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Baytown City Zoning Code

ARTICLE 10

Word Usage

Sec. 10.01 Rules of Construction

  • A.
    Applicability. In the construction of this ULDC, the provisions and rules of this Section apply, except where the context clearly requires otherwise:
    1. 1.
      Words used in the present tense include the future.
    2. 2.
      Words in the singular number include the plural number, and words in the plural number include the single number.
    3. 3.
      The phrase “used for” includes the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for".
    4. 4.
      The word "applicant" includes the words "developer" and "subdivider" and "owner".
    5. 5.
      The words "will," "will not," "must," "must not," "shall," "shall not," or "may not" are mandatory.
    6. 6.
      The word “and” is construed to include all connected items in a series or set of conditions or provisions.
    7. 7.
      The word “or” is construed to include one or more of the items in a series or set of conditions or provisions, unless the context clearly indicates otherwise.
    8. 8.
      The word "may" is either permissive or is used to express possibility. For example, in the sentence "the developer may build as close as 8 feet to the property line" the word is permissive; in the sentence "the City may require the dedication of easements" the word indicates a possible action.
    9. 9.
      The word "person" includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.
    10. 10.
      The word "City" means the City of Baytown, Texas.
    11. 11.
      The word "County" means Harris County or Chambers County, as applicable.
    12. 12.
      Unless otherwise specified, all distances will be measured horizontally.
    13. 13.
      Where this ULDC references a local, state, or federal regulation or publication, the reference is to the most recent edition or version, unless otherwise noted. If the referenced document has been repealed and not replaced by other regulations or publications, requirements for compliance are no longer in effect.
    14. 14.
      Where a provision of this ULDC conflicts with another provision of this ULDC, the provision that the Planning Director finds to be stricter controls. Where the Planning Director finds provisions to be equally strict, then the more recently adopted provision controls.  
    15. 15.
      The use of the terms “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
    16. 16.
      The time in which a person must complete an act is computed by excluding the first day and including the last day. In computing work days, Saturdays, Sundays, or holidays that the City observes are excluded. A day concludes at the close of business, and any materials received after that time may be deemed to have been received the following day.
    17. 17.
      Any provision that authorizes City staff to perform an act or duty is construed as authorizing the named official to delegate that responsibility to a designee.
    18. 18.
      If there is a conflict between the text of this Chapter and graphics, tables, or other illustrative material, the text prevails. If there is a conflict between a table and a graphic, the table prevails.
    19. 19.
      The use of one gender implies the inclusion of all genders. 
    20. 20.
      Whenever a Section of this ULDC requires or authorizes an officer or employee of the City to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate, and authorize another officer or employee of the City to perform the act or duty.
    21. 21.

      The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

    22. 22.
      Words used in the past or present tense include the future, as well as the past and present. 
    23. 23.

      The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing, email, paper copy, or otherwise.

  • B.
    Other Words or Phrases. Any word or phrase defined in this Article, or elsewhere in this Chapter, has the meaning as so defined whenever the word or phrase is used in this Chapter, unless such definition is expressly limited in its meaning or scope.
  • Effective on: 1/1/1901

    Sec. 10.02 Acronyms and Abbreviations

    Table 10.02-1, Meaning of Acronyms and Abbreviations
    Abbreviation or AcronymMeaning
    -when used in tables, indicates "no limit," "no restriction," or "not applicable"
    AASHTOAmerican Association of State and Highway Transportation Officials
    AC.Acres
    ADAAmericans with Disabilities Act
    ADUAccessory Dwelling Unit 
    ARAlternative Residential Zoning District
    A.S.T.M.D.American Society for Testing Materials 
    ATMAutomated Teller Machine 
    BFEBase Flood Elevation
    BMPBest Management Practice
    BOABoard of Adjustment
    BTZBuild-To-Zone
    C.F.R.Code of Federal Regulations 
    CommissionPlanning and Zoning Commission
    dBAA-weighted decibel
    DTADowntown Arts District Zoning District
    DUDwelling Unit
    DU/ACDwelling Units Per Acre
    ETJExtraterritorial Jurisdiction 
    EREstate Residential Zoning District
    FAAFederal Aviation Administration
    FCFreeway Commercial Zoning District
    FCCFederal Communications Commission
    FT.Feet
    FEMAFederal Emergency Management Agency
    FHBMFlood Hazard Boundary Map
    FIRMFlood Insurance Rate Map
    FISFlood Insurance Study
    GCGeneral Commercial Zoning District 
    GFAGross Floor Area
    HIHeavy Industrial Zoning District 
    HOAHomeowners Association
    IN.Inches
    LILight Industrial Zoning District
    MDPMaster Development Plan
    MAX.Maximum
    MIN.Minimum
    MRMixed Residential Zoning District
    MUNMixed-Use Neighborhood Zoning District
    n/a or NANot Applicable
    NAD 83North American Datum of 1983
    NCNeighborhood Commercial Zoning District
    NFIPNational Flood Insurance Program
    OROpen Space/Recreation Zoning District
    PUDPlanned Unit Development
    P&ZPlanning and Zoning Commission 
    ROWRight-of-Way
    RTKReal-Time Kinetic 
    SF or sq.ft.Square Feet
    SJSan Jacinto Zoning District 
    SRSuburban Residential Zoning District
    SWECSSmall Wind Energy Conversion System
    TLGCTexas Local Government Code
    TWCTexas Water Code
    ULDCUnified Land Development Code
    URUrban Residential Zoning District
    VUAVehicle Use Area 
    V.T.C.A.Vernon's Texas Codes Annotated
    Table 10.02-1, Meaning of Acronyms and Abbreviations
    Abbreviation or AcronymMeaning
    -when used in tables, indicates "no limit," "no restriction," or "not applicable"
    AASHTOAmerican Association of State and Highway Transportation Officials
    AC.Acres
    ADAAmericans with Disabilities Act
    ADUAccessory Dwelling Unit 
    ARAlternative Residential Zoning District
    A.S.T.M.D.American Society for Testing Materials 
    ATMAutomated Teller Machine 
    BFEBase Flood Elevation
    BMPBest Management Practice
    BOABoard of Adjustment
    BTZBuild-To-Zone
    C.F.R.Code of Federal Regulations 
    CommissionPlanning and Zoning Commission
    dBAA-weighted decibel
    DTADowntown Arts District Zoning District
    DUDwelling Unit
    DU/ACDwelling Units Per Acre
    ETJExtraterritorial Jurisdiction 
    EREstate Residential Zoning District
    FAAFederal Aviation Administration
    FCFreeway Commercial Zoning District
    FCCFederal Communications Commission
    FT.Feet
    FEMAFederal Emergency Management Agency
    FHBMFlood Hazard Boundary Map
    FIRMFlood Insurance Rate Map
    FISFlood Insurance Study
    GCGeneral Commercial Zoning District 
    GFAGross Floor Area
    HIHeavy Industrial Zoning District 
    HOAHomeowners Association
    IN.Inches
    LILight Industrial Zoning District
    MDPMaster Development Plan
    MAX.Maximum
    MIN.Minimum
    MRMixed Residential Zoning District
    MUNMixed-Use Neighborhood Zoning District
    n/a or NANot Applicable
    NAD 83North American Datum of 1983
    NCNeighborhood Commercial Zoning District
    NFIPNational Flood Insurance Program
    OROpen Space/Recreation Zoning District
    PUDPlanned Unit Development
    P&ZPlanning and Zoning Commission 
    ROWRight-of-Way
    RTKReal-Time Kinetic 
    SF or sq.ft.Square Feet
    SJSan Jacinto Zoning District 
    SRSuburban Residential Zoning District
    SWECSSmall Wind Energy Conversion System
    TLGCTexas Local Government Code
    TWCTexas Water Code
    ULDCUnified Land Development Code
    URUrban Residential Zoning District
    VUAVehicle Use Area 
    V.T.C.A.Vernon's Texas Codes Annotated
    Table 10.02-1, Meaning of Acronyms and Abbreviations
    Abbreviation or AcronymMeaning
    -when used in tables, indicates "no limit," "no restriction," or "not applicable"
    AASHTOAmerican Association of State and Highway Transportation Officials
    AC.Acres
    ADAAmericans with Disabilities Act
    ADUAccessory Dwelling Unit 
    ARAlternative Residential Zoning District
    A.S.T.M.D.American Society for Testing Materials 
    ATMAutomated Teller Machine 
    BFEBase Flood Elevation
    BMPBest Management Practice
    BOABoard of Adjustment
    BTZBuild-To-Zone
    C.F.R.Code of Federal Regulations 
    CommissionPlanning and Zoning Commission
    dBAA-weighted decibel
    DTADowntown Arts District Zoning District
    DUDwelling Unit
    DU/ACDwelling Units Per Acre
    ETJExtraterritorial Jurisdiction 
    EREstate Residential Zoning District
    FAAFederal Aviation Administration
    FCFreeway Commercial Zoning District
    FCCFederal Communications Commission
    FT.Feet
    FEMAFederal Emergency Management Agency
    FHBMFlood Hazard Boundary Map
    FIRMFlood Insurance Rate Map
    FISFlood Insurance Study
    GCGeneral Commercial Zoning District 
    GFAGross Floor Area
    HIHeavy Industrial Zoning District 
    HOAHomeowners Association
    IN.Inches
    LILight Industrial Zoning District
    MDPMaster Development Plan
    MAX.Maximum
    MIN.Minimum
    MRMixed Residential Zoning District
    MUNMixed-Use Neighborhood Zoning District
    n/a or NANot Applicable
    NAD 83North American Datum of 1983
    NCNeighborhood Commercial Zoning District
    NFIPNational Flood Insurance Program
    OROpen Space/Recreation Zoning District
    PUDPlanned Unit Development
    P&ZPlanning and Zoning Commission 
    ROWRight-of-Way
    RTKReal-Time Kinetic 
    SF or sq.ft.Square Feet
    SJSan Jacinto Zoning District 
    SRSuburban Residential Zoning District
    SWECSSmall Wind Energy Conversion System
    TLGCTexas Local Government Code
    TWCTexas Water Code
    ULDCUnified Land Development Code
    URUrban Residential Zoning District
    VUAVehicle Use Area 
    V.T.C.A.Vernon's Texas Codes Annotated
    Table 10.02-1, Meaning of Acronyms and Abbreviations
    Abbreviation or AcronymMeaning
    -when used in tables, indicates "no limit," "no restriction," or "not applicable"
    AASHTOAmerican Association of State and Highway Transportation Officials
    AC.Acres
    ADAAmericans with Disabilities Act
    ADUAccessory Dwelling Unit 
    ARAlternative Residential Zoning District
    A.S.T.M.D.American Society for Testing Materials 
    ATMAutomated Teller Machine 
    BFEBase Flood Elevation
    BMPBest Management Practice
    BOABoard of Adjustment
    BTZBuild-To-Zone
    C.F.R.Code of Federal Regulations 
    CommissionPlanning and Zoning Commission
    dBAA-weighted decibel
    DTADowntown Arts District Zoning District
    DUDwelling Unit
    DU/ACDwelling Units Per Acre
    ETJExtraterritorial Jurisdiction 
    EREstate Residential Zoning District
    FAAFederal Aviation Administration
    FCFreeway Commercial Zoning District
    FCCFederal Communications Commission
    FT.Feet
    FEMAFederal Emergency Management Agency
    FHBMFlood Hazard Boundary Map
    FIRMFlood Insurance Rate Map
    FISFlood Insurance Study
    GCGeneral Commercial Zoning District 
    GFAGross Floor Area
    HIHeavy Industrial Zoning District 
    HOAHomeowners Association
    IN.Inches
    LILight Industrial Zoning District
    MDPMaster Development Plan
    MAX.Maximum
    MIN.Minimum
    MRMixed Residential Zoning District
    MUNMixed-Use Neighborhood Zoning District
    n/a or NANot Applicable
    NAD 83North American Datum of 1983
    NCNeighborhood Commercial Zoning District
    NFIPNational Flood Insurance Program
    OROpen Space/Recreation Zoning District
    PUDPlanned Unit Development
    P&ZPlanning and Zoning Commission 
    ROWRight-of-Way
    RTKReal-Time Kinetic 
    SF or sq.ft.Square Feet
    SJSan Jacinto Zoning District 
    SRSuburban Residential Zoning District
    SWECSSmall Wind Energy Conversion System
    TLGCTexas Local Government Code
    TWCTexas Water Code
    ULDCUnified Land Development Code
    URUrban Residential Zoning District
    VUAVehicle Use Area 
    V.T.C.A.Vernon's Texas Codes Annotated

    Effective on: 1/1/1901

    X

    Effective on: 1/1/1901

    Z

    Effective on: 1/1/1901

    Abandonment
    Abandonment means a use or structure that is determined to be abandoned by the nonconformities section of this ULDC.

    Effective on: 1/1/1901

    Accessory Dwelling Unit
    Accessory Dwelling Unit means a secondary dwelling unit established in conjunction with a primary dwelling unit, clearly subordinate to that primary unit. Accessory dwelling units are commonly referred to as granny flats. Accessory dwelling units are not intended for sale or to be rented.

    Effective on: 1/1/1901

    Accessory Structure
    Accessory Structure means a structure that is used to serve the primary function on the same premises; is subordinate in area, extent, and purpose to the primary use or structure served; contributes to the comfort, convenience, or necessity of occupants of the principal use or structure served; and is located on the same lot and in the same district as the primary use.

    Effective on: 1/1/1901

    Accessory Use
    Accessory Use means a use incidental and subordinate to the principal use, located on the same lot as the principal use and in the same zoning district.

