For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, while the word "may" implies an option. Definitions not expressly prescribed herein are to be determined in accordance with the law. Definitions expressly prescribed herein are to be construed in accordance with the city's subdivision ordinance or other applicable ordinances of the city, or in the absence of those ordinances, then in accordance with the customary usage in municipal planning, surveying and engineering practices.
ACCESS. A means of egress and ingress from a tract of land to a dedicated right-of-way or from a city-approved private street.
ACCESSORY BUILDING. A structure, the use of which is incidental, appropriate and subordinate to that of the principal structure on the same lot.
ACCESSORY USE. A land use, activity or structure that is customarily incidental, appropriate and subordinate to the principal use of the land or of the principal structure on the same lot.
AGRICULTURE. The use of land including but not limited to farming, dairying, ranching or animal or poultry husbandry, and the necessary accessory operations for packing, crating or storing the produce; provided that the operations of any such accessory operations must be secondary to that of the normal agricultural activities.
APARTMENT. See MULTI-FAMILY.
BASEMENT. The part of a building with more than half its height below the average ground level. A BASEMENT shall not be counted as a story. This term includes CELLAR.
BOARD. The Board of Adjustment of the City of Martindale.
BOARDINGHOUSE. A dwelling, other than a hotel or motel, where not more than four separate sleeping rooms for unrelated persons are provided for compensation. This term includes ROOMING HOUSE.
BUILDABLE AREA. The portion of a lot remaining after the required setbacks have been provided.
BUILDING HEIGHT. The vertical distance from the average ground level to the highest point of the roof.
BUILDING LINE. A line within a lot defined by the minimum permitted horizontal distance from an adjacent property line.
CELLAR. See BASEMENT.
CHILD CARE CENTER. Any place, home or institution which provides temporary custodial care and is regulated by the state.
COMMISSION. The Planning and Zoning Commission of the city.
COMPREHENSIVE MASTER PLAN. A statement of public policy containing the goals and objectives of the community which may include:
(1) Capital improvements programs;
(2) Land use plan;
(3) Thoroughfare plan;
(4) Community facilities plan; and
(5) Subdivision and zoning regulations and other development codes, ordinances, policies and plans promulgated by the Council for the quality and orderly growth of the community.
CONDOMINIUM. A type of multi-family dwelling in which each dwelling unit is owned by the occupant but in which the halls, entrance ways and underlying land are wholly or in part jointly owned.
COUNCIL. The City Council of the City of Martindale.
DEVELOPMENT TYPE. The form and use of a residential structure allowed or permitted within the various residential districts within the city.
DUPLEX. A residential development type which provides for two dwelling units within a single principal structure. Separate ownership of units with separate and/or common ownership of portions of accessory buildings or yard areas does not constitute a condominium.
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons; including permanent provisions for living, sleeping, eating, cooking and sanitation.
FAMILY HOME DAY CARE (ADULT). A facility that regularly provides care in the caretaker's own residence for not more than six adults at any given time, and that conforms to Tex. Human Resources Code, Ch. 42, and all other applicable state standards.
FAMILY HOME DAY CARE (CHILDREN). A facility that regularly provides care and supervision in the caretaker's own residence for not more than six children under the age of 14 years, excluding the caretaker's own children, and that conforms to Tex. Human Resources Code, Ch. 42, and all other applicable state standards.
FRAME VERNACULAR. Architecture having a wooden framework, often exposed, with plaster, brick, stone or other masonry filling the spaces.
GABLE ROOF STYLE. A roof having a single slope on each side of a central ridge; usually with a gable at one or at both ends of the roof.
GROSS DENSITY. The number of dwelling units per acre utilizing the entire parcel of land, including open spaces and one-half of the adjoining right-of-way.
GROUP HOME. A specialized lodging and boarding house which provides long term supervised housing in a conventional residential setting for no more than six persons who are physically, mentally or developmentally disabled or are victims of crime, and having no more than two supervisory personnel in residence at the same time.
GUEST HOUSE. An attached or detached accessory unit, containing no kitchen or cooking facilities, used to house guests of the occupants of the principal building, and which is not rented separately.
HEAVY INDUSTRY. Establishments engaged in the manufacturing of products from extracted or raw materials or the bulk storage and handling of the products and materials; or a use engaged in storage or manufacturing processes involving flammable or explosive materials or storage and manufacturing processes that involve potentially hazardous materials or materials commonly recognized as offensive. Uses in this category typically involve a high incidence of truck or rail traffic and outdoor storage of products, materials, equipment or bulk fuel. HEAVY INDUSTRY includes such uses as chemical manufacturing or processing; food processing and packaging plants over 10,000 square feet in size; laundry and dry cleaning plants over 10,000 square feet in size; oil or gas wells and facilities for exploration, production or refining of oil or gas; gas or oil pipeline manufacturing; tank farms, oil or gas storage; slaughterhouses and animal stockyards; concrete, asphalt and tar plants; scrap, junk or metal recovery yards, tire storage or recycling yards; stonework and concrete manufacturing; power generation plants; mining or excavation for commercial purposes; refuse collection, refuse transfer and recycling facilities that are not fully enclosed; sanitary landfills; and other similar uses.
