Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. Where terms are not defined, they shall have their ordinary accepted meanings.
ASSISTED LIVING FACILITY. A facility that furnishes food and shelter and provides personal care and services pursuant Tex. Health & Safety Code Ch. 247.
BUILDING. Any structure either temporary or permanent, having a roof or other covering, and designed, built or intended for the shelter or enclosure or partial enclosure of persons, animals, chattels or movable property of any kind or for an accessory use. Where independent units with separate entrances are divided by absolute fire separations, each unit so separated shall be deemed a building. This definition shall include structures wholly or partly enclosed with an exterior wall.
BUILDING, ACCESSORY. A building which:
(1) Is subordinate to and serves a principal structure or a principal use;
(2) Is subordinate in area, extent, and purpose to the principal structure or use served;
(3) Is located on the same lot as the principal structure; and
(4) Is customarily incidental to the principal structure or use. Any portion of a principal structure devoted or intended to be devoted to an accessory use is not an accessory structure.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of the Building Code, or the Building Official’s authority.
BUILDING STANDARDS REGULATIONS. The set of building regulations adopted by the city, including, but not limited to, the International Property Maintenance Code, Chapter 150 of the code of ordinances, and Minimum Building Standards adopted by the city.
CERTIFICATE OF OCCUPANCY. A certificate issued by the city in accordance with all applicable laws, ordinances, or codes authorizing occupancy of the building.
CITY. The City of Mansfield.
COMMUNITY HOME. A community-based residential home, as defined by Tex. Human Res. Code Ch. 123, that is operated by: a) the Department of Aging and Disability Services; b) a community center organized under Tex. Health & Safety Code Ch. 534, Subch. A, that provides services to persons with disabilities; c) an entity subject to the Texas Nonprofit Corporation Law as described by Tex. Bus. Org. Code § 1.008(d); d) an entity certified by the Department of Aging and Disability Services as a provider under the ICF-IID medical assistance program; or e) an assisted living facility licensed under Tex. Health & Safety Code Ch. 247, provided that the exterior structure retains compatibility with the surrounding residential dwellings.
CRITICAL VIOLATION. A violation of the International Property Maintenance Code as adopted by the city, City Charter, the city’s code of ordinances, or other local, state or federal law that is capable of causing or contributing to injury or illness of occupants.
DWELLING UNIT. A building or structure designed to be or occupied as a residence for humans.
EQUIPMENT. Any items used in connection with the operation of a multi-family dwelling complex, nursing facility, assisted living facility, or lodging establishment including but not limited to any washer, dryer, ice machine, fans, air-conditioning units, heaters, refrigerators, or cooking units.
EXISTING BUILDING. A building constructed in compliance with all codes at the time of construction, or one for which a legal building permit has been issued prior to the effective date of this chapter.
FAMILY. Any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage or adoption.
FIRE CHIEF. The Fire Chief or his or her designated representative.
HABITABLE. The space, floor area or room in a dwelling unit used for living, sleeping, cooking and eating but excludes bathrooms, laundry rooms, pantries, closets and other storage space, foyers, hallways and utility rooms.
HOSPITAL. A facility in which there are complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, nursing, and the prolonged care of bed patients.
HOT WATER. Water heated to a temperature of at least 110 degrees Fahrenheit measured at the faucet outlet.
IMPROPER. Not approved, inadequate, deteriorated, defective, insufficient, or not in operating condition. The term does not include improvements which conformed with all applicable laws at the time of their construction and which have been adequately maintained.
LANDLORD. The traditional meaning of owner or lessor, and additionally includes a management company, or managing agent, including an on-site manager or other property manager, of a multi-family dwelling complex. The term also includes owners of hotels, motels, condominiums, bed and breakfast establishments, inns, and extended stay lodging establishments.
LEASE. A contract or rental agreement granting use or occupation of property at a multi-family dwelling complex during a specified period, subject to various terms and conditions, in exchange for a specified rent.
LIFE SAFETY VIOLATION. A violation of the International Property Maintenance Code as adopted by the city, City Charter, the city’s code of ordinances, or other applicable local, state, or federal law that represents an imminent threat of death or injury to persons on the premises of a multi-family dwelling.
LODGING ESTABLISHMENT. Any building, complex of buildings, or any other facility in which the public may, for consideration, obtain sleeping accommodations. The term includes hotels, motels, condominiums, bed and breakfast establishments, inns, extended stays, apartments not occupied by permanent residents, vacation rentals, and all other facilities where rooms or sleeping facilities or space is furnished for consideration. The term “hotel” does not include hospitals, sanitariums, nursing or assisted living facilities, jails, prisons or detention centers, college dormitories or housing facilities of the type described in Tex. Tax Code § 156.001(a) or an oilfield portable unit, as defined by Tex. Tax Code § 152.001. For purposes of this chapter, the term LODGING ESTABLISHMENT does not include a short-term rental or community home. The term LODGING ESTABLISHMENT does not include a residence or portion of a residence rented to a member of the resident’s family; a dwelling unit on a seminary; a dwelling unit operated by a nonprofit organization; or any government owned facility that provides lodging and similar services.
MINIMUM BUILDING STANDARDS. The most recently adopted edition of the International Council of Codes, National Electrical Code, and other local amendments as adopted by the city.
MULTI-FAMILY DWELLING COMPLEX. A building or buildings containing three or more dwelling units owned by the same person or entity or person on a single platted lot, or if the land on which the building or buildings is not platted, then any building or buildings that provides three or more dwelling units owned by the same entity or person on a contiguous tract of land.
NON-CRITICAL VIOLATION. A violation of the International Property Maintenance Code as adopted by the city, City Charter, city’s code of ordinances, or other local, state, or federal law that is not considered a life safety or critical violation.
NOTICE OF VIOLATION. A written notice that a violation of the city code exists.
NURSING FACILITY. Convalescent and nursing facilities which provide services pursuant to Tex. Health & Safety Code Ch. 242.
OPERATING CONDITION. Equipment maintained and free of leaks, safe, sanitary and in good working order.
OWNER. Any person holding title to a multi-family dwelling complex, according to the deed records in the County Clerk’s office of the county in which the complex is situated.
PERSON. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
PROPERTY MANAGER. A person who, for any form of consideration, has managing control of premises.
REGULATORY COMPLIANCE DEPARTMENT. The Regulatory Compliance Department and its authorized representatives, acting through the City Manager or their designated representatives.
ROOMING/BOARDING HOUSE. A building other than a hotel or multi-family dwelling where lodging is provided for compensation for three but not more than 12 persons, where meals may or may not be served, and where facilities for food preparation are not provided in the individual rooms. Where meals are served, they shall be served only to the residents of the boarding house.
SHORT-TERM RENTAL. The rental for compensation of any residence or residential structure, or a portion of a residence or residential structure, for the purpose of transient or guest overnight lodging accommodations for a period of less than 30 consecutive days. SHORT-TERM RENTALS may include, but are not limited to, single family residences, townhomes, duplexes, and other residential dwelling units, regardless of whether the dwelling was originally constructed or zoned as a residential dwelling. SHORT-TERM RENTALS shall not include hotels or motels.
ZONING ORDINANCE. The Comprehensive Zoning Ordinance of the city as adopted and amended from time to time.
(Ord. OR-2225-21, passed 10-11-21; Am. Ord. OR-2232-21, passed 12-13-21; Am. Ord. OR-2251-22, passed 5-9-22; Am. Ord. OR-2267-22, passed 7-25-22; Am. Ord. OR-2353-24, passed 3-25-24)