    Effective on: 1/1/1901

    Active Recreation
    Active Recreation means recreational uses, areas, and activities oriented toward potential competition and involving special equipment. Playgrounds, sports fields and courts, swimming pools, picnic areas, and golf courses are examples of active recreation uses.

    Effective on: 1/1/1901

    Adult Day Care Center
    Adult Day Care Center means a facility that provides care or supervision for three or more persons 18 years of age or older who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers.

    Effective on: 1/1/1901

    Agricultural Sales and Service
    Agricultural Sales and Service means an establishment engaged in the retail or wholesale sale from the premises of feed, grain, fertilizers, pesticides and similar goods.

    Effective on: 1/1/1901

    Amending Plat
    Amending Plat means an amendment to a plat, previously approved by the commission and duly recorded, which is submitted to the commission for approval and recording, which is signed by the applicants and is solely intended to correct errors or miscalculations. 

    Effective on: 1/1/1901

    Amphitheater
    Amphitheater means a semi-enclosed structure designed for the enactment of the performing arts or other entertainment uses that include entertainment-related facilities and uses. 

    Effective on: 1/1/1901

    Animal Hospital
    Animal Hospital means a building in which animals and pets are given medical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and such boarding shall be incidental to the hospital use.

    Effective on: 1/1/1901

    Animals
    Animals means all nonhuman members of the animal kingdom including domestic, exotic, and livestock. This term also includes pet/companion animal operations such as animal hospital, kennel/boarding facility, or pet store and/or live outdoor exhibitions.

    Effective on: 1/1/1901

    Appeal
    Appeal means a request for review of the substantial damage estimation or substantial improvement determination by the Planning Director.

    Effective on: 1/1/1901

    Approved
    Approved means as approved by the City of Baytown authority having jurisdiction.

    Effective on: 1/1/1901

    Appurtenances
    Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building.

    "Appurtenance" shall include lighting, a generator, a tank, or any structure or equipment, which supports the drilling, oil or gas operations and which is three feet or more in height measured from finished grade.

    Effective on: 1/1/1901

    Archery/Firearms Range
    Archery/Firearms Range means the use of land for archery or the discharging of firearms for the purposes of target practice, skeet and trap shooting, or temporary competitions.

    Effective on: 1/1/1901

    Arterial Street
    Arterial Street means a high volume, medium speed (up to 45 mph) medium capacity street usually shown on the major thoroughfare plan map.

    Effective on: 1/1/1901

    Assessment
    Assessment means the determination of the amount of impact fee per service unit that may be imposed on new development pursuant to this ULDC, which determination occurs at the time specified in V.T.C.A., Local Government Code § 395.016.

    Effective on: 1/1/1901

    Assisted Living Facility
    Assisted Living Facility means a facility regulated by V.T.C.A. Health and Safety Code ch. 247 that provides room, board, and personal care services to its residents within a structure containing multiple living quarters for seven or more elderly or disabled persons who are unrelated to the owner of the establishment by blood or marriage. Assisted living facilities for six or fewer disabled persons are considered and regulated as group homes for disabled persons.

    Effective on: 1/1/1901

    Attic Story
    Attic Story means a habitable space situated within the structure of a pitched roof and above the uppermost story that does not count against the ultimate building or story height if constructed within the prescribed district standards. 

    Effective on: 1/1/1901

    Automobile Repair, Major
    Automobile Repair, Major means repairs of a nature that usually cannot be done quickly and which will encompass more highly skilled work. Such repairs include removal of the engine head or pan, engine transmission, or differential. Often this work is necessary because of a major component failure or an accident. These types of repairs cannot be done while the customer waits, and will often take more than one day to complete. Such repairs include, but are not limited to:

    • Accident repairs;
    • Automotive machine shops;
    • Framework and frame straightening;
    • Grinding valves, cleaning carbon or removing the head of engines or crankcases;
    • Major engine repair, replacement, rebuilding, or reconditioning;
    • Paint and body work;
    • Radiator re-coring and rebuilding;
    • Replacement of body parts and fenders;
    • Sandblasting as an accessory use only;
    • Tire recapping;
    • Transmission and differential repair, replacement, or rebuilding; and
    • Welding.

    Effective on: 1/1/1901

    Automobile Repair, Minor
    Automobile Repair, Minor means repairs of a nature that can usually be done quickly with minimum noise, odor, or other negative impacts. This includes preventative maintenance or replacement of easily accessible parts that routinely wear out. This does not include removal of the engine head or pan, engine transmission, or differential. These types of repairs can be often done while the customer waits, and usually will not take more than one day to complete. Such repairs include but are not limited to:

    • Air conditioning maintenance and refrigerant replacement;
    • Audio installation and repairs;
    • Brake pads, shoes, rotors, and drums replacement;
    • Chassis lubrication;
    • Electrical components repair and replacement;
    • Fuel injection systems and carburetor replacement;
    • Fuel pumps and fuel lines;
    • Ignition systems, sparkplugs, and batteries;
    • Motor oil, engine cooling and lubrication, brake fluid, transmission, and other fluid replacement;
    • Mufflers, tailpipes, water hoses, fan belts, headlights and light bulbs, floor mats, seat covers, wipers and wiper blades, and replacement of grease retainers and wheel bearings;
    • Rustproofing;
    • Sale of gasoline;
    • Sandblasting as an accessory use only;
    • Shock absorbers or other suspension systems replacement;
    • Tire replacement, repair and servicing, but no recapping;
    • Tuning engines, with the exception of grinding valves, cleaning carbon, or removing the head of engines or crankcases;
    • Washing, polishing, and detailing;
    • Wheel balancing and alignment;
    • Windshield, window replacement; and
    • Wiring repairs.

    Effective on: 1/1/1901

    Banking or Credit Union
    Banking or Credit Union means any of the class of business in freestanding buildings, kiosks, or automated teller machines that provides financial services and the transmission of funds. 

    Effective on: 1/1/1901

    Barn
    Barn means an accessory building used exclusively for the non-commercial storage of animal feed and/or the sheltering of livestock or farm equipment.

    Effective on: 1/1/1901

    Bar, Tavern, and Lounge means establishments that are devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
    Effective on: 1/1/1901

    Basement
    Basement means any area of a building having its floor subgrade (below ground level) on all sides.

    Effective on: 1/1/1901

    Battery Storage System Facility
    Battery Storage System Facility means any system or network containing batteries or similar devices that are connected to an energy generation source and intended to receive and store any portion of energy being produced with the intent or purpose of later transmitting or distributing any or all stored energy for sale or consumption in any part of a transmission grid. 

    Effective on: 1/1/1901

    Bed and Breakfast
    Bed and Breakfast is an overnight boarding establishment operated within one structure of no more than ten private bedrooms. Breakfast, including a continental breakfast, shall be served in the morning.

    Effective on: 1/1/1901

    Berm
    Berm means a human-made mound or embankment of earth.

    Effective on: 1/1/1901

    Big Box Retail
    Big Box Retail means a single retail establishment consisting of 35,000 square feet or more of gross floor area, requiring high parking-to-building ratios, and having a regional sales market. The single retail establishment may include internal leased space for coffee shops, banking, photography, limited-service food, and other similar personal services.

    Effective on: 1/1/1901

    Block
    Block means an increment of land comprised of lots, parcels, and alleys circumscribed and not traversed by streets (pedestrian pathways excepted). Blocks are measured at the right-of-way line.  

    Effective on: 1/1/1901

    Boardinghouse
    Boardinghouse means a multifamily residential use providing room and board, common eating, and sanitary facilities for five or more persons, but not exceeding 20 persons, with two or more rooms that are rented or intended to be rented, but which rooms, individually or collectively, do not constitute separate dwelling units.

    Effective on: 1/1/1901

    Boat and Boat Parts and Accessories Sales
    Boat and Boat Parts and Accessories Sales means a retail facility for marine vehicles 16 feet or greater in size and the accessories thereto.

    Effective on: 1/1/1901

    Boat and RV Storage
    Boat and RV Storage means a facility which is used for the temporary location of boats and recreational vehicle for a fee. This may include a boat slip or boat yard where the storage is covered or uncovered dock space or enclosed dry dock storage.

    Effective on: 1/1/1901

    Bowling Center
    Bowling Center means an establishment containing long narrow tracks used in bowling and similar games.

    Effective on: 1/1/1901

    Brick
    Brick means kiln-fired clay or shale brick manufactured to ASTM C216 or C652, Grade SW. This includes concrete brick if the coloration is integral, shall not be painted, and it is manufactured to ASTM C1634. An applied brick veneer means a minimum thickness of two and one-quarter inches that does not include underfired clay or shale brick.

    Effective on: 1/1/1901

    Building
    Building means a structure having a roof supported by columns or walls and designed or intended for the shelter, support, enclosure or protection of persons or chattels, except for tents and canopies.

    Effective on: 1/1/1901

    Building Envelope
    Building Envelope means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks and maximum height.

    Effective on: 1/1/1901

    Building Frontage
    Building Frontage means the portion of a building oriented towards a street, public right-of-way, or other designated public realm.

    Effective on: 1/1/1901

    Building, Heating, Plumbing, Service Contractors, or Contractors in General
    Building, Heating, Plumbing, Service Contractors, or Contractors in General means a business involving the administration and implementation of multidiscipline projects. Requires vehicle and equipment parking and the storage and warehousing of supplies and materials including outdoor storage.

    Effective on: 1/1/1901

    Building Permit
    Building Permit means the general permit required by Sec. 7.36 of this ULDC.

    Effective on: 1/1/1901

    Build-to-Zone (BTZ)
    Build-to-Zone (BTZ) means an area within which the front building façade shall be placed. The BTZ defines the street frontage. It extends vertically and is generally parallel to the street. It is a requirement, not a permissive minimum, such as a setback. (The minimum length and height of the facade that is required within the BTZ is shown on the applicable district frontage type and sub-area standards.) 

    Effective on: 1/1/1901

    Business School
    Business School means a high-level educational institution at which students study subjects relating to business and commerce, such as economics, finance, and management.

     

    Effective on: 1/1/1901

    Caliper
    Caliper means the diameter of a tree above ground level.

    Effective on: 1/1/1901

    Campground
    Campground means an area on which campsites intended for occupancy overnight or longer by persons using a tent, recreational vehicle, motor home, or mobile trailer for dwelling, lodging, or sleeping purposes and is held out as such to the public. Campground does not include any manufactured housing community.

    Effective on: 1/1/1901

    Capital Improvements
    Capital Improvements plan means the water and wastewater capital improvements plan adopted by the City Council, as may be amended from time to time, that identifies capital improvements or facility expansions for which impact fees may be assessed.

    Effective on: 1/1/1901

    Car Wash
    Car Wash means a facility for the washing or cleaning of vehicles.  A car wash may be:

    • a single unit type with a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high-pressure hose to wash the vehicle by hand;
    • an automated single unit type that has a single bay to accommodate one vehicle at a time; or,
    • a tunnel unit type that allows washing of multiple vehicles in a tandem arrangement while moving through the structure.

      Effective on: 1/1/1901

      Catering Establishment
      Catering Establishment means an establishment that prepares and stores food on-site in order to transport the food to an off-site location to be served to customers or set up in a buffet for customer self-service. 

      Effective on: 1/1/1901

      Cemetery, Columbarium, Mausoleum, and Memorial Park
      Cemetery, Columbarium, Mausoleum, and Memorial Park means land used or intended to be used for the burial of the dead, whether human or animal, including crematoriums, columbarium, mausoleums, and other buildings or parks where funeral services may be held.

      Effective on: 1/1/1901

      Child Day Care Center or Pre-School
      Child Day Care Center or Pre-School means a facility that provides care, training, education, custody, treatment, or supervision for persons under 14 years of age who are not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit or charges for the services it offers.

      Effective on: 1/1/1901

      City Engineer
      City Engineer means the City's Assistant Director of Public Works and engineering who is responsible for managing the activities of the development engineering group.

      Effective on: 1/1/1901

      Clinic
      Clinic means a facility used by licensed physicians, dentists, or other health care professionals for the purpose of providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis where overnight lodging is not routine, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors. Clinics include immediate care facilities where emergency treatment is the dominant form of care.

      Effective on: 1/1/1901

      Club or Lodge
      Club or Lodge means a voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable, or similar purpose, but not including an organization engaged primarily in a service or activity customarily conducted as a business.

      Effective on: 1/1/1901

      Code of Ordinances
      Code of Ordinances means the City of Baytown's Code of Ordinances as set forth at section 1-1 of the Code, constituting the "Code of Ordinances."

      Effective on: 1/1/1901

      Collector Street
      Collector Street means a relatively low volume street providing circulation within and between neighborhoods. They collect traffic from local streets and distribute them to arterials and may be shown on the major thoroughfare plan map.

      Effective on: 1/1/1901

      College or University
      College or University means an institution of higher education offering undergraduate or graduate degrees and including such accessory uses as dormitories and stadiums.

      Effective on: 1/1/1901

      Commercial Motor Vehicle
      Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property that:

      1. A.
        has a gross combination weight rating of 26,001 or more pounds including a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
      2. B.
        has a gross vehicle weight rating of 26,001 or more pounds; or
      3. C.
        is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

      Effective on: 1/1/1901

      Commercial Property
      Commercial Property means property on which structures are built for other than residential purposes.

