This chapter is adopted pursuant to the police powers of the City of Burnet and under the authority of the Constitution and general laws of the State of Texas, including particularly V.T.C.A., Local Government Code ch. 211.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

This chapter shall be known, and may be cited, as the Zoning Ordinance of the City of Burnet, Texas.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Purpose. The primary purposes of this chapter are to promote the public health, safety, morals and the general welfare of the city and it's present and future residents; provide reasonable regulations and requirements to protect, preserve, improve and provide for the public health, safety, morals and general welfare of the present and future citizens of the city; and to establish a framework of zoning guidelines and criteria which will provide for and support the development of a quality living and work environment by incorporating provisions requiring all future development and redevelopment to provide a compatible plan for residential, commercial and industrial uses, while providing reasonable protections for both the public and persons having an ownership interest in property affected by these regulations. This chapter should be administered and applied to result in development superior to that otherwise achievable and to promote the following purposes:

(a)

Assist the safe, orderly, healthful and coordinated development of the city;

(b)

Conserve existing and future neighborhoods;

(c)

Protect and conserve the value of real property throughout the community;

(d)

Conserve, develop, protect, and utilize natural resources, as appropriate and consistent with the public interest, to enhance the preservation of the environment;

(e)

Protect and preserve places and areas of historical and cultural importance and significance to the community;

(f)

Prevent the overcrowding of land and avoid undue concentration of population or land uses, thereby encouraging high quality development and innovative design;

(g)

Lessen congestion in the streets and provide convenient, safe and efficient circulation of vehicular and pedestrian traffic;

(h)

Facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, emergency and recreational facilities, and other public requirements;

(i)

Promote economic development through an efficient and practical means by which development will promote a prosperous economic environment;

(j)

Promote compatible residential, commercial and industrial uses to harmoniously relate future development and redevelopment to the existing community and facilitate the development of adjoining properties;

(k)

Standardize the procedure and requirements for zoning, building permits and certificates of occupancy to provide administrative efficiency and property owner rights; and

(l)

Provide the context for the appropriate reconciliation of any differences of interest among property owners, developers, neighborhoods and the city.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

The requirements of this chapter shall apply to all property within the city; provide for the implementation of the site development regulations; provide a voluntary guide for the development of property within the extraterritorial jurisdiction in order that such property may be developed in a manner consistent with neighboring areas and existing or planned infrastructure; and be construed and applied in a manner to give effect to the city master plan. This chapter has been made with reasonable consideration among other things, for the character of the district and its peculiar suitability for the particular uses specified, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with the city master plan. Nothing herein shall be construed to grant a "permanent" zoning.

(a)

The intent of this chapter is to supplement the minimum standards for the development of land within the city as contained in the city's subdivision ordinance, applicable building, plumbing and electrical codes, and city standard details and specifications. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. Such will produce a monotonous urban setting and is not encouraged.

(b)

Zoning districts in the city are renamed as shown in table 4.1 below. The new standards set forth in this Code for the renamed districts shall apply to all properties located within that specific zoning district.

(c)

Any legal nonconformity under the previous zoning regulations shall be a legal nonconformity under this chapter, as long as the situation that resulted in the nonconforming status under the previous zoning regulations continues to exist. If a nonconformity under the previous ordinances and regulations becomes conforming because of the adoption of this Code, then the situation shall no longer be treated as a nonconformity.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-34, § 2, 8-23-22)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means in this chapter. The word "regulations" means the provisions of any applicable ordinance, rule, regulation or policy. The word "person" means any human being or legal entity and includes a corporation, a partnership and an incorporated or unincorporated association. The words "used or occupied" as applied to any land or building shall be construed to include the words intended, arranged, or designed to be used or occupied. Any definition not expressly prescribed herein shall, until defined by ordinance, be construed in accordance with customary usage in municipal planning and engineering practices.

Access means a way of approaching or entering a property.

Accessory use means a use that is customarily a part of the principal use, a use which is clearly incidental, subordinate and secondary to the permitted use, and which does not change the character thereof. See: Accessory structure.

