(A) Rules for construction of language. For the purpose of the administration and enforcement of this chapter, and unless otherwise stated in this chapter, the following rules of construction shall apply:
(1) The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
(2) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(3) The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” “provided for,” or “occupied for.”
(4) The word “person” includes an individual, a corporation, a partnership, or any other similar entity.
(5) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events, connected by the conjunction “and,” “or,” or “either...or,” the conjunction shall be interpreted as follows:
(a) “And” indicates that all the connected items, conditions, provisions, or events shall apply;
(b) “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination;
(c) “Either...or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
(6) The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all instances or circumstances of like kind or character.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. The primary means of ingress and egress to abutting property from a dedicated right-of-way.
ACCESSORY STRUCTURE. A structure incidental and subordinate to the principal use of the property and located on the same lot as the principal use.
ALLEY. A public or private right-of-way, not more than 30 feet in width, which affords a secondary means of public or private access to property abutting thereon.
ANIMAL CREMATORY. A structure containing a furnace used or intended to be used for the cremation, or reducing to ashes, of animal remains.
APARTMENT. See DWELLING, MULTIPLE FAMILY.
AUTOMOTIVE REPAIR FACILITIES. Establishments used for mechanical engine overhaul which includes the removal of engine, chassis, or body components for repair or replacement; and wherein the dispensing of gasoline may be included but not gasoline service stations. AUTOMOTIVE REPAIR FACILITIES shall also include body, paint, brake, transmission and tire service shops.
BOARDING HOUSE. An establishment with lodging for four or more persons, where meals with compensation are regularly prepared and served to such lodgers, without service or ordering of individual portions from a menu.
BUILDABLE AREA. That portion of a lot remaining after the required yard setbacks have been provided.
BUILDING. Any structure, either temporary or permanent, having a roof, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind. This definition shall include tents, dining cars, trailers, mobile homes, sheds, garages, carports, animal kennels, storerooms, or vehicles serving in any way the function of a building as described herein.
(1) ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of the principal building on the same lot.
(2) PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applicable to the principal building. A detached and structurally independent carport, garage, or other structure shall conform to the requirements of any accessory building.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building except that the distance shall be measured to the average height between the eaves and ridge for gable, hip or gambrel roofs and to the deck line of a mansard roof.
BUILDING SETBACK LINE
or
BUILDING LINE
or
SETBACK LINE
. A line defining an area on the building lot between the street right-of-way line and all other property lines and the building line within which no building or structure shall be constructed (also referred to as a "yard"), encroach or project except as specifically authorized in an adopted ordinance of the city. The term
BUILDING SETBACK LINE
may be used interchangeably with the terms
BUILDING LINE(S)
and
SETBACK LINE(S)
throughout the Zoning Code.
(1) FRONT BUILDING SETBACK LINE
(defining a front yard). A line parallel to the street right-of-way line which the building faces, and takes its primary access from. Where lots have multiple frontages on one or more streets, the required front yard shall be provided on each street (see examples below).
(2) SIDE BUILDING SETBACK LINE
(defining a side yard). A line parallel to an adjacent lot which the building sides up to.
(3) REAR BUILDING SETBACK LINE
(defining a rear yard). A line parallel to an adjacent lot or alley, which the building backs up to and has its rear or secondary access from.
BUSINESS SERVICE ESTABLISHMENTS. Establishments providing supplies and services to business and professions and telephone answering service, office supply and stationery stores, delivery and messenger services, advertising agencies, direct mail service, detective agencies, employment agencies, collection agencies, and any other establishments offering goods or services of a similar nature, but not including establishments of research or light industrial nature.
CENTERLINE. The line midway between the street right-of-way lines or the surveyed and prescribed centerline established by the city which may not be the line midway between the existing or proposed street right-of-way lines.
CHILD DAY CARE CENTER. A place, home, building or location where care is provided for four or more children under the age of 18 years. Such term specifically includes nursery schools, kindergartens or any other facility caring for children during the day or night.
CLINICS. A medical office or group of offices, used for the care, diagnosis and treatment of sick, injured persons, and those in need of medical or surgical attention, but not involving overnight care on the premises. Clinics may include accessory facilities for retail sales of pharmaceuticals, and medical, optical or dental supplies.