      Effective on: 1/1/1901

      Commercial Waste Container
      Commercial Waste Container means a container, dumpster, collection receptacle, or compactor used to store or transport garbage and/or commercial waste, which is

      1. A.
        totally enclosed;
      2. B.
        of adequate strength and design to prevent leakage of leachates and spillage of other waste during storage, transport, and emptying or loading; and
      3. C.
        regularly replaced or cleaned to prevent offensive odor and harborage, feeding, and propagation of vectors.

      Effective on: 1/1/1901

      Commercial Waste Enclosure
      Commercial Waste Enclosure means a structure to be used for the screening and storage of commercial waste container(s) and brush.

      Effective on: 1/1/1901

      Community Building
      Community Building means a building to be used for entertainment, recreation, and management that is designed to serve the residential area (primarily townhouses and/or multifamily) in which it is located.

      Effective on: 1/1/1901

      Community Garden
      Community Garden means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.

      Effective on: 1/1/1901

      Community Home for Persons with Disabilities
      Community Home for Persons with Disabilities means a family-oriented residence designed to provide residential services for two to eight physically disabled persons that does not provide skilled or intermediate nursing care. 

      Effective on: 1/1/1901

      Community Service
      Community Service means a use conducted by or a facility or structure owned or managed by the federal, state, county or city government, or other government entity that provides a governmental function or service for public benefit, such as libraries, schools, post offices, police, and fire stations, public utilizes but not including the operation of a public bar, restaurant, or recreational facility as a commercial enterprise.

      Effective on: 1/1/1901

      Conditions
      Conditions means a set of standards with which a property owner must comply in order to obtain any land development permit.

      Effective on: 1/1/1901

      Condominium
      Condominium means the separate ownership of single units or apartments in a multiple-unit structure with any common element. 

      Effective on: 1/1/1901

      Condominium Project
      Condominium Project means a real estate condominium project; a plan or project whereby four or more apartments, rooms (office spaces), or other units in existing or proposed buildings or structures are offered or proposed to be offered for sale. 

      Effective on: 1/1/1901

      Condominium Regime
      Condominium Regime means the declaring, through the recordation of a master deed, lease or declaration, the intent to submit the property to joint ownership as a condominium.

      Effective on: 1/1/1901

      Container
      Container means a reusable transport and storage unit for moving products and raw materials between locations or countries, typically made of corrugated weathering steel with a fitted door at one end that is designed to allow multiple units to be craned, fitted, and locked for stacking purposes.

      Effective on: 1/1/1901

      Contents Coverage
      Contents Coverage means the insurance on personal property within an enclosed structure, including the cost of debris removal, and the reasonable cost of removal of contents to minimize damage. Personal property may be household goods usual or incidental to residential occupancy, or merchandise, furniture, fixtures, machinery, equipment, and supplies usual to other than residential occupancies.

      Effective on: 1/1/1901

      Contractor's Shop and/or Service Yard
      Contractor's Shop and/or Service Yard means an area used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor. This definition includes building materials, storage, contractor plan or storage yard, roofing contractor's shop, septic tank service, insulation applicator business, pest control service, and refrigeration service. This definition excludes temporary contractor's storage associated with the site of an on-going construction project.

      Effective on: 1/1/1901

      Cottage Court or Tiny Home Community
      Cottage Court or Tiny Home Community means a group of cottages or tiny homes, constructed either on a chassis or on a foundation, that are arranged in a common relationship to one another, usually surrounding a shared common open space area.

      Effective on: 1/1/1901

      Country Club
      Country Club means a building or a campus that provides facilities for the purpose of recreation, athletic, and social activities for paying members, their families, and invited guests. The buildings and facilities are owned by a corporation operated as a non-profit.

      Effective on: 1/1/1901

      Critical Root Zone
      Critical Root Zone means an invisible or imaginary circle where the drip line of a tree meets the ground. 

      Effective on: 1/1/1901

      Decorative Concrete Block
      Decorative Concrete Block means concrete block with a highly textured finish, such as split faced, indented, hammered, fluted, ribbed, or similar architectural finish. The coloration shall be integral to the masonry material and shall not be painted on. Decorative concrete block includes light weight and featherweight concrete block or cinder block units and has a minimum thickness of three and five-eighths inches when applied as a veneer.

      Effective on: 1/1/1901

      Decorative Precast Concrete Panels
      Decorative Precast Concrete Panels means products often associated with tilt-up wall construction but is only considered decorative precast concrete panels if post-constructed wall areas have a highly textured finish, integral color, or are covered by defined masonry materials that can be laid up unit by unit set in mortar and meet the required percentage of coverage as defined in this ULDC.

      Effective on: 1/1/1901

      Density
      Density means the number of dwelling units permitted per net acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel not including the street rights-of-way and land dedicated for public use, such as schools and public parks. In determination of the number of dwelling units permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

      Effective on: 1/1/1901

      Department
      Department means the City's engineering department.

      Effective on: 1/1/1901

      Destroyed Structure
      Destroyed Structure means a structure which, upon determination by an appraisal, requires repairs exceeding 50 percent or more of the appraised value of the structure.

      Effective on: 1/1/1901

      Detention Facility
      Detention Facility means an excavated area that is designed by a professional engineer to temporarily hold and slowly drain excess stormwater in order to allow water levels in the receiving channel to recede. Detention facilities, which are often called "dry ponds" or "detention ponds" are not the same as retention facilities which are designed to hold water indefinitely.

      Effective on: 1/1/1901

      Developed Acreage
      Developed Acreage means total calculated acreage based on the construction site plan of buildings, pavement, landscaping, and other impermeable surfaces.

      Effective on: 1/1/1901

      Developed Land
      Developed Land means that portion of real property which has been altered from its natural landscape by the construction or reconstruction of any structure, parking lot, or other improvement.

      Effective on: 1/1/1901

      Developer
      Developer means a person, firm, or corporation, whether one or more or a combination of one or more, that improves, sells, or uses land for the purpose of constructing residential, commercial, or industrial buildings thereon to be sold or leased to others.

      Effective on: 1/1/1901

      Development
      Development means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement.

      Effective on: 1/1/1901

      Development Review Committee
      Development Review Committee or DRC means that committee described in Sec. 6.23, Development Review Committee.

      Effective on: 1/1/1901

      Dilapidated
      Dilapidated means any surface element, background, panels, or support of any sign that has finished materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous, illegible, leaning, splintered, ripped, torn, twisted, or unsightly. Dilapidated is further defined as when the sign or its elements are not in compliance with the requirements of the National Electrical Code and/or the International Building Code currently adopted by the City. See also “neglected sign.” 

        
        
        
        

      Effective on: 1/1/1901

      Disabled Person
      Disabled Person means a person that has one of the following:

      1. A.
        a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently;
      2. B.
        a record of having such an impairment; or
      3. C.
        being regarded as having such an impairment. The term "disabled" shall not include current illegal use of or addiction to a controlled substance.

      Effective on: 1/1/1901

      Dog Run
      Dog Run means an enclosed outdoor area intended for exercise and containment of a dog.

      Effective on: 1/1/1901

      Dooryard
      Dooryard means the area extending across the entire frontage of the lot, between the building facade or build-to zone and the clear sidewalk. This area may be hard-surfaced or planted depending on the frontage type. 

      Effective on: 1/1/1901

      Dormitory
      Dormitory means a building that is owned and/or operated by an educational institution whose primary purpose is to provide living accommodations for individuals associated with the institution. The term "dormitory" shall not include for-profit facilities operated on or near a university campus that provide the same or similar services as a dormitory.

      Effective on: 1/1/1901

      Drilling, Oil or Gas Operations
      Drilling, Oil or Gas Operations means the drilling, completion, or re-working of any type of oil, gas, disposal, exploratory or injection well or pipeline and subsequent life of a well or pipeline, or any associated appurtenances or operations, including changes to existing operations and all related equipment and structures, including associated non-residential temporary office structures.

      Effective on: 1/1/1901

      Drilling Site
      Drilling Site means the surface premises used for drilling, oil, or gas operations.

      Effective on: 1/1/1901

      Driveway Approach
      Driveway Approach means an improvement to provide vehicular access from the roadway to public or private property.

      Effective on: 1/1/1901

      Drip Line
      Drip Line means a vertical line extending from the outermost branches of a tree to the ground.

      Effective on: 1/1/1901

      Dwelling, Apartment
      Dwelling, Apartment means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities. Apartment dwelling does not include definitions of townhouse, multiplex, or triplex

      Effective on: 1/1/1901

      Dwelling, Duplex
      Dwelling, Duplex means the use of a lot for two dwelling units within a single building or structure.  The units may be next to or above and below one another.

      Effective on: 1/1/1901

      Dwelling, Live-Work
      Dwelling, Live-Work means a dwelling unit, part of which may be used as a business establishment if the dwelling unit is used as the principal residence of the business operator. Typically, the business operation is limited to the first story with the residence to occupy the second and third stories.

      Effective on: 1/1/1901

      Dwelling, Multiplex
      Dwelling, Multiplex means a single residential building on a single lot containing  three to five dwelling units with each unit designed for use and occupancy by one household.  Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under.

      Effective on: 1/1/1901

      Dwelling, Single-Unit Attached
      Dwelling, Single-Unit Attached means a dwelling unit which is joined to another dwelling on one or more sides by a party wall or abutting separate wall and which is designed for occupancy by not more than one household and is located on a single lot owned and fee simple. A single-unit attached dwelling shall be limited to a single common wall.

      Effective on: 1/1/1901

      Dwelling, Single-Unit Detached
      Dwelling, Single-Unit Detached means a fixed building containing only one dwelling unit and occupied by only one family and entirely surrounded by open space on its building site.

      Effective on: 1/1/1901

      Dwelling, Townhouse
      Dwelling, Townhouse means a structure that is one or a series of dwelling units designed for single-unit occupancy, which dwelling units are structurally connected or immediately adjacent to each other without side yards between individual dwelling units.

      Effective on: 1/1/1901

      Dwelling, Triplex
      Dwelling, Triplex means a building or structure containing three separate dwelling units.

      Effective on: 1/1/1901

      Dwelling Unit
      Dwelling Unit means a building or portion of a building, other than a mobile home, that is arranged, occupied, or intended to be occupied as a residence and includes facilities for sleeping, cooking, and sanitation. Dwelling units are further defined as follows:

      1. A.
        Detached single-unit dwelling means the use of a lot for one dwelling unit that has no physical connection to another dwelling unit or building;
      2. B.
        Attached single-unit dwelling means the use of a lot for one dwelling unit that is joined to another dwelling unit on an adjacent lot at one or more points by a party wall or abutting separate wall, including but not limited to row houses and townhomes; and
      3. C.
        Duplex dwelling means the use of a lot for two dwelling units within a single building.

      Effective on: 1/1/1901

      Easement, Fire Lane
      Easement, Fire Lane means an easement improved and maintained by the owner or co-owner of the land across which it is located for the primary purpose of providing ingress and egress to buildings served thereby for police officers, firefighters, and firefighting and emergency vehicles and equipment and for the location therein of water mains, fire hydrants, and other public utilities. A fire lane easement remains private property except for the restrictions imposed in this ULDC​​​​​​​.

      Effective on: 1/1/1901

      Eave
      Eave means the lower edge of a sloping roof that projects past the face of the wall below; or the point of intersection of the roof and exterior wall on a flat roof building. 

      Effective on: 1/1/1901

      Electric Vehicle (EV)
      Electric Vehicle (EV) means an automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current.

      Effective on: 1/1/1901

      Electric Vehicle Charging Station (EVCS)
      Electric Vehicle Charging Station (EVCS) means equipment for plug-in power transfer including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal protection system, and all other fittings, devices, power outlets or apparatus installed specifically to transfer energy between the premises wiring and the electric vehicle.

      Effective on: 1/1/1901

      Electric Vehicle Charging Station, Level 1
      Electric Vehicle Charging Station, Level 1 means electric vehicle charging infrastructure that provides low-power (typically 120 volts AC) charging suitable for overnight charging at residential locations. 

      Effective on: 1/1/1901

      Electric Vehicle Charging Station, Level 2
      Electric Vehicle Charging Station, Level 2 means electric vehicle charging infrastructure that provides medium-power (typically 240 volts AC) charging suitable for both residential and commercial settings. It allows faster charging compared to Level 1.  

      Effective on: 1/1/1901

      Electric Vehicle Charging Station, DC Fast Charger
      Electric Vehicle Charging Station, DC Fast Charger means electric vehicle charging infrastructure, also referred to as Level 3 EV charging station, that provides high-power (typically 400 volts DC or higher) charging, enabling rapid charging at commercial and public locations.

      Effective on: 1/1/1901

      Electronic Message Center
      Electronic Message Center means a sign designed so that the characters, letters, or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g., electronic or digital signs).    

        
        
        
        

      Effective on: 1/1/1901

      Elevated Building
      Elevated Building means a building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

      Effective on: 1/1/1901

      Elevations
      Elevations means drawings to scale of the external face of a building or structure. 

      Effective on: 1/1/1901

      Environmental Analysis
      Environmental Analysis means an analysis of predictable short and long-term environmental effects.

      Effective on: 1/1/1901

      Environmentally Sensitive Area
      Environmentally Sensitive Area ("ESA") means an area which needs special protection because of its landscape, wildlife, or historical value.

      Effective on: 1/1/1901

      Equipment Sales and Rental Facilities
      Equipment Sales and Rental Facilities means an establishment that is engaged in the sale or rental of tractors, construction equipment, farm equipment, or other similar equipment. This includes the servicing of such equipment.