Accessory structure means, in a residential district, a subordinate building detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, bath or greenhouse as a hobby (no business), home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business or occupancy by any long-term or paying guests.

Adjacent means abutting and directly connected to or bordering.

Alcoholic beverages-off-premises means the standard use listing for a convenience store or similar facility where the sale of beer for off-premises consumption is an allowed use according to zoning standards.

Alcoholic beverages-on-premises means the standard use listing which will solely allow the serving of beer for on-premise consumption.

Alcoholic beverages-mixed drinks means the typical use listing which will allow the serving of alcoholic beverages for on-premise consumption as an incidental use where the gross revenue from the on-premise sales of alcoholic beverages is less than 75 percent of total gross revenue.

Alley means a minor right-of-way, dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.

All weather surface means a surface paved with concrete, asphalt, paving stones or other similar solid impervious surfaces (this includes such surfaces as pervious concrete). Compacted gravel, while meeting the Texas TDA requirements for accessibility standards, does not meet the requirements for an all weather surface.

Amortization means a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period.

Amusement (indoor) means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, including a bowling alley, billiard parlor, and similar activities.

Amusement (outdoor) means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including a golf driving range, archery range, miniature golf course and similar activities.

Annexation means the incorporation of land area into the city with a resulting change in the boundaries of the city.

Animal(s) means any animate being that is not a human.

Antique shop means a business that sells items whose value is greater than the original purchase price because of age or intrinsic value.

Apartment means a room or group of rooms used as a dwelling for one family unit that includes full kitchen facilities for the preparation of meals and cooking therein.

Apartment hotel means a building used or intended to be used as a home for 12 or more families, who are permanent residents, living independently of each other, in which building may be located on the first floor living units for transient guests, and/or retail sales and service.

Apartment house or apartment building or apartments means a building or portion thereof used or intended to be used as a home for five or more families or households living independently of each other and equipped for preparation of food.

Applicant means a person applying for zoning approval under this chapter.

Approval means the final approval in a series of required actions. For instance, the approval date of a planned unit development zoning application is the date of council approval of the final site plan.

Architectural harmony means all buildings on the same lot shall have similar design as the main structure.

Art studio or gallery means a building where objects of art are created or displayed for the public enrichment or where said art objects are displayed for sale, including the teaching of painting and/or sculpting.

Assisted-retirement living means a use providing 24-hour supervision and assisted living for more than 15 residents not requiring regular ongoing medical attention. This classification includes personal care homes for the physically impaired, and persons 60 years of age or older.

Attendant building means a building used to house the work place of the manager or attendant of a public or private parking lot.

Attendant documents means materials needed to address the specific requirements of this chapter, which the applicant feels necessary to explain the submittal.

Auto repair (major) means a business specializing in major repair of motor vehicles entirely within an enclosed building, including any use listed below, as well as any use not listed as minor vehicle servicing.

(1)

Auto glass, seat cover and muffler shop;

(2)

Auto painting or body rebuilding shop;

(3)

Tire retreading and capping;

(4)

Body, fender, clutch, transmission, differential, axle, spring and frame repairs;

(5)

Major overhauling of engines requiring removal there from of cylinder head or crankcase pan and any associated engine rebuilding;

(6)

Repair of radiator requiring removal from the vehicle;

(7)

Repair of truck, trailer, farm or industrial equipment, or other machinery/supplies;

(8)

Brake work, other than minor maintenance such as disc pad replacement and minor brake adjustment.

Auto repair (minor) means a business specializing in minor, routine, periodic, preventive maintenance of a motor vehicle conducted entirely within an enclosed building, including the following:

(1)

Servicing of spark plugs, batteries, distributors and distributor parts and including minor engine tune-ups;

(2)

Tire servicing and flat repair but not recapping or regrooving;

(3)

Radiator cleaning and flushing (on vehicle);

(4)

Fuel pump, oil pump and related maintenance;

(5)

Minor servicing of carburetors;

(6)

Emergency wiring repairs;

(7)

Minor motor adjustment not involving removal of head or crankcase;

(8)

Quick oil and filter change;

(9)

Servicing hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat belts, windshield wipers, mirrors, and installation of vehicle accessories such as radios;

(10)

Lubrication, greasing and washing;

(11)

Disc pad replacement and minor brake adjustment.

