Town of Shady Shores - Definitions

Accessory Building is a subordinate building attached, or detached, and used for a purpose customarily incidental to the main building, not involving the conduct of a business, and not built for or used for living quarters. An Accessory Building is located on the same lot or tract as the main building. Such as, but not limited to: a private garage or carport for automobile or boat storage, tool house, greenhouse, home workshop, children’s playhouse, barn or storage building. See regulations at Article 2.1(k).

A private airplane hangar, as defined in Article 1.1(a), is not an accessory building and is regulated under Article 2.1(c)(2)(J)(iii).

Adult Care Center is a facility that provides care for six (6) or more persons over 18 years of age who are not related by blood, marriage, or adoption to the owner or operator of the facility. The persons being cared for under this use may not use the facility as a residence.

Agricultural Building is a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a place used by the public.

Airplane Hangar, Private is an accessory structure (attached or detached) situated on the same lot, tract or parcel of land with the main building, for the storage only of airplanes and for the private use of the occupants of the premise on which it is located.

Alley is a public or private right-of-way, which extends only secondary means of access to adjacent property.

Breezeway is an unenclosed passage connecting two buildings or portions of a building.

Building is a structure for the support or shelter of any use or occupancy.

Building Line or Setback Line is the minimum distance a building may be erected from a street, alley or lot line.

Business means commercial or mercantile activity engaged as a means of livelihood or economic dealings.

Caretaker is a person who spends more than 50% of his time working at the residence of, and performing duties for the family occupying the premises to which the caretaker’s house is an accessory building.

Caretaker’s Quarters is an accessory dwelling unit for a bona fide caretaker and his or her immediate family on a lot not less than ten acres. The Caretaker’s Quarters may not exceed one-half of the size of the Main Building.

Carport a Carport is a Type 2 Accessory Building, which is more specifically defined as follows: Carport means an enclosure, not exceeding 12 feet in height and completely open to the free movement of air from floor to roof on at least two sides, designed primarily for the shelter of motor vehicles.

Child Care Center is a facility that provides care for seven (7) or more persons under 18 years of age who are not related by blood, marriage, or adoption to the owner or operator of the facility. The persons being cared for under this use may not use the facility as a residence.

Coverage is that area or percentage of lot area covered by all buildings and structures. The largest of the roof, floor, or other structure is used for the calculation of lot coverage.

Customary Home Occupation is an occupation customarily carried on in the home by a member of the occupant’s family, without structural alterations in the building or in any of its rooms, without the installation or outside storage of any machinery, equipment or materials other than that customary to normal household operations, without the employment of persons not residing in the home, without the use of a sign to advertise the occupation, without offering a commodity for sale on the premises, which does not cause the generation of additional traffic in the street, or vehicles parking at or near the residence and which does not create obnoxious conditions to neighboring properties such as noise, odor, light or smoke.

District means a section of the Town of Shady Shores for which the regulations governing the lot areas, building size, heights and setbacks are specified as one of the zoning districts defined in this Comprehensive Zoning Ordinance.

Drive Approach is the portion of the driveway extending from the right-of-way line, or private street easement line, to the main travel surface of the road.

Driveway is a vehicle travelway connecting the parking spaces on a lot, or tract of land, to the right-of-way or private street.

Dwelling Unit means one or more rooms designed to accommodate one family and containing only one kitchen plus living, sanitary and sleeping facilities.

Dwelling, Multiple is a building, which is designed to be occupied by two or more families living independently of each other.

Dwelling, One-family is a building having accommodations for and occupied by only one family.

Easement means an interest in land owned by another that entitles its holder to a specific limited use of said land and that has been recorded in the office of the County Clerk of Denton County, Texas, or is in conformance with the lawful definition of a public prescriptive easement.

Eaves are the lowest border of a roof, including any overhang.

Family means individuals living together as a single housekeeping unit in which not more than four individuals are unrelated to the head of the household by blood, marriage, or adoption.

Farm, Ranch, Garden and Orchard is an area of five (5) acres or more which is used for the growing of usual farm products, vegetables, fruits, trees, and/or grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep. Including the necessary accessory uses for raising, treating and storing products raised on the premise, but not including the commercial feeding of offal and garbage to swine and other animals, and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Floor Area is the total square feet of floor space in a building measured to the outside faces of the exterior walls.