COMMERCIAL AMUSEMENT. An indoor or outdoor enterprise (such as a bingo parlor, driving range, miniature golf course, pony rides, miniature train rides, rodeo, water slides, go-cart track, giant
slide, motorcycle track, skateboard track, video arcade, eight liner arcade, bowling alley, billiard parlor and similar enterprises) whose main purpose is to provide the general public with a variety of amusing or entertaining activities, and where tickets are sold or fees collected to participate in any such enterprise.
CONTRACTOR SHOPS AND YARDS. Stores, fabrication and repair shops and yards for cabinet makers and carpenters, electrical contractors, electric sign contractors, glaziers, heating and sheet metal contractors, linoleum and carpet contractors, painters, plumbers, roofers, tent and awning contractors, upholsterers, and any other concern of a similar nature, but not including concrete mixing or asphalt plants.
COURT, GENERAL. An open space, other than a yard, on the same lot with a building or structure, which is bounded on two or more sides by the walls of such building or structure.
(1) OUTER COURT. A court enclosed on three sides by exterior walls of a building or structure, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
(2) INNER COURT. A court which is completely surrounded by a building or buildings.
DENSITY. An existing or projected relationship between the allowable lot area per dwelling unit for a district and the land area zoned in each zoning district. The number of dwelling units is found by dividing the total land area zoned in each zoning district by the allowable lot area for that district.
DRY GOOD STORES. Establishments selling clothing, linens, blankets, yardage and notions and shall include shoe repair stores, gift stores, notions stores, luggage stores, tailor shops, yardage stores, shoe stores, clothing stores, and other stores of a similar nature, but excluding variety stores and department stores.
DWELLING UNIT. A dwelling unit consists of one or more rooms which are arranged, designed or used as living quarters, including permanently installed individual bathrooms and complete kitchen facilities.
(1) DWELLING, SINGLE-FAMILY ATTACHED. A structure designed as one dwelling unit at ground space and intended to be occupied exclusively by one family and structurally connected by common walls or with separation of not more than one inch from at least one or more other dwelling units.
(2) DWELLING, SINGLE-FAMILY DETACHED. A structure designed as one dwelling unit and intended to be occupied exclusively by one family and structurally connected to no other dwelling unit.
(3) DWELLING, MULTIPLE-FAMILY. A structure designed with more than one dwelling unit with accommodations for each dwelling unit independent of each other and intended to be occupied by more than one family.
EATING ESTABLISHMENTS. Establishments where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises, and shall include restaurants, cafes, coffee shops, donut shops, ice cream parlors, soda fountains, hamburger and hot dog stands, sandwich shops, delicatessens, cafeterias and other stores of similar nature.
FAMILY. A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.
FINANCIAL INSTITUTIONS. Establishments and offices offering financial services or counsel and shall include full service banks, saving and loan institutions, stock brokers offices, banking companies, finance company offices, credit union offices and any other institutions of a similar nature.
FOOD STORES. Establishments selling food and/or drink products for consumption off the premises and shall include convenience grocery stores, fruit and vegetable stores, bakeries, retail (limited preparation of products for on-premises sales) meat and fish stores, dairy product stores, butcher shops, candy stores, liquor and/or wine stores and other stores of a similar nature.
FRONTAGE. Distance measured along an abutting public street right-of-way.
FURNITURE AND APPLIANCE STORES. Establishments selling new or used furniture or appliances and providing incidental service and maintenance and shall include new and used furniture stores, appliance stores, antique dealers, carpet and linoleum dealers, and other establishments of a similar nature.
GASOLINE SERVICE STATION. Establishments for servicing of automotive vehicles which includes activities such as oil changes, lubrication, dispensing of gasoline, tune up, tire replacement and repair, and wheel alignment and balancing, but no overhaul, body or paint shops. Brake and transmission shops shall also be considered minor automotive repair facilities.
HOME OCCUPATION. Any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of a retail business, and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his or her private dwelling. HOME OCCUPATIONS shall include, in general, personal or professional services such as furnished by an architect, lawyer, physician, dentist, musician, artist, barber, and seamstress when performed by the person occupying the building as his or her private dwelling and not including a partnership or the employment of more than one assistant in the performance of such services.
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 contrast to a boarding house, a lodging house, or a multiple-family dwelling which are herein defined.