      Effective on: 1/1/1901

      Equipment Storage
      Equipment Storage means the storage of any equipment outdoors. The term does not include equipment that is loaded on to a trailer. The term does not include new vehicles or new equipment that is advertised for sale as part of the primary use of the business, such as lawnmowers or playground equipment displayed outside of a retail goods establishment.

      Effective on: 1/1/1901

      Equivalent Dwelling Unit Table
      Equivalent Dwelling Unit Table means the table approved by the City Council converting utilization of capacity required by various land uses to numbers of service units based upon the type and size of meters.

      Effective on: 1/1/1901

      Evergreen Screen
      Evergreen Screen means an arrangement of evergreen shrubs and/or trees that creates a continuous opaque visual screening device at least six feet in height as measured after the first full growing season.

      Effective on: 1/1/1901

      Evergreen Tree
      Evergreen Tree means a tree that retains some or all of its leaves throughout the year, which can be used for the purposes of providing a visual screen.

      Effective on: 1/1/1901

      Excavation
      Excavation means any digging, trenching, scraping or other activity that disturbs natural soil or rock to a depth of five feet or more, other than soil disturbance incidental to the removal of trees or vegetation.

      Effective on: 1/1/1901

      Existing Manufactured Home Park or Subdivision
      Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the placement of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.

      Effective on: 1/1/1901

      Existing Tree
      Existing Tree means a tree which is located on the property prior to a new construction permit being issued by the City.

      Effective on: 1/1/1901

      Extraterritorial Jurisdiction
      Extraterritorial Jurisdiction means that land within three and one-half miles of the corporate limits of the City or as otherwise established by state law.

      Effective on: 1/1/1901

      Facade
      Facade means that portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Also see Front Facade.  

      Effective on: 1/1/1901

      Facade, Front
      Facade, Front means the building elevation facing the street or public realm, and within the build-to zone. Building elevations facing private interior courts, common lot lines, and alleys are not front facades. 

      Effective on: 1/1/1901

      Family
      Family means a group of two or more persons, each related to the other by blood, marriage, or adoption; or a group of not more than six persons not related by blood, marriage, or adoption that are living together in a dwelling unit.

      Effective on: 1/1/1901

      Family Home Day Care
      Family Home Day Care means a dwelling in which a resident of the dwelling provides day care of children, meeting all requirements of state law, the administrative code, and this ULDC.

      Effective on: 1/1/1901

      Federal Agency
      Federal Agency means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

      Effective on: 1/1/1901

      Fence
      Fence means a barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials or other materials defined in Chapter 18 of the City's Code of Ordinances erected to enclose, screen, separate, or decorate areas.

      Effective on: 1/1/1901

      Fenestration
      Fenestration means openings in a wall, including windows and doors, allowing light and views between the building and/or lot interior (private realm) and exterior (public realm).  

      Effective on: 1/1/1901

      Filed
      Filed means placed on the Planning and Zoning Commission's posted agenda or forwarded to the Planning Director for final approval, which may occur only after the city has completed its administrative review of the submitted plat.

      Effective on: 1/1/1901

      Fire Station
      Fire Station means a structure for storage of firefighting apparatus (i.e., fire engines and related vehicles), personal protective equipment, fire hose, fire extinguishers, and other fire extinguishing equipment. It may have dormitory living facilities and work areas such as meeting rooms, workshop, or laundry. Living areas are sometimes arranged above the garage bays.

      Effective on: 1/1/1901

      Fitness Gym
      Fitness Gym means an enclosed establishment generally containing multi-use facilities for conducting fitness and recreational activities, including, but not limited to, exercises, weightlifting, running, swimming, and racquetball.

      Effective on: 1/1/1901

      Flag
      Flag means a piece of fabric attached to a staff or cord on one end and generally used as a symbol of a nation, state, political subdivision, or organization.  

      Effective on: 1/1/1901

      Flagpole
      Flagpole means a freestanding device permanently placed in the ground for the purpose of flying a flag of a nation, state, political subdivision, or organization.  

      Effective on: 1/1/1901

      Food Delivery
      Food Delivery means an establishment that prepares food on-site and: (1) whose employees deliver the food to customers as it is ordered; or (2) customers pick up.  No dining takes place on-site.

      Effective on: 1/1/1901

      Food Service Establishment
      Food Service Establishment means a facility where food is prepared for consumption on- and/or off-premises regardless of whether there is a charge for the food with the intent to distribute to persons rather than wholesale distribution.

      Effective on: 1/1/1901

      Footprint, Building
      Footprint, Building means the horizontal area as seen in plan view and measured from the outside of all exterior walls and supporting columns. It includes residences, garages, covered carports, and accessory structures for which a permit has been obtained. It does not include patios, porches, trellises, and decks that are 30 inches or less above the ground.

      Effective on: 1/1/1901

      Frontage
      Frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abut a street shall be considered frontage. Reference the definition of radial lots for more information on where the frontage width of curvilinear lots is measured.

      Effective on: 1/1/1901

      Funeral Services
      Funeral Services means establishments preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets, and related merchandise).

      Effective on: 1/1/1901

      Garage Sale
      Garage Sale means:

      1. A.
        A garage sale shall be allowed at one location only once within a six-month period for a maximum of either:
        1. 1.
          Three consecutive calendar days, or
        2. 2.
          Two calendar days within an eight-day period.
      2. B.
        A person who is conducting a lawful garage sale shall be allowed to erect a maximum of seven signs advertising the garage sale; provided that each such sign meets the requirements specified in Division 3.6, Signs.

      Effective on: 1/1/1901

      Gas Well
      Gas Well means a well producing natural gas, including all of its constituent elements including gasoline, distillates, butanes, propane, and other hydrocarbons, and which produces less than one barrel of oil to each 100,000 cubic feet of gas.

      Effective on: 1/1/1901

      Gazebo
      Gazebo means a residential accessory structure that is a covered, free-standing structure used for outdoor gathering.

      Effective on: 1/1/1901

      General Retail
      General Retail means the sale of goods and/or services directly to the consumer where such goods are available for immediate purchase.

      Effective on: 1/1/1901

      Glazing
      Glazing means a transparent part of a wall or door made of glass.

      Effective on: 1/1/1901

      Golf Course
      Golf Course means land designed and built for the purpose of playing golf and may include a club house and a golf cart barn. The term does not include putt-golf, miniature golf, or driving ranges.

      Effective on: 1/1/1901

      Golf Driving Range
      Golf Driving Range means an outdoor area equipped with distance markers, clubs, balls, and tees for practicing long-distance golf drives.

      Effective on: 1/1/1901

      Goose Creek Oil Field
      Goose Creek Oil Field means that area described by Lambert Coordinates in section 62-96 plus the following described area:

      Beginning at the most easterly boundary line of the field described in section 62-96 with the intersection of the south bank of Cedar Bayou Stream. Continuing along the south bank meandering in an easterly southerly direction to the north east point of TR 7C in the ABST 65 W Scott thence along the north boundary line in a southerly westerly direction approximately 2,811 feet to a point. Thence in a northwesterly direction approximately 140 feet to the easterly boundary line of the Goose Creek fields. Thence north along said boundary line to the beginning said point on Cedar Bayou Stream being approximate 172.96 acres herein described.

      Effective on: 1/1/1901

      Gravel Pit
      Gravel Pit means an open land area where sand, gravel, dirt, and rock fragments are mined or excavated for sale or for off-site use.

      Effective on: 1/1/1901

      Greenhouse or Nursery
      Greenhouse or Nursery means an establishment primarily engaged on the propagation (for sale at retail or wholesale) of horticultural specialties, such as flowers, shrubs, and trees, intended for ornamental or landscaping purposes.

      Effective on: 1/1/1901

      Grocery or Drug Store
      Grocery or Drug Store means a single retail establishment that uses the premises to sell to the ultimate end user, food or drugs, including food and drugs, which are manufactured on the premises as an integral part of the retail operation, and includes any such premises which may be described as a warehouse store, discount warehouse, or factory outlet, or a warehouse or wholesale club whose membership is open to other than institutions, government agencies, and businesses. A minimum of 50 percent of the sales floor area is devoted to food items including, but not limited to, fresh produce, fresh meats, fresh dairy products, and packaged foods; and general merchandise is incidental.

      Effective on: 1/1/1901

      Groundcover
      Groundcover means a spreading plant including sods and grasses less than 18 inches in height that may be used for erosion control.

      Effective on: 1/1/1901

      Group Home for Substitute Care
      Group Home for Substitute Care means a facility regulated by the state that provides for the placement of six or more children who are in the conservatorship of the Texas Department of Family and Protective Services or another state-authorized agency in care outside the children's homes. The term includes group foster care homes, institutional care, adoption centers, or commitment to the state youth commission. Nothing in this ULDC shall be interpreted to restrict the right of a private homeowner to act as a placement option for a relative or to provide state-regulated foster care for less than five or fewer children that are in the conservatorship of the state.

      Effective on: 1/1/1901

      Group Home for the Disabled
      Group Home for the Disabled means a dwelling shared by no more than two resident staff and six disabled persons who are unrelated to the owner of the dwelling by blood or marriage, who live together as a single housekeeping unit in a long-term, family-like environment, in which staff persons provide care services, education, and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible. The term "group home for the disabled" shall not include alcoholism or drug treatment centers, work release facilities for convicts, or ex-convicts or other housing facilities serving as an alternative to incarceration.

      Effective on: 1/1/1901

      Guest Housing
      Guest Housing means attached or detached building that provides living quarters for guests and contains no kitchen or cooking facility. It is a building that is clearly subordinate and incidental to the primary residence on the same lot.

      Effective on: 1/1/1901

      Guest Parking
      Guest Parking means a parking area used exclusively by the guest of residents of the townhouse or multifamily development in which it is located.

      Effective on: 1/1/1901

      Halfway House
      Halfway House means a state-licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the state Department of Corrections.

      Effective on: 1/1/1901

      Health Club or Physical Fitness Services
      Health Club or Physical Fitness Services means a facility that is open to members only or the general public and offers its primary floor area for the playing of organized sports, such as basketball, soccer, gymnastics, or dance, for fees, whether in structured league arrangements or in "free play" setting. Such a facility may include spas, workout or exercise equipment, gymnasiums, or restaurant and snack bar-refreshment services, subject to all other provisions of this chapter governing such services.

      Effective on: 1/1/1901

      Home Occupation
      Home Occupation means work that is carried out in a dwelling by the resident thereof and is an incidental use to the primary use of the dwelling.

      Effective on: 1/1/1901

      Homeless Shelter
      Homeless Shelter means a building providing temporary shelter to indigent, homeless people. means a supervised publicly or privately operated shelter or other facility that is designed to provide temporary living accommodations to individuals and families.  

      Effective on: 1/1/1901

      Horizontal Mixed-Use Development
      Horizontal Mixed-Use Development means a development consisting of two or more attached or detached buildings of differing use categories (e.g., residential and nonresidential) within the same project area.

      Effective on: 1/1/1901

      Hospital
      Hospital means an institution that is licensed by a state agency to provide primary health services and medical or surgical care to persons, primarily in-patients, suffering from a variety of abnormal physical or mental conditions where overnight care is available. A hospital may include various medical support and accessory uses such as: laboratories; outpatient facilities; training facilities; short-term, on-site medical waste storage (not disposal); short-term warehousing and storage of medical-related equipment and supplies; garages; and other facilities commonly associated with medical institutions.

      Effective on: 1/1/1901

      Hotel
      Hotel means a building with habitable suites/rooms accessed from internal hallways for temporary occupancy by guest(s) who rent the suites/rooms on a daily basis. This term excludes rooming house or boarding house.

      Effective on: 1/1/1901

      Impervious Surface Area
      Impervious Surface Area means any surface area that prevents infiltration of water into the soil. Impervious surface may include, but not be limited to, those surfaces covered by asphalt, concrete, crushed stone, clay, bedrock, limestone and compacted soil.

      Effective on: 1/1/1901

      Impact Fee
      Impact Fee means a fee levied by the City according to TLGC, Chapter 395, as a total or partial reimbursement for the total or partial cost of providing additional facilities or services needed as a result of new development.

      Effective on: 1/1/1901

      Industrial and Manufacturing Product Sales and Supply
      Industrial and Manufacturing Product Sales and Supply means the sale and supply of petroleum products and large scale industrial and manufacturing products typically sold and shipped in large quantities. This definition includes uses such as oil well equipment sales, service and/or storage; pump sales and service; road machinery sales and service (completely within a building); road machinery sales and service (business permitted outside of building); welding equipment and supplies (acetylene). This use is not the same as Supply House

      Effective on: 1/1/1901

      Industrialized Home
      Industrialized Home means a residential structure that is:

      1. A.
        Designed for the occupancy of one or more families;
      2. B.
        Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
      3. C.
        Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

      Effective on: 1/1/1901

      Interstate, Expressway, or Freeway
      Interstate, Expressway, or Freeway means a multilane divided street network, including the frontage streets that provide ingress and egress to controlled access lanes, as indicated on the major thoroughfare plan.

      Effective on: 1/1/1901

      Junk
      Junk means scrap iron, tin, brass, copper, lead, zinc, and all metallic substances, except metals and crafted precious metals which are regulated, handled, purchased, received, or offered for sale by dealers in junk and means and includes secondhand plumbing and electric fixtures; wires; globes; brass pipe, lead pipe and pipe of other metals; melted metals of any kind; such parts of machinery or machines that may be identified as such; any fixture pertaining to a residence, business house, or other house of any kind; abandoned automobile hulls and bodies and any parts or automobile accessories, including horns, prestolite tanks, tires, and all detached and detachable parts of any automobile, bicycle, motorcycle, or motor vehicle of any kind or of any vehicle of any kind; hydrants; faucets; lawn hose; lawn sprinklers; gas fixtures; fittings; appliances; garden tools; mechanical tools of every description; harness; rags; rubber; rope; bottles; and utensils of every description. The enumeration of the articles in this definition shall not be held to exclude other articles that may be reasonably included under the general definition of junk, when given its usual trade meaning.

