving ranges,
swimming pools, skateboard parks, water parks and associated facilities.
Community center.
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 dedicated to promoting the health,
safety, morals or general welfare of the city.
Convalescent home.
Any structure used for or occupied by persons recovering
from illness or suffering from the infirmities of old age.
Court.
An open unoccupied space other than a yard, on the same lot
with a building and which is bounded on three (3) or more sides by
the building.
Customary home occupations.
A customary home occupation is an occupation customarily
carried on in the home by a member of the occupant's family without
the installation of machinery or additional equipment, without the
employment of additional persons, without the use of a sign to advertise
the occupation and which does not cause the generation of additional
traffic in the street, or provision of customer parking, and shall
not include beauty culture schools, beauty parlors, or doctor's offices
for treatment of patients.
Day care center.
Any place, home or institution which cares for five or more
children under the age of sixteen (16) years old apart from their
parents, guardians, or custodians for regular periods of time for
compensation; provided, however, that the term shall not apply to
bona fide schools, custody fixed by a court or children related by
blood or marriage.
Depth of lot.
The mean horizontal distance between the front and rear lot
lines.
Depth of rear yard.
The mean horizontal distance between the front and rear line
of a building other than an accessory building and the rear lot line
except as modified in the text of any section of this chapter.
District.
A section of the City of Willow Park for which the regulations
governing the area, height, or use of buildings are uniform for each
type and class of structure.
Dwelling, mobile home.
A detached residential dwelling unit designed for transportation
after fabrication on streets or highways on its own wheels, which
arrives at the site where it is to be occupied, complete and ready
for occupancy other than for or incidental unpacking and assembly
operation, location on jacks or other temporary or permanent foundations
and connection to utilities.
Dwelling, multifamily.
A building or portion thereof, arranged, intended, or designed
for occupancy by three or more families, including tri-plexes, four-plexes,
townhouses, condominiums and garden apartments.
Family.
One (1) or more persons who are related by blood or marriage,
living together and occupying a single housekeeping unit with single
kitchen facilities, or a group of not more than five (5) (excluding
servants) living together by joint agreement and occupying a single
housekeeping unit with single kitchen facilities, on a nonprofit cost-sharing
basis.
Farm or ranch.
A tract of land consisting of a minimum of ten (10) acres
if livestock is kept on premises.
Field offices (temporary).
Shall mean and include structures conforming to the Uniform
Building Code used in conjunction with construction work, accessory
and incidental to the construction of a permanent structure which
said permanent structure conforms to the code and all other laws of
the City of Willow Park, the State of Texas and the United States
of America. Said temporary structure may be permitted by the building
official at the time [a permit] is granted for the permanent structure
and said temporary structure shall be completely removed at the time
of occupancy of the permanent structure.
Floor area ratio.
A numerical value obtained by dividing: (i) the sum of the
gross horizontal area of all floors of a building, including interior
balconies and mezzanines, measured to the exterior faces of walls,
by (ii) the total area of the lot, excluding streets, alleys, and
dedicated drainageways.
Floor space per dwelling unit.
The total number of square feet of habitable floor spaces
contained within the dwelling unit exclusive of porches, breezeways,
carports, garages, and storage areas not directly accessible from
within the dwelling unit.
Front yard.
An open, unoccupied space on a lot facing a street between
a building and a street line. If no building exists, a front yard
is an open unoccupied space facing a street and adjacent thereto.
Garage, auto repair.
An "auto repair garage" is a building or portion thereof
whose principal use is for the repair, servicing, equipping, or maintenance
of motor vehicles or motor vehicle components, including engines,
radiators, starters, transmissions, brakes, tires and wheels, seats,
and similar components.
Garage, public.
A building or portion thereof, designed or used for the storage,
sale, hiring, care or repair of motor vehicles, which is operated
for commercial purposes.
Garage, storage.
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 for washing and normal
maintenance.
Grade.