Front Yard is an open and unoccupied space on the same lot with a building, between the building and the property line extending across the front of the lot.

Garage, Private is an accessory structure (attached or detached) situated on the same lot, tract or parcel of land with the main building, with capacity for not more than five (5) motor-driven vehicles, for storage only and for the private use of the occupants of the premise on which it is located

Greenhouse A greenhouse may be constructed of material approved by the city engineer provided the structure is used exclusively as a greenhouse and maintained as such. In the event a greenhouse is converted to another use, it must be made to comply with the residential building code requirements. A Greenhouse is included in Type 1, 2 and 3 Accessory buildings dependent on size, and location.

Height
(A) The midpoint of the vertical dimension between the lowest eaves and the highest ridge of a structure with a gable, hip or gambrel roof; and

(B) The midpoint of the vertical dimension of the dome for a structure with a dome roof; and

(C) The deck line of structures with mansard roofs; and

(D) The highest point of the structure for any other structure.

Note: in measuring the height of a building, the following structures shall be excluded: chimneys, ornamental cupolas, domes or spires, none of which shall be more than 15 feet taller than the medium height of the building.

Hobby is an accessory use carried on by the occupant of the premise in a shop, studio or other work room, purely for personal enjoyment, amusement or recreation; provided, that the articles produced or constructed are not sold on the premise, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

HUD code manufactured home (A) means a structure:

(i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
(ii) built on a permanent chassis;
(iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(iv) transportable in one or more sections; and
(v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet;

(B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and

(C) does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

Institution is a building or buildings occupied by a nonprofit organization or corporation, or any nonprofit establishment for such use.

Junk means and shall include but not be limited to: scrap iron, tin, brass, copper, lead, zinc, or any other scrap metal and their alloys; bones, rags, used cloth, rubber, tires, rope, tinfoil, bottles, or cotton; inoperable or broken tools, machinery, appliances, fixtures, or utensils; used boxes, crates, lumber, or pipe fittings; inoperable automobiles or airplanes; and any other manufactured goods that are worn, deteriorated or obsolete so as to make them unusable in their existing condition.

Kindergarten is a school for more than six (6) children of pre-school age in which constructive endeavors, object lessons or helpful games are prominent features of the curriculum.

Lakefront is property on the shoreline of Lake Lewisville, which abuts land owned by the U.S. Corps of Engineers.

Lot is land identified by metes and bounds, or lot and block if platted, which is occupied or to be occupied by a building and its accessory building(s), and including such open spaces as are required under this Ordinance, and having frontage on a public or private street in accordance with this zoning ordinance, and the subdivision regulations of the Town.

Lot Area The net area of the lot, exclusive of any portion of private streets, alleys, or right-of-ways.

Lot Coverage The proportion of a lot or site covered, or permitted to be covered, by a building and all structures.

Lot Depth The average horizontal distance between the front and rear lot lines. (Reference Figure #2, Appendix A.)

FIGURE 2 LOT DEPTH

Lot of Record A lot which is created by an approved subdivision, the plat of which has been duly recorded in the office of the appropriate county clerk.

Lot Width The shortest distance between the side lot lines measured at the front building line. (Reference Figure #5, Appendix A.)

FIGURE 5 LOT WIDTH

Lot, Corner A lot or parcel of land abutting two (2) or more streets at their intersection, or abutting two (2) parts of the same street which form an interior angle of less than 135 degrees. (Reference Figure #1, Appendix A.)

FIGURE 1 LOTS

Lot, Double Frontage A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot. (Reference Figure #3, Appendix A.)

FIGURE 3 LOT, DOUBLE FRONTAGE

Lot, Flag A lot having access to a street by means of a parcel or portion of land having a greater depth than its frontage, and having a width less than the minimum required lot width. (Reference Figure #1, Appendix A.)

FIGURE 1 LOTS

Lot, Interior A line dividing one lot from another, or from a street or place. (Reference Figure #4, Appendix A.)

FIGURE 4 LOT LINES

Main Building means a building on a lot intended for occupancy by the main use.

Main Use means those uses defined in Article 3.2 for which a property may legally be used.

Manufactured or Mobile Home means a structure transportable, in one or more sections, which is built on a permanent chassis and which is designed for use, with or without a permanent foundation, when connected to the required utilities, and is in compliance with HUD requirements.