      Effective on: 1/1/1901

      Junk Dealer
      Junk Dealer means any person engaged in collecting, handling, or selling any of the articles defined as junk and all persons engaged in the buying and selling of such goods, wares, and merchandise.

      Effective on: 1/1/1901

      Junkyard, Salvage Yard, or Wrecking Yard
      Junkyard, Salvage Yard, or Wrecking Yard means any lot or tract used or maintained as a dumping ground or for the storage, wrecking, or disassembling of junk.

      Effective on: 1/1/1901

      Kennel
      Kennel means any lot, enclosure, premises, structure or building, or outside feature where four or more dogs over the age of six months are kept or maintained for the purpose of boarding or breeding.

      Effective on: 1/1/1901

      Kitchen
      Kitchen means a room intended and designed to be used for food preparation and meeting the requirements of the International Building Code for the use for which it is intended (e.g., residential or non-residential).

      Effective on: 1/1/1901

      Knee Wall
      Knee Wall means a masonry wall that is in 20-foot segments (A in the illustration below), is three feet in height (B), and has columns that are three and one-half feet in height (C) and that separate each segment.  

       Knee Wall Illustration 
       Knee Wall Illustration 
       Knee Wall Illustration 
       Knee Wall Illustration 

      Effective on: 1/1/1901

      Landfill, Sanitary
      Landfill, Sanitary means a site for the burial of non-hazardous and non-medical farm, residential, institutional, commercial, municipal, and industrial waste.

      Effective on: 1/1/1901

      Landscape Reserve
      Landscape Reserve means undeveloped property which is left in its natural state and is of sufficient size for the growth of plants and trees.

      Effective on: 1/1/1901

      Large Tree
      Large Tree means a tree, under normal growth conditions, that reaches a mature height at or above 40 feet. A tree that, at the time of planting, is at least 12 feet tall above grade and has a minimum caliper of three inches.

      Effective on: 1/1/1901

      Laundry Building
      Laundry Building means a facility where residents of a multifamily dwelling development may wash and dry their personal laundry.

      Effective on: 1/1/1901

      Liner Building
      Liner Building means a shallow structure along a street frontage or block perimeter specifically designed to mask a parking lot, parking structure, or large-scale commercial structure such as a theater or convention center, and provide an active habitable building frontage along the sidewalk. 

      Effective on: 1/1/1901

      Live Outdoor Exhibitions
      Live Outdoor Exhibitions means any live performance outdoors and includes such activities as exhibitions, carnivals, or circuses in which humans, animals, or machines perform.

      Effective on: 1/1/1901

      Live/Work
      Live/Work see Dwelling, Live/Work.  

      Effective on: 1/1/1901

      Livestock
      Livestock means any grazing animal, including but not limited to cattle, horses, mules, asses, burros, sheep, and goats.

      Effective on: 1/1/1901

      Loading Dock
      Loading Dock means a recessed bay (in a well) in a building or facility or on a raised slab where trucks are loaded and unloaded. They are commonly found on commercial and industrial buildings and warehouses in particular. The mere existence of an overhead door does not make a location a loading dock. Loading docks may be exterior, flush with the building envelope, or fully enclosed. They are part of a facility's service or utility infrastructure.

      Effective on: 1/1/1901

      Local Street
      Local Street means all other streets not otherwise indicated on the major thoroughfare plan. The plan is on file with the Planning Director.

      Effective on: 1/1/1901

      Lot
      Lot means a parcel of land recorded in the public records of the county, or a parcel described by metes and bounds, the description of which has been so recorded.

      Effective on: 1/1/1901

      Lot Consolidation
      Lot Consolidation means the incorporation of a number of lots into fewer lots, each of a larger size than the original lots.

      Effective on: 1/1/1901

      Lot Coverage
      Lot Coverage means that portion of the lot that is covered by buildings, structures, or any other manmade improvement on the ground surface which are more impervious than the natural surface, such as paving, driveways, etc. Detention facilities lined with asphalt, concrete, rock or any other like materials are considered impervious surfaces for the purpose of calculating lot coverage.

      Effective on: 1/1/1901

      Lot Line Adjustment
      Lot Line Adjustment means a minor change in lot line location.

      Effective on: 1/1/1901

      Lumber and Other Building Materials, Retail
      Lumber and Other Building Materials, Retail means an establishment where lumber and other building materials such as brick, tile, cement, insulation, roofing materials, and the like are sold at retail. The sale of items such as heating and plumbing supplies, electrical supplies, paint, glass, and hardware is permitted since it is customarily incidental to the sale of lumber and other building materials.

      Effective on: 1/1/1901

      Main
      Main means a water or a sewer line that is six inches in diameter or greater.

      Effective on: 1/1/1901

      Major Thoroughfare
      Major Thoroughfare means a designation of collector, minor arterial, or principal arterial that may be included on the city's major thoroughfare plan.

      Effective on: 1/1/1901

      Management Office, On Site for Multiunit and Single-Unit Dwellings
      Management Office, On Site for Multiunit and Single-Unit Dwellings means a room or suite of rooms set aside for the use of persons who run the business of leasing or renting dwellings, running the homeowners association, or maintaining the grounds or buildings. Does not include the outside storage of lawnmowers and other equipment or materials for maintenance.

      Effective on: 1/1/1901

      Manufactured Home
      Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. "Manufactured (mobile) home" does not include a recreational vehicle.

      Effective on: 1/1/1901

      Manufactured Home Park
      Manufactured Home Park means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

      Effective on: 1/1/1901

      Masonry Materials
      Masonry Materials means and includes that form of construction defined below and composed of clay brick, natural stone, decorative concrete block, stucco, glass block, tilt-wall, rock, synthetic stucco material meeting applicable windspeed requirements, exterior insulation and finish systems (EIFS) complying with ASTM-E 330 structural testing and ASTM-C 1093 fastening, or other materials of equal characteristics laid up unit by unit set in mortar. The following materials shall not qualify nor be defined as "masonry materials" in meeting the minimum requirements for exterior construction of buildings, unless specifically approved by variance: exterior plaster or mortar wash surface material; acrylic matrix, synthetic plaster, or other similar synthetic material; cementitious fiber board siding (such as "Hardie Plank" or "Hardie Board").

      Effective on: 1/1/1901

      Master Sign Plan
      Master Sign Plan means a document used to determine consistency and uniformity among signs, their overall location(s) on a given property, and the relationship of the signs to surrounding existing, proposed, and future improvements.  

      Effective on: 1/1/1901

      Medical Equipment Storage and/or Research Facilities
      Medical Equipment Storage and/or Research Facilities means a facility whose primary function is the warehousing and storage of medical equipment or the conducting of medical-related research activities totally within an enclosed building.

      Effective on: 1/1/1901

      Medical or Dental Office or Clinic
      Medical or Dental Office or Clinic means a use where medical, dental, psychiatric, psychological, chiropractic and other outpatient services are performed.  This definition includes blood banks and blood plasma centers.

      Effective on: 1/1/1901

      Medical Waste Storage and Disposal Center
      Medical Waste Storage and Disposal Center means a facility whose primary function is to store and/or repackage medical waste for transportation to a processing facility.

      Effective on: 1/1/1901

      Microbrewery, Microdistillery, or Microwinery
      Microbrewery, Microdistillery, or Microwinery means a small, independently owned establishment where beer, wine, or other alcoholic beverage is brewed, fermented, or distilled for on-premises consumption and/or distribution.

      Effective on: 1/1/1901

      Micro-Manufacturing
      Micro-Manufacturing means the retail or business-to-business on-site production of artisan goods that are produced indoors using small hand tools or light machinery including, but not limited to, 3-D printers or computer numerical control routers. Sample uses includes the display, sale, and distribution of crafted goods, including, but are not limited to, fruit and vegetable canning, pickling, or preserving; ironwork; two-dimensional and three-dimensional printing; beer, the making or assembling of bedding, candles, cheese or other dairy products, clothing or textiles, electronic components, furniture, jewelry, non-alcoholic beverage, portraits, signs, soap, or wine.

      Effective on: 1/1/1901

      Mini-Golf Course
      Mini-Golf Course means a facility designed for plating a novelty golf game with a putter on a miniature course usually having tunnels, bridges, sharp corners, and obstacles.

      Effective on: 1/1/1901

      Minor Arterial
      Minor Arterial means a street indicated on the major thoroughfare plan on file with the Planning Director.

      Effective on: 1/1/1901

      Minor Plat
      Minor Plat means a plat of a tract of land, which includes four or fewer lots, which also meets the conditions defined in Article 7, Sec. 7.15 of the ULDC.

      Effective on: 1/1/1901

      Minor Replat
      Minor Replat means as a replat of a tract of land, which involves four or fewer lots, which also meets the conditions defined in Article 7 of the ULDC.

      Effective on: 1/1/1901

      Mixed-Use Building
      Mixed-Use Building means a building that contains at least one floor, or a portion thereof, devoted to permitted nonresidential uses, and at least one floor devoted to permitted residential uses.

      Effective on: 1/1/1901

      Movie or Other Theater
      Movie or Other Theater means a facility charging admission to the general public for the privilege of observing a live, televised, or motion picture performance indoors.

      Effective on: 1/1/1901

      Mulch
      Mulch means various substances that are placed around plants to prevent evaporation, to control weeds, and to control soil erosion. Mulch material includes, but is not limited to, organic substances and various forms and sizes of natural rocks.

      Effective on: 1/1/1901

      Multifamily
      Multifamily means the use of a lot or any residential dwelling consisting of five or more units to include, but not be limited to, common accessory structures such as garages, laundry buildings, and guest parking.

      Effective on: 1/1/1901

      Multiplex
      Multiplex see Dwelling, Multiplex.

      Effective on: 1/1/1901

      Neighborhood
      Neighborhood means:

      1. A.
        A quarter-mile (approximately 1,300 feet) radius around the nonconforming condition;
      2. B.
        In commercial areas, the area along a transportation corridor that is between the two closed signalized major thoroughfare intersections in opposite directions from the nonconforming condition and that has a depth at least back to the local streets paralleling the major thoroughfares; or
      3. C.
        If in a residential subdivision, the residential subdivision of at least ten lots may also meet these criteria.

      Effective on: 1/1/1901

      New Development
      New Development means the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure or any use or extension of the use of land; any of which increases the number of service units.

      Effective on: 1/1/1901

      Nonconforming Structure
      Nonconforming Structure means a structure in existence prior to the adoption of this ULDC that fails to meet one or more of the zoning standards in this Code applicable to such structure.

      Effective on: 1/1/1901

      Nonconforming Use
      Nonconforming Use means a land use in existence prior the date of adoption of this ULDC that fails to meet one or more of the zoning standards in this Code applicable to such use.

      Effective on: 1/1/1901

      Nonconforming Sign
      Nonconforming Sign means any sign which was erected legally prior to the adoption of this ordinance, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign ordinance requirements.

      Effective on: 1/1/1901

      Nonresidential Use
      Nonresidential Use means any structure or use not included in the definition of ‘residential use’ contained in this ordinance including, but not limited to, a home-builder model home, a temporary sales trailer, and an apartment leasing office. 

      Effective on: 1/1/1901

      Notice, Actual
      Notice, Actual means actual knowledge or such circumstances or conditions as would put a person of ordinary prudence on inquiry to determine the facts. 

      Effective on: 1/1/1901

      Notice, Constructive
      Notice, Constructive means such information or facts as may be determined from instruments in writing placed of record in the office of the County Clerk.

      Effective on: 1/1/1901

      Nursing Home
      Nursing Home means an institution licensed by the state that provides meals, resident care, and services for persons who are generally admitted for periods of time exceeding 30 days. Such service includes custodial or attendant care, but may or may not provide for routine and regular medical and nursing services. The term nursing home includes care homes, homes for the aged, convalescent homes, rest homes, and other related institutions not otherwise defined in this section, where such persons are mostly incapable of self-preservation due to age, physical or mental disability, or because of security measures not under the occupants' control. The term "nursing home" excludes facilities that provide surgical or emergency medical services or that provide care for alcoholism, mental disease, drug addiction, or communicable disease.

      Effective on: 1/1/1901

      Office
      Office means administrative, executive, professional, research, or similar facilities that have limited customers. An office may be a room, a suite of rooms, or a portion of a building.

      Effective on: 1/1/1901

      Offset
      Offset means the amount of the reduction of an impact fee, determined under this article that is equal to the value of a water facility or a portion thereof included in the capital improvements plan, that is constructed or financed by a property owner.

      Effective on: 1/1/1901

      Oil Well
      Oil Well means any well that produces one barrel or more of oil to each 100,000 cubic feet of gas.

      Effective on: 1/1/1901

      Opaque Screening
      Opaque Screening means a method of visually shielding or obscuring one abutting or nearby land use from another nearby or abutting land use. 

      Effective on: 1/1/1901

      Open Space
      Open Space means land use for recreation, resource protection, and/or buffers; usually privately owned and maintained and are generally only accessible to occupants of a particular building or site, and (primarily) open to the sky. 