HOUSEHOLD AND FAMILY SERVICE ESTABLISHMENTS. Establishments providing for the sale, repair, and/or maintenance of articles of normal home or family use and shall include cleaning and drying establishments, coin operated laundries, lawn mower and saw sharpening, fix-it shops, smaller home appliance stores and repair shops, sewing machine stores, hardware stores, camera and photo supply stores, pet stores excluding veterinarian services, art stores, music stores, pawn shops, florists and any other shops of a similar nature; provided, however, that establishments for the selling, repairing and/or maintenance of vehicles or tires shall not be deemed to be household and family service establishments.
LIVING UNIT. See DWELLING UNIT.
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 or more persons in contrast to hotels open to transients.
LOT. A piece, parcel, tract, or plot of land in an approved subdivision.
(1) LOT AREA. The total horizontal area included within lot lines.
(2) LOT COVERAGE. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot expressed as a percentage.
(3) LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
(4) LOT LINE. The boundary line of a lot in a platted subdivision.
(a) FRONT. That property line which abuts on a public street or an approved private way, or in the event the property abuts on two or more streets or approved private ways, it shall mean that property line abutting on a street or approved private way, and which has been so designated by the owner at the time of his application for a building permit.
(b) SIDE. Any property line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
(c) REAR. That boundary of a lot which is most distance from and is, or is most nearly, parallel to the front lot line.
(5) LOT OF RECORD. A lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat prior to the effective date of this chapter.
(6) LOT, CORNER. Lot bounded by more than one intersecting street.
(7) LOT WIDTH. The mean horizontal distance between the side lot lines measured at the required front property line.
MOBILE HOME. A structure that was constructed before June 14, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, 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 included plumbing, heating, air-conditioning and electrical systems.
(Tex. Rev. Civ. Stat. Art. 5221f, § 3)
MOBILE HOME PARK. A parcel of land designed, constructed, equipped, operated, managed and maintained for the purposes of providing spaces for rent or lease on which are placed mobile homes which are rented, leased or owned.
MOBILE HOME SUBDIVISION. The division of a parcel of land into contiguous lots or parcels, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivisions, for the purpose of transfer of ownership and the subsequent placement of a mobile home on such lot or parcel for the establishment of a permanent residence and meeting all requirements of the city subdivision regulations.
MOTEL. 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 of guests and/or their vehicles.
NONCONFORMING BUILDING OR STRUCTURE. A building or structure existing at the time of passage or amendment of this chapter which does not conform to the property development and regulations of area, height, lot coverage, yard setbacks, or other like requirements of the district in which it is located.
NONCONFORMING LOT. Any single lot, tract or parcel of land in existence at the time of passage or amendment of this chapter which does not meet the minimum dimensions, area or other regulations of the district in which it is located.
NONCONFORMING USE. Any land use existing at the time of passage or amendment of this chapter which does not conform to the provisions, requirements and regulations of the district in which it is located.
ON-SITE CONSTRUCTION. Buildings which are primarily constructed upon the premises where they are to stand permanently (that is, the foundation, walls, siding, roof and floor covering must be constructed on the such premises).
PARKING SPACE, OFF-STREET. An area of not less than 162 square feet, surfaced with a suitable, dust free surface, enclosed or unenclosed, exclusive of driveways and alleys, and adjacent to a driveway or alley, with the minimum dimensions of 9 feet by 18 feet, designed so as to be used for parking of a motor vehicle.
PERSONAL SERVICE ESTABLISHMENTS. Establishments and offices offering services for the health and welfare of the individual and shall include barber shops, beauty shops, reducing or slenderizing studios, and any other establishments of a similar nature, but not including any professional services.
PORTABLE BUILDING. A movable structure constructed on skids or wheels that is capable of being transported. A PORTABLE BUILDING shall be an accessory structure as defined by this section.
PREFABRICATED STRUCTURE. A structure made or built in standard-sized sections for shipment and quick assembly. A PREFABRICATED STRUCTURE may be pre-assembled or assembled on the site.
PROFESSIONAL SERVICES. Services offered by doctors, lawyers, accountants, real estate brokers, insurance agents, land developers, engineers, architects, planners, computer systems analysts and any other individuals or groups offering professional services of a similar nature.
PROPERTY LINE. See LOT LINE.
PUBLIC BODY. Any government or governmental agency, board, commission, or authority of the city of Gun Barrel City, Henderson County, State of Texas, or the U.S. government or any legally constituted district.