(1)
For buildings having walls adjoining one street only, it is
the elevation of the sidewalk at the center of the wall adjoining
the street;
(2)
For buildings having walls adjoining more than one street, it
is the average of the elevation of the sidewalk at the center of all
walls adjoining the street;
(3)
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.
Gross floor area.
The gross floor space of an apartment house shall be measured
by taking the outside dimension of the apartment building at each
floor level, excluding, however, the floor area of basements or attics
not used for residential purposes.
Height of buildings.
The vertical distance measured from the highest of the following
three levels:
(1)
From the street curb level;
(2)
From the established or mean street grade in case the curb has
not been constructed;
(3)
From the average finished ground level adjoining the building
if it sets back from the street line;
to the highest point of the roof beams of flat roofs or roof
including not more than one (1) inch to the foot, or to the mean height
level.
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Hobby shop.
An accessory use housed in a dwelling or in an accessory
building in which the residents of the premises engage in recreational
activities, none of which shall disturb the neighbors on either side
or in the rear thereof, and from which no revenue may be derived,
and in which no goods may be publicly displayed, offered for sale,
or advertised for sale, nor may any sign be used in connection therewith.
Hospital.
An institution or place where sick or injured inpatients
are given medical or surgical care and provision is made for patients
to abide overnight.
Hotel.
A hotel is a building containing rooms intended or designed
to be used or which are used, rented, or hired out to be occupied
by guests and where only a general kitchen and dining room are provided
within the building or in an accessory building.
Junk.
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 vehicular
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.
Kennel.
Any lot or premises on which four (4) or more dogs, cats,
or other domestic animals at least four (4) months of age, are housed
or accepted for boarding, trimming, grooming and/or bathing for which
remuneration is received.
Kindergarten.
A school for children of pre-school age in which constructive
endeavors, object lessons, and helpful games are prominent features
of the curriculum.
Legal nonconforming use, building or yard.
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 regulation of the district in which it is
situated. 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 considered an illegal nonconforming
use.
Lot.
A parcel of land occupied or to be occupied by one building,
or unit group of buildings, and the accessory buildings or uses customarily
incident thereto, including such open spaces as are required under
this chapter, and having its principal frontage upon a public street
or place.
Lot, corner.
A lot abutting upon two 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 building official.
Lot depth.
The mean horizontal distance from the front street line to
the rear lot line.
Lot line, rear.
The boundary which is opposite and most distant from the
front street line; except that in the case of uncertainty the building
official 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 an alley or
side street line.
Lot of record.
A lot which is part of a subdivision, a map of which has
been recorded in the office of the county clerk of Parker County.
Lot width.
The horizontal distance between side lines, measured at the
front building line, as established by the minimum front yard requirements
of this chapter.
Masonry coverage.
Brick, stone, stucco, block and concrete walls are considered
masonry (also see decorative masonry), and the method of calculation
of masonry coverage shall be the percentage of the total exterior
wall surface below the first top plate line, excluding doors and windows.
Mobile home.
A vehicle used for living or sleeping purposes and standing
on wheels or rigid supports, but which when properly equipped and
situated can be towed behind a motor vehicle. A trailer coach is a
mobile home.
Modular home.
A factory-built dwelling unit, attached or detached, which
is wholly or partially constructed away from its building site or
lot and moved to a building lot where it is affixed to a permanent
foundation or situated as a permanent building. A modular home is
a residential use. A mobile home shall not be construed as a modular
home.
Motel, motor hotel, or tourist court.
Any establishment offering to the transient public the use
of guest rooms or sleeping accommodations for compensation. Such an
establishment consists of a group of attached or detached guest rooms
or sleeping accommodations the majority of which have private and
direct access from parking areas not through common entrance and lobby.
The establishment furnishes customary hotel services and may contain
a restaurant, club, lounge, banquet hall, and/or meeting rooms. A
motel is a nonresidential use.
Off-street loading space.