HOME OCCUPATION. Any occupation or profession carried on by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the structure for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on.
HOTEL. A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a HOTEL or MOTEL, an establishment shall provide five or more individual guestrooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture. This term includes MOTELS.
HUD-CODE MANUFACTURED HOME. A structure, constructed on or after June 15, 1976, meeting the National Manufactured Home Construction and Safety Standards Act as administered by the United States Department of Housing and Urban Development. The term does not include mobile homes or recreational vehicles as defined in this section.
INDOOR RECREATION, ENTERTAINMENT AND AMUSEMENT FACILITIES. Arcade, billiard/pool hall, bowling alley, skating rink, gymnasium, natatorium, health club or theater within an entirely enclosed building.
INDUSTRIALIZED DWELLING. See MODULAR DWELLING.
LAND USE PLAN. A document adopted by the Council which attempts to identify and guide growth within the city, and is a part of the comprehensive master plan.
LANDSCAPE AREA. An area greater than one foot in width within the developed area of a lot or parcel that is comprised of pervious surface integrated with living plant material, including but not limited to trees, shrubs, flowers, grass or other living ground cover, or native vegetation. Undeveloped portions of the site cannot be considered LANDSCAPED AREA.
LIGHT INDUSTRY. An establishment engaged in the manufacture of finished products or parts, predominately using previously prepared materials, including processing, fabrication, assembly, treatment and packaging of the products, and incidental storage, sales and distribution of the products.
LOT DEPTH. The average of the length of the side lot lines.
LOT WIDTH. The average of the length of the front lot line and of the rear lot line.
MANUFACTURED HOME. A HUD-Code manufactured home.
MANUFACTURED HOME PARK. A tract of land not less than five acres in size under single ownership, which is designed and improved to contain two or more spaces available for long-term lease or rent to the public for the placement of manufactured homes, and which may include private streets, buildings and other facilities and services for common use by the residents, in conformance with the regulations and ordinances of the city.
MANUFACTURED HOME SUBDIVISION. A division of land not less than five acres in size for the purpose of sale of two or more lots intended to be developed with residential units including manufactured homes, and having all necessary public utilities, streets and other facilities required by Chapter 154.
MOBILE HOME. A structure that was constructed before June 15, 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 includes the plumbing, heating, air conditioning and electrical systems. The term does not include recreational vehicles as defined in this section.
MODULAR DWELLING. A prefabricated single-family or duplex dwelling assembled on a permanent foundation that is not a manufactured home, as defined in this section, and has been constructed and inspected so that it complies with the State Industrialized Housing and Buildings Act as administered by the State Department of Licensing and Regulation, and which complies with the International Residential Code as currently adopted by the city. MODULAR DWELLINGS shall be considered the same as the corresponding site-built single-family or duplex residential development types for the purpose of regulation under this chapter.
MOTEL. See HOTEL.
MULTI-FAMILY. A residential development type which provides for five or more dwelling units within a single principal structure. Separate ownership of one or more units shall constitute a condominium. This term includes and is synonymous with APARTMENT.
NONCONFORMING BUILDING. Any building, or part thereof, lawfully existing or occupied at the effective date of this chapter that does not comply, after the passage of this chapter, with the height, yard or coverage area regulations of the district in which it is located.
NONCONFORMING LOT. Any lot lawfully existing at the effective date of this chapter that does not comply, after the passage of this chapter, to the width, depth and area regulations of the zoning district in which it is located.
NONCONFORMING USE. Any use lawfully existing at the effective date of this chapter that does not comply, after the passage of this chapter, with the use, parking, loading or screening regulations of the district in which it is located.
PATIO HOME. A residential single-family development type which provides for utilization of the presently existing small lots within the city. This term includes zero-lot-line home, garden home and other similar dwellings.
PRINCIPAL STRUCTURE. The primary building on a lot which by its design defines the use and character of the tract.
RECREATIONAL VEHICLE. A vehicular-type portable structure without a permanent foundation that can be towed, hauled or driven which is designed as a temporary living accommodation for recreational, camping and travel use, and which includes but is not limited to travel-trailers, truck-campers, camping trailers and self-propelled motor homes.