      Effective on: 1/1/1901

      Outdoor Living Area
      Outdoor Living Area means a common outdoor area designed to provide a more pleasant and healthful environment for the occupants of a dwelling unit and the neighborhood in which such dwelling unit is located. It includes natural ground areas, patios, terraces, or similar areas developed for active or passive recreational activities. All areas designated for retention or detention facilities shall not be considered as qualifying under this definition.

      Effective on: 1/1/1901

      Outdoor Storage Yard
      Outdoor Storage Yard means a holding area for stockpiling, collecting, or displaying of any products, materials, equipment, appliances, and/or personal property of any kind on a stabilized surface or in a structure that includes a roof but has no side walls, or screening or walls without a roof. This term includes a lay-down yard but does not include containers, towing yards, vehicle storage, or vehicle and boat sales, rental, or leasing facility.

      Effective on: 1/1/1901

      Outdoor Storage (Accessory)
      Outdoor Storage (Accessory) means a holding area for the accessory use of stockpiling, collecting, or displaying of any products, materials, equipment, appliances, and/or personal property of any kind, which are neither noxious noncombustible, on an asphalt- or concrete-paved surface or in a structure that includes a roof but has no side walls, or screening or walls without a roof. This term includes a lay-down yard as an accessory use, but does not include a container, towing yard, vehicle storage, or vehicle and boat sales, rental, or leasing facility.

      Effective on: 1/1/1901

      Outside Sales and Display
      Outside Sales and Display means an unenclosed area used for retail sales and placement of products as an accessory use associated with the primary retail use on the same premises. This term does not include open-air vendors.

      Effective on: 1/1/1901

      Owner
      Owner means the owner or resident of a property, other than the developer.

      Effective on: 1/1/1901

      Package Store (Alcohol)
      Package Store (Alcohol) means an establishment that may sell liquor in unbroken original containers on or from the licensed premises at retail to consumers for off-premises consumption only and not for the purpose of resale, except that if the permittee is a hotel, the permittee may deliver unbroken packages of liquor to bona fide guests of the hotel in their rooms for consumption in their rooms. Reference V.T.C.A., Alcohol Code § 11.29.

      Effective on: 1/1/1901

      Packaging
      Packaging means the placement of products into bulk containers or placing hazardous products into containers of any kind for the purpose of transport to another location. Packaging does not include the placement of non-hazardous products into individual containers for shipment that are picked up on-site by the USPS, FedEx, or similar carrier routinely allowed in residential areas.

      Effective on: 1/1/1901

      Park
      Park means public land set aside for recreation, culture, or passive recreation uses for residents and workers and may include neighborhood parks, community parks and regional parks, trails, and sports fields.

      Effective on: 1/1/1901

      Parking Lot, Commercial
      Parking Lot, Commercial means a parcel of land or a structure used for the temporary parking of vehicles for a fee, which may be charged regardless of any other fee for the premises.

      A parking structure means a facility with one or more floors used for the temporary storage of vehicles.

      Delivery of items is not considered commercial parking.

      Effective on: 1/1/1901

      Parking Setback Line (PSL)
      Parking Setback Line (PSL) means a line or plane, generally parallel to the build-to zone, behind which parking may be located. (The parking setback line may extend vertically above the ground story when designated in the form district sub-area placement standards.) 

      Effective on: 1/1/1901

      Parking Space
      Parking Space means a space used for parking a motor vehicle and satisfying all of the applicable requirements for off-street parking.

      Effective on: 1/1/1901

      Passive Recreation
      Passive Recreation means recreational uses, areas, or activities oriented to noncompetitive activities that either require no special equipment or are natural areas. Bicycle riding, hiking, and bird watching are examples of passive recreation activities.

      Effective on: 1/1/1901

      Pawn Shop
      Pawn Shop means an establishment licensed to transact business by the Consumer Credit Commissioner under TLGC Chapter 371, Finance Code, where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).

      Effective on: 1/1/1901

      Personal Care Home
      Personal Care Home means a residential facility where room and board and personal care services are provided within a dwelling unit to not more than six elderly persons, regardless of the relationship to the owner.

      Effective on: 1/1/1901

      Personal Care Services
      Personal Care Services means assistance with feeding, dressing, moving, bathing, or other personal needs, maintenance, general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living environment, or who needs assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person. Personal care services also include the administration of medication by a person licensed to administer medication, as defined by the V.T.C.A., Health and Safety Code § 247.002.

      Effective on: 1/1/1901

      Personal Pleasure Boat
      Personal Pleasure Boat means a vehicle designed for operation in water by oars, sails, or internal combustion engine for personal use.

      Effective on: 1/1/1901

      Personal Storage Building
      Personal Storage Building means a structure usedsolely for the storage of inanimate objects that is not connected to a dwelling or other building and does not have water or sewer service.

      Effective on: 1/1/1901

      Pet Kennel
      Pet Kennel See Kennel

      Effective on: 1/1/1901

      Pets
      Pets means those animals and fowl normally domesticated in the United States, typically obtained at pet shops, and kept in or around the home for pleasure rather than utility, e.g., dogs, cats, canaries, mynahs, parrots, parakeets, fish, rabbits, and rodents and excluding animals defined by state or federal regulations as wildlife, as set forth in state law.

      Effective on: 1/1/1901

      Pet Store
      Pet Store means a retail store whose primary purpose is to sell products and services that support pets. The sale of pets, grooming, and housing for pets shall be an accessory and incidental use in the pet store. Animal housed overnight shall be housed inside the pet store.

      Effective on: 1/1/1901

      Place of Public Assembly
      Place of Public Assembly means an establishment where people assemble for civic, educational, religious, philosophical or cultural purposes. Typical uses include assembly, meeting, event or exhibition hall; church, mosque, synagogue, or temple; club or lodge; community center; philanthropic institution; congregate shelter or bridge housing, and senior or youth center, other uses that the Planning Director or their designee interprets to be functionally similar to a use in this use category.

      Effective on: 1/1/1901

      Planning and Zoning Commission
      Planning and Zoning Commission means the body appointed by the City Council to exercise the powers and duties set forth in Article 6 and Article 7

      Effective on: 1/1/1901

      Plat
      Plat means a map, chart, survey, plan, or replat containing a description of the subdivided land with ties to permanent landmarks or monuments. 

      Effective on: 1/1/1901

      Plot Plan
      Plot Plan means a site plan of the project area, which identifies residential boundaries where residential uses are proposed in this overlay district.

      Effective on: 1/1/1901

      Police Station
      Police Station means a building that accommodates police officers and members of staff. The building often contains offices and accommodations for personnel and vehicles, along with locker rooms, temporary holding cells, and interview/interrogation rooms.

      Effective on: 1/1/1901

      Primary Building(s)
      Primary Building(s) means a structure that is developed along the street frontage that is subject to the front yard setback standards or to build-to zone and frontage requirements in the form districts.

      Effective on: 1/1/1901

      Primary Entrance(s)
      Primary Entrance(s) means an ingress and egress point of a building or suite, which is designed for pedestrians, that is oriented towards the street frontage, public realm, or usable open space.

      Effective on: 1/1/1901

      Principal or Major Arterial
      Principal or Major Arterial means a street indicated so on the major thoroughfare plan and on file with the Planning Director.

      Effective on: 1/1/1901

      Private Easement
      Private Easement means an easement that is not a public easement and that is used exclusively by the owner thereof to serve only his property with utility service.

      Effective on: 1/1/1901

      P
      Privately Constructed Sewer means a sewer constructed in compliance with the city ordinances by a property owner, developer or others, within a public street or public easement, and dedicated to the city for operation and maintenance.

      Effective on: 1/1/1901

      Private Open Area
      Private Open Area means usable open space directly associated with a dwelling unit or part of a common area of a development and having clearly delineated boundaries.

      Effective on: 1/1/1901

      Private Recreation Space
      Private Recreation Space means privately owned, maintained, and operated outdoor space for the refreshment and relaxation of mind and body through active or passive use.

      Effective on: 1/1/1901

      Project Area
      Project Area means a single parcel or multiple parcels, planned and constructed as one, coordinated, and unified project.

      Effective on: 1/1/1901

      Property Line
      Property Line means the line bounding a parcel, lot, or tract.

      Effective on: 1/1/1901

      Property Owner
      Property Owner means the individual or entity holding the legal title to the property, as recorded in the official land records for Harris County.

      Effective on: 1/1/1901

      Public Easement
      Public Easement means an easement, street, or right-of-way dedicated to a governmental body or to the public, either by a recorded map, plat, by a recorded instrument of conveyance, or acquired by condemnation and within which water or sewer lines may be constructed, maintained, and operated.

      Effective on: 1/1/1901

      Public Realm
      Public Realm see Street (Public Realm).

      Effective on: 1/1/1901

      Public Services
      Public Services means a service or a facility provided by a local, state, regional, or federal agency that provides a service, function, or activity for direct public benefit. This term does not include prisons.

      Effective on: 1/1/1901

      Qualified Applicant
      Qualified Applicant means the party that meets all the requirements under this ULDC in order to make application under this ULDC.

      Effective on: 1/1/1901

      Radial Lot
      Radial Lot means any lot located along a curved road or at the end of a cul-de-sac, and where the distance along the road frontage is less than the amount required per the ULDC for that district. The minimum lot width must be met at the front building line. Side property lines should be radial to the curve of the road or cul-de-sac.

      Effective on: 1/1/1901

      Recreational Vehicle
      Recreational Vehicle means a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation, and vacation use, which does not exceed eight feet in width and 40 feet in length, exclusive of tongue. The term recreational vehicle also includes all portable structures which may be moved under their own power, towed, or transported by another vehicle, and includes other types of vehicles such as, but not limited to, trucks, vans, and buses that have been converted to temporary dwellings for travel, recreation, and vacation use, regardless of size.

      Effective on: 1/1/1901

      Recreational Vehicle Park
      Recreational Vehicle Park means a lot used for the accommodation of recreational vehicles for vacation or short-term transient lodging and which contains three or more of the following: on-site laundry, restaurant, recreation facilities such as swimming pools, fishing ponds, bicycle paths, a recreation hall or club house, or other similar features and does not contain facilities for the sale or repair of recreational or other mobile vehicles of any kind or for the sale of parts or accessories for such vehicles.

      Effective on: 1/1/1901

      Recycling Center
      Recycling Center means a facility at which fabricated paper, glass, metal, and plastics are collected and bundled prior to shipment to end user.

      Effective on: 1/1/1901

      Regional Commercial
      Regional Commercial means a large commercial development that offers services and products at a scale and function to serve a regional market. Regional market pertains to a broad geographic area rather than a single jurisdiction.

      Effective on: 1/1/1901

      Repair-Oriented Uses
      Repair-Oriented Uses means a use category containing stores that offer repair of consumer goods (excluding those repair services listed in vehicle sales and services), including, but not limited to: appliances, bicycles, clocks, clothing, electronics, jewelry, lawnmowers, locks and keys, musical instruments, office equipment, shoes, and watches. 

      Effective on: 1/1/1901

      Replacement Oil or Gas Well
      Replacement Oil or Gas Well means an oil or gas well drilled so the well and its housing and other appurtenances are in the same place on the site plan and so located on the property as the well it is meant to replace. "To replace" means that a well has been operating until the time that the work to replace it is commenced. Work to install a new well where an inoperative well exists is not replacement.

      Effective on: 1/1/1901

      Residential Property
      Residential Property means property on which structures occupied exclusively for residential uses are built. Residential uses shall include a private garage, domestic storage, and customary home occupations conducted in the dwelling by occupants.

      Effective on: 1/1/1901

      Residential Proximity Slope Line
      Residential Proximity Slope Line means a line that describes a relationship between non-residential setbacks where the non-residential building exceeds the height of the adjacent residential building from which the non-commercial building is required to setback.

      Effective on: 1/1/1901

      Restaurants, Drive-Through or Drive-In
      Restaurants, Drive-Through or Drive-In means an establishment in which food or drink is served to customers inside or within automobiles outside of the confines of the building and/or where the consumption of such food or drink is intended to occur either on or off the premises.

      Effective on: 1/1/1901

      Resubdivision
      Resubdivision means the division or alteration of a tract or parcel of an existing subdivision, except lot consolidation and lot line adjustment.

      Effective on: 1/1/1901

      Resubmitted
      Resubmitted means placed on the Planning and Zoning Commission's posted agenda or forwarded to the Planning Director for final approval, which may occur only after the city has determined that a response that satisfies each condition for the conditional approval or remedies each reason for disapproval is provided.

      Effective on: 1/1/1901

      Retail
      Retail means the activity of offering to sell or rent, or to sell or rent merchandise to a consumer who buys or rents the merchandise as the ultimate consumer or end user, being the last person in the chain of distribution, for personal consumption or use and not for further sale or rent. This term includes "general retail," "big box," "small discount box," and "grocery stores."

      Effective on: 1/1/1901

      Retail Repair, Sales, and Service Uses
      Retail Repair, Sales, and Service Uses means a commercial use category characterized by companies or individuals involved in the sale, lease, or rental of new or used products, or providing personal services or repair services to the general public. Primary and accessory uses included in this use category can be found in Subsec. 2.32-5, Commercial Use Categories. 

      Effective on: 1/1/1901

      Retention Facility
      Retention Facility means an excavated area that is designed by a professional engineer to capture and store stormwater on a permanent or semi-permanent basis, often indefinitely with the exception of the water volume lost to evaporation or absorption into the soils. Retention facilities, which are often called "wet ponds" or "retention ponds", are not the same as detention facilities which are designed to hold water temporarily and release their volume completely after or during the peak of the storm event.