A concrete space located outside of a public street or alley
for the discharge of passengers or a space directly accessible to
the building it serves for bulk pickup and deliveries by delivery
vehicles.
Off-street parking place.
A concrete surface located outside of the right-of-way of
a public street or alley 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 without backing into
a public street.
Open space.
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 projection of cornices, eaves, or porches.
Residence.
A building occupied as the abiding place of one or more persons
in which the use and management of sleeping quarters, all appliances
for cooking, ventilating, heating or lighting are under one control
and which shall include single-family dwellings, which shall be the
principal building on any lot in residential districts.
Restaurant or cafe.
A building or portion of a building, not operated as a dining
room in connection with a hotel or boarding house, where food is served
for pay and for consumption in the building, and where provisions
may be made for serving food on the premises outside the building.
Screening device.
A barrier of stone, brick, pierced brick or block, uniformly
colored wood, or other permanent material of equal character, density,
and acceptable type and of a density that will not permit through
passage, or an acceptable combination of these materials. Such screening
device shall be continuously maintained, and shall be constructed
along the rear lot line and side lot lines between "R-3", "O", "LR",
and "C" districts and "R-1" and "R-2" districts.
Servant's quarters.
An accessory building located on the same lot or grounds
with the main building, and used as living quarters, for servants
employed on the premises, and not rented or otherwise used as a separate
domicile.
Setback.
The minimum horizontal distance between the front wall of
any projection of the building, excluding steps and unenclosed porch
and the street line.
Story.
That part of a building included between the surface of one
floor and the surface of the floor above, or if there be no floor
above, that part of the building which is above the surface of the
highest floor thereof. 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 above the curb level, established
or mean street grade, or average ground level, as mentioned in "Height
of buildings" in this section.
Street.
A public thoroughfare which affords primary access to abutting
property.
Structure.
Anything constructed or erected, which requires location
on the ground or attached to something having a location on the ground,
including, but not limited to, buildings, advertising signs, and billboards,
but exclusive of customary fences or boundary or retaining walls.
Subdivision developer's sales office.
Shall mean and include structures conforming to the Uniform
Building Code used for the purpose of selling residential structures
within the immediate proximity of the sales office. Said subdivision
developer sales office shall be completely removed or put to a use
permitted by the City of Willow Park, Texas, zoning ordinance after
all residential structures in the immediate proximity have been sold.
Terminal, motor freight.
The use of property or buildings for the temporary parking
of motor vehicles or trucks of common carriers during loading and
unloading and between trips, including necessary warehouse space for
storage of transitory freight.
Townhome.
A single-family dwelling which is attached to one or more
similar dwellings by a common fire wall or fire walls, and which in
combination with the attached dwellings constitute an architectural
whole, located on a separate lot, and having its principal frontage
on a street. Such dwelling units when so constructed may be under
separate ownership.
Used car lot.
A lot or portion thereof to be used only for the display
and sale of automobiles that are in condition to be driven on or off
the lot. A used car lot shall not be used for the storage of wrecked
automobiles, or the storage of automobile parts.
Variance.
A modification or variation of the provisions of this chapter,
as applied to a specific piece of property, as distinct from rezoning.
Yard.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward except as otherwise provided. In measuring
a yard for the purpose of determining width of a side yard, the depth
of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the main building shall be used.
Yard, front.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
Yard, rear.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
Yard, side.
A yard between the building and the side line of the lot
and extending from the front yard to the required minimum rear yard.
(Ordinance 335-93 adopted 2/16/1993; 1993 Code, ch. 12, ex. A, sec.
3.00; Ordinance 414-97 adopted 12/16/1997; Ordinance 747-17, sec. 2, adopted 3/14/2017; Ordinance 763-18 adopted 1/9/2018; Ordinance 811-20, sec. 2(F),
adopted 11/10/2020; Ordinance
834-21, sec. 2(1), adopted 7/13/2021)