Manufactured or Mobile Home Park means a site of 5 or more acres that has been established for the placing of Manufactured or Mobile Homes, allowing for such to be connected to utilities and used as single-family dwellings.

Mobile home (A) means a structure:

(i) constructed before June 15, 1976;
(ii) built on a permanent chassis;
(iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(iv) transportable in one or more sections; and
(v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet; and

(B) includes the plumbing, heating, air conditioning, and electrical systems of the home.

Nonconforming Structure means a structure which does not conform to the regulations of this ordinance but which was lawfully constructed under the regulations in force at the time of construction.

Nonconforming Use means a use that does not conform to the use regulations of this ordinance but which was lawfully established under the regulations in force at the beginning of operation and has been in regular use since that time.

Nonconforming Uses

(a) Any lawful use of property existing on the date of the original adoption of the Comprehensive Zoning Ordinances of Shady Shores, which does not conform to the regulations prescribed herein, shall be deemed a nonconforming use and may be continued subject to such regulations as to the maintenance of premises and conditions of operations as may, in the judgment of the Town Council, be reasonably required for the protection of adjacent property. A nonconforming use may not be expanded within an existing building nor may the building be expanded or structurally altered to accommodate the nonconforming use. A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification; however once a change is made to a more restrictive use, the use shall not be changed back to the prior nonconforming use.

(b) A nonconforming use, if changed to a conforming use, may not thereafter be changed back to any nonconforming use. If a nonconforming use is discontinued for a period exceeding six months, such nonconforming use shall be deemed to have been abandoned and any future use thereof shall conform to the terms of this ordinance.

(c) If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a nonconforming use not to exceed 50 percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded or enlarged.

(d) At the discretion of the Town Council, incremental site improvements, including, but not limited to, landscaping or screening, may be made without meeting the minimum requirements of this ordinance where no building or circulation changes are proposed.

(e) The business known as Lakeside Manor, at 425 South Shady Shores Road, is a legal nonconforming use on residentially zoned property. As a nonconforming use, it is limited to not more than forty-three (43) manufactured housing units only, installed and provided in accordance with this ordinance, and applicable state law. Three buildings on the site are used as residences, and one is used as an office for the manufactured housing park. In the event the owners of the park tear down one or more of these four buildings, one new residential manufactured housing unit may replace each building removed, not to exceed four units.

Open Storage The outside placement of an item, including all types of trailers, for a continuous period in excess of 24 hours. Outside placement includes storage in a structure that is open or not entirely enclosed.

Parking Space means open space with a surface of 4" reinforced concrete, or substitute approved by the Town engineer and the Town Council, or garage space reserved exclusively for the parking of motor vehicles that has a minimum rectangular area of nine (9) feet in width and twenty-two (22) feet in length.

Person means any natural person, association of persons, partnership, corporation or society. The term “person” shall include both singular and plural and shall include both the feminine and masculine gender.

Plat A map of a subdivision or site plan that represents a tract of land showing the boundaries and location of individual properties and streets.

Rear Yard is an open and unoccupied space on the same lot with a building, between the building and the property line extending across the rear of the lot.

Reversed Frontage means a corner lot fronting the street, which was originally platted as a side yard.

Right-of-Way means an area, publicly owned, dedicated to public use for pedestrian and/or vehicular movement.

Right-of-Way Line is a dividing line between a lot, tract, or parcel of land and the public right-of-way.

Setback line is the minimum distance a building may be erected from a right-of-way, private street, alley, or lot line. Also referred to as building line.

Side Yard is an open and unoccupied space on the same lot with a building, between the building and the side property line extending through from the street or front property line to the rear property line. Any property line that is not a front line or a rear line shall be deemed a side line.

Signs Any device, flag, light, figure, picture, letter, word, message, symbol, plaque, poster, display, design, painting, drawing, billboard, or other thing visible from outside the premise on which it is located and that is designed, intended, or used to inform or advertise to persons not on that premise. Signs are regulated by separate ordinance.

Standard Masonry Construction That form of construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, cementitious panel boards, or other similar building materials, approved in advance by the building inspector, or combination of these materials.