      Effective on: 1/1/1901

      Roof Pitch
      Roof Pitch means a roof having a slope or pitch determined by rise over run in the direction of the slope or pitch of the roof, 1:4 slope for example.

      Effective on: 1/1/1901

      Sales-Oriented Uses
      Sales-Oriented Uses means a subset of uses in the Retail Repair, Sales, and Service use category that is engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.  

      Effective on: 1/1/1901

      Sandblasting
      Sandblasting means a facility that roughens or cleans (a surface) with a jet of sand driven by compressed air or steam.

      Effective on: 1/1/1901

      S
      School, Private, Public, or Denominational means an institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, art schools, and other similar schools.

      Effective on: 1/1/1901

      Screening
      Screening means an opaque separation between proprieties made of any combination of the following: six-foot-high berm, wall or fence, or evergreen shrubs.

      Effective on: 1/1/1901

      Secondary Building(s)
      Secondary Building(s) means a structure that is developed in the project area but does not have direct street frontage to the adjacent street due to a primary building that has been constructed along the street frontage.

      Effective on: 1/1/1901

      Secondary Entrance(s)
      Secondary Entrance(s) means ingress and egress point(s) of a building or suite, which is designed for pedestrians, that is not the primary entrance(s).

      Effective on: 1/1/1901

      Semi-Trailer Truck
      Semi-Trailer Truck means a combination of a tractor unit and one or more semi-trailers that carries freight. A semi-trailer is a trailer without a front axle. When attached, the semi-trailer is supported at its forward end by the fifth wheel device of the truck tractor.  

      Effective on: 1/1/1901

      Senior, Community, or Youth Center
      Senior, Community, or Youth Center means a building or group of buildings for a community's educational and recreational activities for seniors, community members, or youths.

      Effective on: 1/1/1901

      Service Area
      Service Area means the area within the corporate boundaries and extraterritorial jurisdiction to be served by the capital improvements or facilities expansions specified in the capital improvements plan.

      Effective on: 1/1/1901

      Service-Oriented Uses
      Service-Oriented Uses means a subset of uses in the Retail Repair, Sales, and Service Use Category that provides non-medical services that are generally needed on a recurring basis, not including Vehicle Sales and Service, and generally require one-to-one interaction between the proprietor or employee and the customer in order to provide the service.

      Effective on: 1/1/1901

      Service Units
      Service Units means a standardized measure of consumption of water and wastewater systems capacity which is equal to the average flow rate for a single unit dwelling unit in the city.

      Effective on: 1/1/1901

      Setback
      Setback means the unobstructed, unoccupied open space between a structure and the property line of the lot on which the structure is located. Setbacks are unobstructed open space from the ground to the sky and measured as the horizontal distance between a property line and the furthermost projection of the structure, except in cases in which parking is allowed.

      Effective on: 1/1/1901

      Sewer Lines
      Sewer Lines means sewer mains, laterals, sanitary sewers, lift stations, and pump stations located in public streets and easements.

      Effective on: 1/1/1901

      Sexually-Oriented Business
      Sexually-Oriented Business means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise where the primary business is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

      Effective on: 1/1/1901

      Shade Tree
      Shade Tree means any self-supporting woody plant with one well-defined trunk and a distinct definite formed crown.

      Effective on: 1/1/1901

      Shopfront Space
      Shopfront Space means the interior area located on the ground floor or street level of a commercial building, immediately inside the entryway and along the front facade, typically configured as a shopfront frontage including one or more display windows.  Where designated in the ULDC, this space may have a more limited list of permitted uses than the rest of the building.

      Effective on: 1/1/1901

      Short-Term Rental
      Short-Term Rental means a residential dwelling unit(s) that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days.

      Effective on: 1/1/1901

      Shrub
      Shrub means a woody perennial plant differing from a perennial herb by its more woody stem and from a tree by its low stature and habit of branching from the base.

      Effective on: 1/1/1901

      Sidewalk Clear Zone
      Sidewalk Clear Zone means the portion of a sidewalk that must remain clear of obstructions (furniture, signage, trees, lighting, etc.) to allow for unimpeded public passage.  

      Effective on: 1/1/1901

      Sign, A-Frame Sidewalk
      Sign, A-Frame Sidewalk means a freestanding sign which is ordinarily in the shape of an “A” or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition of T-frame signs. 

      Effective on: 1/1/1901

      Sign, Attached
      Sign, Attached means any sign affixed to, applied on, or supported by any part of a building. For the purposes of this ordinance, attached signs shall include awning signs, canopy signs, projecting signs, blade signs, wall signs, and window signs.  

      Effective on: 1/1/1901

      Sign, Awning
      Sign, Awning means a permanent sign that is directly applied, attached, or painted onto an awning, which is a projection, shelter, or structure of canvas, metal, wood, or other similar approved material that covers a pedestrian walkway and is intended for protection from the weather or as a decorative architectural feature.  

      Effective on: 1/1/1901

      Sign, Banner
      Sign, Banner means a temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Where a banner sign is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a temporary “yard sign.”  

      Effective on: 1/1/1901

      Sign, Blade
      Sign, Blade means the same as projecting sign.   

      Effective on: 1/1/1901

      Sign, Canopy
      Sign, Canopy means a permanent sign that is applied, attached, painted, or affixed on a canopy or other roof-like cover over gasoline fuel pumps, vacuum area at car detail facilities, drive-through ATMs (when the structure is not attached to the machine), or other areas where services are provided to a patron in a vehicle of which the structure is intended for protection from the weather or as a decorative embellishment. 

      Effective on: 1/1/1901

      Sign, Changeable Copy
      Sign, Changeable Copy means a sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. See also the definition of “manual changeable copy sign” and “electronic message center.” 

      Effective on: 1/1/1901

      Sign, Drive-Through
      Sign, Drive-Through means any permanent signage allocated along a drive-through lane that is oriented toward the customer or user in the drive-through lane.      

      Effective on: 1/1/1901

      Sign, Driveway
      Sign, Driveway means a small permanent sign located near driveway access points and/or at the intersection of internal access drives. 

      Effective on: 1/1/1901

      Sign, Freestanding
      Sign, Freestanding means any sign supported upon the ground by a monument, pedestal, pole, bracing, or other permanent measure and not attached to any building or other structure. 

      Effective on: 1/1/1901

      Sign, Human Directional
      Sign, Human Directional means any hand-carried or held sign, symbol, or display on persons visible from the public right-of-way, which may include persons dressed in costume. Also known as “sign spinners.”      

       
       
       
       

      Effective on: 1/1/1901

      Sign, Illuminated
      Sign, Illuminated means any sign that has characters, letters, figures, designs, or outlines illuminated externally or internally by any light source other than non-reflected natural daylight. 

      Effective on: 1/1/1901

      Sign, Inflatable
      Sign, Inflatable means a temporary sign manufactured of plastic, cloth, canvas, or other light fabric and inflated with air. See also “wind device.”          

       
       
       
       

      Effective on: 1/1/1901

      Sign, Monument
      Sign, Monument means a permanent freestanding sign, not attached to a building, that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base independent of the principle building or structure, and is generally used to identify the name of a business or businesses and/or development on the property.     

       

       

       

      Effective on: 1/1/1901

      Sign, Neglected
      Sign, Neglected means a sign that has rust, loose parts, or damage as in missing panels, burned out lights, missing letters or characters, faded from its original color, or supports or framework with missing parts and is generally not maintained. See also “dilapidated.” 

      Effective on: 1/1/1901

      Sign, Permanent
      Sign, Permanent means a sign permitted by this ordinance to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground and that is constructed of rigid, non-flexible materials. 

      Effective on: 1/1/1901

      Sign, Pole
      Sign, Pole means a freestanding sign, which is constructed on a vertical framework consisting of one upright support, secured in the ground.  

      Effective on: 1/1/1901

      Sign, Portable
      Sign, Portable any sign not permanently attached to the ground or to a building, which is designed to be easily transported or conveyed to different locations. This term includes, but is not limited to, signs on wheels or affixed to trailers or skids, tent signs. This definition shall not include any temporary sign allowed in ​​​​​​​Sec. 3.65, Temporary Signage

      Effective on: 1/1/1901

      Sign, Prohibited
      Sign, Prohibited means signs that do not comply with this or other applicable ordinances. Signs that are otherwise not allowed within City boundaries.  

      Effective on: 1/1/1901

      Sign, Projecting
      Sign, Projecting means a permanent attached sign that is wholly or partially dependent upon a building for support and extends from said building, generally at a right angle in accordance with Division 3.6, Signs

      Effective on: 1/1/1901

      Sign, Pylon
      Sign, Pylon means a permanent freestanding sign that has two or more supports and is permanently affixed to the ground by such supports, but not having the appearance of a solid base.        

      Effective on: 1/1/1901

      Sign, Revolving
      Sign, Revolving means a sign that turns, spins, partially revolves, or completely revolves 360 degrees on an axis.  

      Effective on: 1/1/1901

      Sign, Roof
      Sign, Roof means a sign mounted on and supported by the roof portion of a building, above the uppermost edge of a parapet wall and is supported by the building, or a sign that is painted directly upon the roof or top of a building. 

      Effective on: 1/1/1901

      Sign, Sidewalk
      Sign, Sidewalk means a temporary sign that may be placed outside, during business hours, in accordance with this ordinance and all other applicable ordinances and resolutions. See definition of “T-frame sidewalk sign” and “A-frame sidewalk sign.” 

      Effective on: 1/1/1901

      ign, Subdivision or Development
      Sign, Subdivision or Development means a freestanding sign, a sign mounted to a screening wall or fence, ow a sign engraved into a masonry facade located at the entrance of a subdivision or other development as allowed in this ULDC.  

      Effective on: 1/1/1901

      Sign, Temporary
      Sign, Temporary means a sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis, and/or is intended for a limited period of display 

      Effective on: 1/1/1901

      Sign, T-Frame Sidewalk
      Sign, T-Frame Sidewalk means a temporary sidewalk sign which is ordinarily in the shape of an upside down “T” or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition for A-frame sidewalk signs. 

      Effective on: 1/1/1901

      Sign, Wall
      Sign, Wall means a permanent sign attached directly to an exterior wall of a building and which does not extend at a distance from the wall nor above the roof line or beyond the limits of the outside wall in accordance with Division 3.6, Signs, with the exposed face of the sign in a plane parallel to the building wall.  Murals and other painted signs are considered wall signs pursuant to this ULDC.     

      Effective on: 1/1/1901

      Sign Window
      Sign Window means any sign that is applied to the interior or exterior of a window or door, or a sign located near a window or door within a building, for the purpose of being visible and read from the outside of the building. 

      Effective on: 1/1/1901

      Sign, Yard
      Sign, Yard means any temporary sign placed on the ground or attached to a supporting structure, posts, or poles, that is not attached to any building. 

      Effective on: 1/1/1901

      Sign
      Sign means any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a window or doorway that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images. 

      Effective on: 1/1/1901

      Sign Area
      Sign Area means the entire display area of a sign including the advertising surface located on one or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to Division 3.6, Signs

      Effective on: 1/1/1901

      Sign Copy
      Sign Copy means those letters, numerals, and figures, symbols, logos, and graphic elements comprising the content or message of a sign. 

      Effective on: 1/1/1901

      Sign Face
      Sign Face means the surface of the sign upon, against or through which the message of the sign is exhibited.

      Effective on: 1/1/1901

      Sign Height
      Sign Height means the vertical distance of a sign, from top to bottom, as measured in accordance with Division 3.6, Signs.  

      Effective on: 1/1/1901

      Sign Structure
      Sign Structure means any structure that supports, has supported or is capable of supporting a sign, including decorative cover. 

      Effective on: 1/1/1901

      Static or Instant Message Change
      Static or Instant Message Change means on electronic message centers, a static or instant message change is when one message changes to another message instantly without scrolling, flashing, or other movement of the message.  

      Effective on: 1/1/1901

      Slaughterhouse
      Slaughterhouse means any establishment within the city in which cattle, sheep, swine, goats, or any such animals are slaughtered for meat for human consumption. The term includes stockyards and all other operations and facilities necessary, useful, or incidental to such abattoir or slaughterhouse.

      Effective on: 1/1/1901

      Small Box Retail
      Small Box Retail means a single retail establishment consisting of 12,000 square feet or less of gross floor area, offering for sale an assortment of general merchandise directly to the consumer. Such merchandise may include, but not be limited to, food and beverage for off-premises consumption, processed foods, household products, personal grooming and health products, clothing, and other consumer goods. This term does not include a retail establishment providing a prescription pharmacy, gasoline or diesel fuel, specialty gifts, or food and beverage items intended for on-premises consumption.

      Effective on: 1/1/1901

      Small Tree
      Small Tree means a type of tree that, under normal growth conditions, that reaches a mature height between 20 and 40 feet. A tree that, at the time of planting, is at least six feet tall above grade and has a minimum caliper of two inches.

      Effective on: 1/1/1901

      Solar Energy Facility
      Solar Energy Facility means a device or combination of devices that use direct sunlight as a source of energy for the non-commercial direct use of the structure on the same lot with the system. Examples include photovoltaic systems, a solar hot water heater, solar panels, or a south-facing window.

      Effective on: 1/1/1901

      Solar Panel Array
      Solar Panel Array means a method of generating electrical power by converting solar radiation into direct current electricity using semiconductors that exhibit the photovoltaic effect. Photovoltaic power generation employs a solar panel array that is composed of a number of solar cells containing a photovoltaic material. 

      Effective on: 1/1/1901

      Spire
      Spire means a structure or formation, such as a steeple, that tapers to a point at the top.