PUBLIC USE. The use of any land, water, or buildings by a public body for a public service or purpose.
RECREATIONAL AND SPORT STORES. Establishments selling sporting goods, bicycles, and other sports and recreation equipment and shall include sporting goods stores, gun shops, bicycle shops including bicycle repair, toy stores and any other stores selling goods of a similar nature, but excluding motorized recreation vehicle sales and services including cycle sales and services.
RECREATION VEHICLE. Any vehicle designed and intended for recreational purposes, and shall include trailers, travel trailers, camp-cars, pickup campers, buses, tent trailers or any other similar vehicles with or without motive power, designed and constructed to travel on public thoroughfares.
RESIDENCE. See DWELLING UNIT.
RIGHT-OF-WAY. A strip of land dedicated or deeded to the perpetual use of the public.
SEMI-PUBLIC BODY. Churches and organizations operating as a non-profit activity serving a public purpose of service and includes such organizations as noncommercial clubs and lodges, theater groups, recreational and neighborhood associations, and cultural activities.
SEMI-PUBLIC USE. The use of any land or building by a semi-public body.
SPECIAL EXCEPTION. A use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, and approved through a public hearing of the Board of Adjustment would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance or prosperity. Such uses may be permitted in such zoning districts as special exceptions and as outlined in the applicable zoning district.
STORAGE BUILDING. See ACCESSORY STRUCTURE.
STORY. That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it then the space between the floor and the ceiling next above it.
STORY, HALF. A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.
STREET. A right-of-way which provides principal vehicular and pedestrian access to adjacent properties.
(1) PRIVATE STREET OR WAY. A private right-of-way serving more than one ownership, built to standard city specifications for a public street and approved as provided herein. A private street or way is owned in common by the owners of real property in the subdivision and must be maintained by the homeowners association of the subdivision.
(2) PUBLIC STREET. A right-of-way dedicated to public use, built to standard city specification for a public street, whether designated as a street, avenue, highway, road, boulevard, lane, place or otherwise, and which has been accepted by the city for maintenance.
STREET RIGHT-OF-WAY. The property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the exact location of the right-of-way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as the right-of-way line.
STRUCTURAL ALTERATION. Any change except for repair or replacement in the supporting members of a structure such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls of a structure.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, and having a height of four inches or more except for patios, parking and loading facilities, walls, or fences. See also ACCESSORY STRUCTURE.
TATTOO STUDIO. Any establishment, place of business, or location, wherein adornment of any part of the human body or head, whether artistic, cosmetic or otherwise, is practiced through the use of needles, scalpels, or any other instruments designed to touch, penetrate or puncture the skin for purposes of: inserting, attaching or suspending jewelry, decorations or other foreign objects; producing an indelible mark or figure on the human body or face by scarring skin or flesh; producing an indelible mark or figure on the human body or face by inserting a pigment under or upon the skin; or permanently changing the color or other appearance of the skin.
TRAILER or MOTOR HOME. See RECREATION VEHICLE.
USABLE OPEN SPACE. That part of the ground area (improved or unimproved) roof, balcony, or porch which is designed or intended for outdoor living, recreation, or utility space and may include recreational buildings or structures, but shall not include streets, driveways, parking and loading areas or any other paved vehicular ways and facilities as well as all required minimum front yard areas.
USE. Any activity, functions, or purpose, to which a parcel of land or building is put and shall include the words used, arranged, or occupied, for any purpose, including all residential, commercial, business, industrial, public or any other use.
(1) ACCESSORY USE. A use which is wholly incidental to and supportive of the principal use on the same lot.
(2) PRINCIPAL USE. The primary purpose for which land or building is used as permitted by the applicable zoning district.
VARIANCE. A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where a literal enforcement of this chapter would result in unnecessary and undue hardship.
VEHICLE. Any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters, but shall not include tractors, construction equipment, or machinery, or any device used in performing a job as stated above.
ZONING DISTRICT. A portion of the territory of the city including the Zoning Map and all amendments to such zoning ordinance and Zoning Map.
(Ord. 100, passed 12-12-78; Am. Ord. 99-025, passed 11-9-99; Am. Ord. 01-012, passed 8-28-01; Am. Ord. O-2012-005, passed 4-24-12; Am. Ord. O-2019-004, passed 2-26-19; Am. Ord. O-2021-027, passed 12-17-19)