RECYCLABLE MATERIAL. A nonputrescible, source-separated, nonhazardous material that has been recovered or diverted from the municipal waste stream for purposes of reuse, recycling or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials.
RECYCLING FACILITY. A collection point for recyclable materials that is exempt from State Commission on Environmental Quality municipal solid waste permitting and registration requirements under the Texas Administrative Code.
ROOMING HOUSE. See BOARDINGHOUSE.
ROW HOUSE. See TOWNHOUSE.
SEXUALLY-ORIENTED BUSINESS. An adult book store, adult video arcade, adult movie theater, massage parlor (other than a state registered massage or therapy service), sexual encounter center, nude modeling studio, cabaret, gentlemen's club or other establishment that either: has any form of live or recorded entertainment that provides sexual stimulation or sexual gratification to patrons; and/or which devotes more than 20% of its merchandise display area, or signage or other advertising, to the sale, rental or exhibition of devices, materials or other items used for sexual stimulation or gratification or which depict sexual nudity or sexual activities, or which derives more than 20% of its gross net revenues from the sales, rental or exhibition.
SIGHT VISIBILITY TRIANGLE.
(1) The area at the intersection of two streets or a driveway and street, within which nothing may be placed, planted, erected or allowed to grow in a manner which will obstruct the vision of motorists entering or leaving the intersection.
(2) The
TRIANGLE is formed by measuring 25 feet along each street from the intersection of two streets, or 15 feet at the intersection of a driveway and street, and connecting the ends of those two lines.
(3) No structure, sign, fence or plant material above three feet and below 12 feet in height may be placed in the
SIGHT TRIANGLE, except for a single pole 18 inches or less in diameter.
SINGLE-FAMILY RESIDENCE. A residential development type which provides for a single dwelling unit within a single principal structure. Unless specifically stated elsewhere, only one SINGLE-FAMILY RESIDENCE may be permitted per lot.
SINGLE-FAMILY RESIDENCE, ATTACHED. A single-family dwelling situated on a separate lot but attached to another dwelling on one or more sides by a party wall or walls. See TOWNHOUSE.
SINGLE-FAMILY RESIDENCE, DETACHED. A dwelling that is not attached to any other dwelling, excluding accessory buildings.
STRUCTURE. Anything constructed or erected on the ground including, but not limited to, buildings, factories, sheds, cabins, manufactured homes and other similar forms.
THOROUGHFARE PLAN. A document adopted by the Council which attempts to identify and guide the locations of arterial and collector streets within the city and is a part of the comprehensive master plan.
TOWNHOUSE. A residential development type which provides for five or more dwelling units generally separated by common walls within a single structure. Usually, each dwelling unit is placed on an individually owned lot and each story of the structure on each lot is under the same ownership. Some areas and yards may be commonly owned. A TOWNHOUSE where the lot under and immediately adjacent to the structure is individually owned does not constitute a condominium. This term includes ROW HOUSE.
TUBING-RELATED BUSINESS. A person, firm, corporation, or partnership that owns or operates a business that offers or provides tubes, rafts or other inflatable devices on a rental, deposit, or other short-term or temporary basis for use on a river, whether by themselves or in connection with any other goods or services offered or provided by the business, or that offers or provides transportation services related to the use of tubes, rafts or other inflatable devices on a river.
USE. Any activity, function 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 other use.
(1) ACCESSORY USE. A use which is wholly incidental to and supportive of the principal use of the same lot.
(2) PRINCIPAL USE. The primary purpose for which land or a building is used as permitted by the applicable zoning district.
YARD. An open space of ground between a structure 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, the least horizontal distance between the lot line and the structure shall be used.
(1) FRONT YARD. A yard across the full width of the lot from the front wall of a structure to the front line of the lot.
(2) REAR YARD. A yard across the full width of the lot from the rear wall of a structure to the rear line of the lot.
(3) REQUIRED YARD. The area between a lot line and the adjacent setback line. The area within a lot which does not constitute a buildable area.
(4) SIDE YARD. A yard between the wall of a structure and the adjacent side line of the lot, and extending from the front wall of a structure to the rear wall of a structure. No vertical structures, other than fences and air conditioner compressors, are allowed in any required yard.
VICTORIAN ARCHITECTURE. A style of architecture, decoration and furnishing of the 19th century, characterized by massiveness, flowery carving and ornate design.
ZONING ADMINISTRATOR. The same person designated by the City Council as Building Official of the city, unless City Council designates a separate Zoning Administrator.
(Ord. 08-347, passed - -2008; Ord. 2016-06-07, passed 6-7-2016; Ord. 2016-08-02, passed 8-2-2016)