      Effective on: 1/1/1901

      Sports Court
      Sports Court means a space, indoor or outdoor, design used, and maintained for basketball, racquetball, shuffleboard, or other similar sports that use a court.

      Effective on: 1/1/1901

      Stable
      Stable means a building in which horses are sheltered and maintained as an accessory use to a principal residential use on the same lot.

      Effective on: 1/1/1901

      Stadium, Running Track, or Ball Field
      Stadium, Running Track, or Ball Field means a large usually roofless building with tiers of seats for spectators at public entertainments or athletic events.

      Effective on: 1/1/1901

      Stone
      Stone means naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all weather stone that is customarily used in exterior building construction. This includes cast or manufactured stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance free. Natural or manmade stone shall have a minimum thickness of two and five-eighths inches when applied as a veneer.

      Effective on: 1/1/1901

      Storage Building
      Storage Building means an accessory structure used for materials, equipment, and vehicles that are "in transit" or not in use.

      Effective on: 1/1/1901

      Street (Public Realm)
      Street (Public Realm) means the space between fronting façades or build-to zones, including streets, plazas, squares, greens, sidewalks, dooryards, and parks—but not within alleys or service drives.  

      Effective on: 1/1/1901

      Streetscape
      Streetscape means the landscaping along the property adjacent to the street rights-of-way as required to be landscaped pursuant to this article.

      Effective on: 1/1/1901

      Structure
      Structure means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Also see definition for Building.   

      Effective on: 1/1/1901

      Stucco
      Stucco means conventional three-step hard coat stucco with a minimum thickness of seven-eighths-inch.

      Effective on: 1/1/1901

      Studio
      Studio means a workshop, work place, or work room for a person doing crafts, photography, woodworking, painting textiles for personal pleasure, or production on a very small scale.

      Effective on: 1/1/1901

      Subdivision
      Subdivision means a division of a tract or parcel of land within the limits or in the extraterritorial jurisdiction of the City into two or more parts to lay out a subdivision of the tract, including an addition to the city, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owner of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts. A subdivision includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey or by using any other method. The term "subdivision" includes a re-subdivision (replat) but does not include the following:

      1. A.
        A division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated as described above;
      2. B.
        A division of land owned by the city;
      3. C.
        A division of land created solely by the city's acquisition of a portion thereof; or
      4. D.
        A division of land created by order of a court of competent jurisdiction.

      Effective on: 1/1/1901

      Subdivision Plat
      Subdivision Plat means a plat of a tract of land that does not qualify for a small subdivision, minor plat, or minor replat, and requires extension of municipal facilities to serve the tract, and its proposed development.

      Effective on: 1/1/1901

      Supply House
      Supply House means an establishment at which wholesale customers or persons directly representing industry may purchase industrial supplies at wholesale or where such items are repaired or serviced. These establishments do not have retail customers. This use is not the same as Industrial and Manufacturing Product Sales and Supply

      Effective on: 1/1/1901

      Tiny House
      Tiny House means a single-unit detached home that is 400 square feet or less in floor areas, excluding lofts, that can be site-built, partially site-built, or on an approved trailer.  

      Effective on: 1/1/1901

      Tire Sales
      Tire Sales means a lot on which the principal business is the sale or installation of new, used, or retread tires and tubes.

      Effective on: 1/1/1901

      Towing Yard
      Towing Yard means a garage, parking lot, or other facility that:

      1. A.
        Is owned by a person other than a governmental entity; and
      2. B.
        Has the capacity to store or park at least ten vehicles each year.

      Effective on: 1/1/1901

      Transition Buffer Zone
      Transition Buffer Zone means an area, that extends inward from the property line of a site, and protects land uses consisting of ground cover and trees.

      Effective on: 1/1/1901

      Transitional Housing
      Transitional Housing means shelter provided to the homeless for an extended period, often as long as 18 months and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.

      Effective on: 1/1/1901

      Travel Center
      Travel Center means a facility associated with the refueling of domestic and commercial vehicles, including the retail sale of food and beverages, limited service restaurants, and general merchandise. A travel center does not include a truck stop or a facility associated with commercial vehicle washing and/or repairs of any vehicle type, showering, laundry, temporary sleeping, and/or overnight parking. This use may also be referred to as a travel plaza.

      Effective on: 1/1/1901

      (
      (Ordinance No. 16,024, 12/12/2024)

      Effective on: 1/1/2025

      Tree
      Tree means any self-supporting woody plant with one well-defined trunk two inches in diameter or greater.

      Effective on: 1/1/1901

      Tree Lawn
      Tree Lawn means a continuous strip of soil area—typically covered with bridging pavement, tree grates, porous pavers, or grass and other vegetation—located between the back of curb and the sidewalk clear zone, and used for planting street trees and configured to foster healthy street tree root systems. Also referred to as tree trench or planting strip.  

      Effective on: 1/1/1901

      Truck Parking Lot
      Truck Parking Lot means surface lots with no other use taking place on the property designed and built for large trucks such as semi-trailer trucks that are designed to move large quantities of goods.  This definition includes a parking lot or parking garage.

      Effective on: 1/1/1901

      Truck Sales, Service, Rental, and Repair
      Truck Sales, Service, Rental, and Repair means and includes a structure(s) and associated real property used for the sale, rental, and repair of new or used trucks.

      Effective on: 1/1/1901

      Truck Stop
      Truck Stop means a facility primarily for parking, refueling, washing and/or minor repair of commercial vehicles, and may include retail sales of food, beverages, and/or other items, full-service restaurant(s), restroom/shower facilities, and/or temporary sleeping quarters. This use may also be referred to as transport stop or truck service/filling station; however, a truck stop does not include a travel center.

      Effective on: 1/1/1901

      Truck Terminal
      Truck Terminal means an area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment. Includes rail to truck, truck to truck and dock to truck.

      Effective on: 1/1/1901

      ULDC
      ULDC means this Unified Land Development Code.

      Effective on: 1/1/1901

      Upper-Story Residential
      Upper-Story Residential means a self-contained housing unit that occupies only part of a building and is not located on the ground floor.

      Effective on: 1/1/1901

      Usable Open Space
      Usable Open Space means accessible hardscape or landscape areas, including, but not limited to, plazas, courtyards, pocket parks, and other publicly accessible amenities.

      Effective on: 1/1/1901

      Vegetative Buffer
      Vegetative Buffer means landscaped areas, trees, berms, or any combination thereof, which are used to physically and visually separate one use or property from an abutting property in order to mitigate the impacts of noise, light, or other nuisance.

      Effective on: 1/1/1901

      Vegetative Buffer Zone
      Vegetative Buffer Zone means an area, which extends inward from the property line of a site, provides protection between land uses, and contains plantings consisting of ground cover, shrubs, and trees.

      Effective on: 1/1/1901

      Vehicle and Boat Sales, Rental, and Leasing
      Vehicle and Boat Sales, Rental, and Leasing means and includes a structure(s) and associated real property used for the sale, rental, and leasing of new or used, operable vehicles, including, but not limited to, tractors, tractor-trailers or semi-trailer truck, recreational vehicles, buses, boats, and similar size vehicles/equipment. This definition includes showroom-only vehicle and boat sales that typically restrict activities to the display, demonstration, and sale of vehicles, often accompanied by associated services such as financing, vehicle customization, and customer consultation. 

      Effective on: 1/1/1901

      Vehicle, Commercial
      Vehicle, Commercial means a motor vehicle or combination of motor vehicles used to transport passengers or property that:

      1. A.
        Has a gross combination weight rating of 26,001 or more pounds including a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
      2. B.
        Has a gross vehicle weight rating of 26,001 or more pounds; or
      3. C.
        Is transporting hazardous materials and is required to be placarded under 49 C.F.R., Part 172, Subpart F.

      Effective on: 1/1/1901

      Vehicle Fueling Station
      Vehicle Fueling Station means a site used for the retail sale of vehicle fuels and oils for domestic vehicles, pre-packaged food items, and limited merchandise. A vehicle fueling station is meant to include fueling for vehicles that use alternative fuels or a combination of conventional and alternative fuels like LPG, biofuels, and electric vehicle (EV) charging services. This use may also be referred to as a gas station, service station, filling station, or petrol station.

      Effective on: 1/1/1901

      Vehicle, Non-Commercial
      Vehicle, Non-Commercial means a motor vehicle, including a motorcycle, or other device in or by which a person or property is or may be transported or drawn on a public highway, but is otherwise not considered a commercial vehicle, farm vehicle, farm equipment, or farm implement.

      Effective on: 1/1/1901

      Vehicle Service and Repair
      Vehicle Service and Repair means a facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

      Effective on: 1/1/1901

      Vehicle Storage
      Vehicle Storage means a room, structure, or parking lot that is used to house or store vehicles. It includes structures, buildings, and rooms generally called garages, boathouses, and airplane hangars. This term excludes "parking commercial," "public service," "towing yards," "vehicle repair, major," "vehicle repair, minor," or "boat and RV storage."

      Effective on: 1/1/1901

      Vehicle Use Area
      Vehicle Use Area means an unenclosed area used by three or more vehicles of any type, including but not limited to automobiles, recreational vehicles, recreational equipment, or trailers, moving or at rest, including, but not limited to, parking lots, loading and unloading areas, stacking lanes, access and circulation drives, driveways, and parking aisles. 

      Effective on: 1/1/1901

      Veterinary Clinic or Veterinary Hospital
      Veterinary Clinic or Veterinary Hospital means a facility where a licensed veterinarian maintains treatment facilities for the boarding and medical or surgical treatment of diseased or injured animals such as dogs, cats, or other domesticated animals.

      Effective on: 1/1/1901

      Vocational and Trade School
      Vocational and Trade School means a specialized instructional school operating for or not for profit that provides on-site training of business, commercial, and/or trade skills.

      Effective on: 1/1/1901

      Wall
      Wall means a constructed solid barrier of concrete, stone, brick, tile, masonry, wood, or similar material that encloses, borders or decorates an area.

      Effective on: 1/1/1901

      Water Lines
      Water Lines means water mains, service lines, fire hydrants, and appurtenances located in public streets and public easements.

      Effective on: 1/1/1901

      Well
      Well means a hole or bore to any sand, formation, strata, or depth which is drilled, bored, sunk, dug, or put down for either exploring or for ascertaining the existence of any oil, gas, or liquid hydrocarbon to produce or recover and oil, gas, or liquid hydrocarbon.

      Effective on: 1/1/1901

      Wild Animal
      Wild Animal means any live animal, other than a common domestic species, regardless of the state or duration of captivity which can be normally found in the wild state, or may pose a potential physical or disease threat to the public or that is protected by international, federal, or state regulations, including, but not limited to, the following:

      1. A.
        Class Reptilia. Family Helodermatidae (venomous lizards); Family Viperidae (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other elapids); the following listed species of Family Colubridae Dispholidus typus (boomslang), Hydrodynastes gigas (water cobra), Boiga (mangrove snake), and Thelotomis (African twig snake) only; Order Ophidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocodilia (crocodiles, alligators, caimans, and gavials);
      2. B.
        Class Aves. Order Falconiformes (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order Strigiformes (such as owls); Order Passeriformes (songbirds);
      3. C.
        Class Mammalia. Order Camivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, lions, cheetahs, bobcats, lynx, servals, caracals and cougars), except commonly accepted domesticated cats; Family Hyaenidae (such as hyena); Family Canidae (such as wolves, wolf-dogs, hybrids, dingos, coyotes, and jackals), except domesticated dogs; Family Mustelidae (such as weasels, skunks, martins, minks, and badgers), except domesticated ferrets (Mustela putorius furo); Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos, wallabies and common opossums); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees, baboons, orangutans, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison, and camels), unless the Order Ungulata are located on premises which meet the definition of the farm/ranch; or any hybrid of an animal listed in this subdivision;
      4. D.
        Animals not listed. The Planning Director may declare any species of animal not listed in this subsection as "prohibited" if the confinement of the animal within the city can be shown to constitute a threat to public health and safety; and does not mean any bird kept in a cage or aviary that is not regulated by international, federal, or state law, or a gerbil, hamster, guinea pig, or laboratory mouse or rat.

      Effective on: 1/1/1901

      Wind Device
      Wind Device means any pennant, flag, streamer, spinner, balloon, feather sign, inflatable, or similar device made of cloth, canvas, plastic, or any flexible material designed to float or move freely.  

      Effective on: 1/1/1901

      Wine and Beer Retailer
      Wine and Beer Retailer means an establishment licensed by the state to sell ale, wine, and vinous liquors to consumers at retail on or from the licensed premises in unbroken original containers of not less than six ounces for off-premises consumption only and not for the purpose of resale.

      Effective on: 1/1/1901

      Wireless Telecommunications Facilities
      Wireless Telecommunications Facilities means facilities that are affixed to an existing structure (including buildings, water tanks, and communications towers) and consist of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and also means a broadcast tower.

      Effective on: 1/1/1901

      Working Days or Business Days
      Working Days or Business Days means weekdays that are not holidays celebrated by the City.

      Effective on: 1/1/1901

      Yard, Front
      Yard, Front means the area situated between the front building line and the front lot line extending the full width of the lot.

      Effective on: 1/1/1901

      Yard, Rear
      Yard, Rear means the area situated between the rear building line and a rear lot line and extending the full width of the lot.

      Effective on: 1/1/1901

      Yard, Side
      Yard, Side means the area situated between the side building line and a side lot line and extending from the front yard to the rear yard.

      Effective on: 1/1/1901