Story is that portion of a building between any two successive floors or between the top floor and the ceiling above it. A half story being under a gable, hip or gambrel roof and having wall plates on at least two exterior walls, extending not more than two feet above an adjacent full story wall.

Street Any public thoroughfare dedicated to the public and not designated as an alley, also known as “Public Street” or “Right-of-Way”

Street Line The dividing line between the street and the abutting property.

Street Right-of-way A street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes.

Street, Private is a private vehicular accessway shared by and serving two or more lots, which is not dedicated to the public and is not publicly maintained. Private streets and alleys may be established only under the terms of the Subdivision Ordinance. The term “private street” shall be inclusive of alleys and is also known as “Road, Private.”

Structural Alteration is any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Structure is that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up composed of parts, joined together in some definite manner; excluding fences, retaining walls, sidewalks, driveways and curbs.

Subdivider is an individual, firm, association, syndicate, partnership, or corporation dividing or proposing to divide land so as to effect a subdivision of [land] hereunder for himself, or for itself, or for another.

Subdivision is the division of any lot, tract or parcel of land into two or more lots or sites for the planned purpose of sale or of building development, whether immediate or future. The term includes resubdivision, but does not include the division of land for agricultural purposes into parcels or tracts of ten acres (10) or more and not involving any new streets, alleys or easement of access. When appropriate to context, the term subdivision shall relate to the process of subdividing or to the land subdivided, in accordance with the ordinance of the Town, and the state law.

Trailer, Boat is a vehicle without means of motivation, designed to be hauled, towed, or pulled by a motor vehicle, which by design is used for the transporting of boats.

Trailer, Construction is a vehicle without means of motivation, designed to be hauled, towed or pulled by a motor vehicle, which by design may be used for:

(A) A temporary office or storage building,

(B) The conveyance, storage or display of construction materials including, but not limited to, lumber, forms, pipe, wire, sand, rock, concrete, landscape materials or plants, or

(C) The conveyance, storage or display of construction equipment such as, but not limited to, earth moving equipment, ditching machines, generators or tools.

(D) Empty flatbed trailers, less than eighteen feet in length with two or less axles are not included within this definition

Trailer, General purpose is a vehicle without means of motivation, designed to be hauled, towed or pulled by a motor vehicle, which is eighteen feet in length or less, has two or less axles, and is not being used as a construction traileris a vehicle without means of motivation, designed to be hauled, towed or pulled by a motor vehicle, which is eighteen feet in length or less, has two or less axles, and is not being used as a construction trailer

Trailer, Horse or Stock is a vehicle without means of motivation, designed to be hauled, towed or pulled by a motor vehicle, which is designed for the transporting of livestock.

Trailer, Travel or Recreational is a vehicular portable structure built on a chassis designed to be hauled, towed or pulled by a motor vehicle and designed to be used for travel and recreational purposes.

Visibility Clearance Area is the portion of a corner lot (in all zoning districts) which is to be left open and unobstructed by fences, structures, shrubs, trees or other plant life.

(A) This area is the portion of a corner lot within a triangular area formed by connecting together the point of intersection of the adjacent street curb lines (or, if there are no street curbs, what would be the normal street curb lines) and points on each of the street curb lines 45 feet from the intersection. (Reference Figure #6, Appendix A.)

(B) The area between two and one-half feet and eight feet in height, measured from the grade of the street adjacent to the visibility triangle.

(C) Shrubs in this area must be kept trimmed so as to be shorter than two and one-half feet tall and trees are to be kept trimmed so as not to have any side branches below eight feet.

FIGURE 6 VISIBILITY CLEARANCE AREA

Zoning Classification is a classification assigned to a particular area of the town within which zoning regulations are uniform.

(A) R-1350-1 District means the residential district established under Article 2.2.

(B) R-1500-3/4 District means the residential district established under Article 2.3.

(C) R-1800-1/2 District means the residential district established under Article 2.4.

(D) All property within the Town that has not been rezoned to a R-1350-1, R-1500-3/4, H-1200-4300, or Planned Development District, is zoned R-2000-1/2, as defined in Article 2.5.

(E) H-1200-4300 District means the residential district established under Article 2.7.

(F) PD-Planned Development District means the district established in Article 2.8.

Zoning District Map is the official map upon which the zoning districts of the town are delineated.

Town of Shady Shores, TX

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