Auto sales (outdoor) means an open, dust-free, all weather area, other than a street, alley or other public place, used for the display and sales of new or used automobiles. Where no repair work, except those actions normally associated with vehicle operator service, is done on the cars to be displayed and sold on the premises. A sales office is normally located on the premises and such shall be limited to an area less than ten percent of the total sales lot.

Auto sales facility means one or more buildings and an open, dust-free, all weather surface other than a street, alley, or other public place, used for the display, wholesale or retail sale, with repair and renovation authorized entirely within an enclosed building, and temporary storage of vehicles for repairs or renovation not to exceed 90 days.

Bar means any business establishment required to have a state license for the sale of alcoholic beverages other than beer, for on-premises consumption.

Bed and breakfast means an establishment used by the record owner of the property and who is also a resident of the property, with not more than seven rooms for let, engaged in providing rooms or groups of rooms, for compensation, for temporary lodging for overnight transient or prearranged guests for definite periods. Where hot meals are provided and served on-site per day and included in the lodging rate charged. Where lodging of guests is for periods of less than 30 days. Bed and breakfasts shall be classified as a lodging facility. Bed and breakfasts shall not be classified as a home-based business.

Billboard means a sign advertising products not made, sold, used or served on the premises displaying such sign.

Block means an area enclosed by streets, normally to be divided into lots to be occupied by or intended for buildings; or if the same word is used as a term of measurement, it shall mean the distance along one side of a street between the nearest two streets which intersect said street on said side.

Board means the Board of Adjustments of the City of Burnet, Texas.

Board of adjustments means a committee appointed by the council to consider appeals from certain administrative actions pursuant to V.T.C.A., Local Government Code § 211.008 and that is given the authority set forth in this chapter and in V.T.C.A., Local Government Code § 211.009.

Boundary agreement means that certain written instrument recorded in the Public Records of Burnet County as Document No. 2014086.

Buffer means an area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms and/or fences, and designed to limit views and sound from the site to adjacent properties and vice versa.

Building means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building area means the gross area covered by a structure when placed on the lot.

Building footprint means the foundation, base or support of a building or structure.

Building ordinance means the building codes and related ordinances of the city providing standards, requirements and regulations for site development and the construction and erection of buildings and structures within the city, including, but not limited to, the electrical code, plumbing code, building code and minimum housing code, adopted by the city council from time to time.

Building permit means a permit issued by the city which is required prior to commencing construction or reconstruction of any structure.

Building plot means the land, lot, lots or tract of land upon which a building or buildings are located, or upon which they are to be constructed, including yards.

Building setback line means a line or lines designating the interior limit of the area of a lot within which the building footprint of structures may be erected. The building lines generally provide the boundaries of the buildable area of any given lot and no structure or building may be erected between a building and the corresponding lot line.

Cafe or cafeteria means a commercial establishment where snacks or meals are vended for consumption indoors or on the premises.

Carport means an accessory structure with one or more sides, covered with a roof and constructed specifically for the storage of one or more motor vehicles, being not more than 1,000 square feet. A carport is not an accessory structure if built as an integral part of the original primary structure having an indistinguishable, continuous roof structure.

Caliper means the trunk diameter of a tree at three feet above natural grade.

Cemetery means land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums, columbariums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Burial outside of human remains outside of a cemetery shall be prohibited except those authorized with a conditional use permit.

Centerline of a waterway means the centerline of the waterway and refers to existing topographically defined channels. If not readily discernible, the centerline shall be determined by (first) the low flow line, or (second) the center of the two-year floodplain.

Child care center (small) means a private residence where the occupant provides custodial care and supervision during daylight hours for a maximum six children at any one time. The maximum of six children includes the family's natural or adopted children under the age of 14. The residence must contain a minimum 150 square feet of floor area for each child. This use shall exclude a family/group home.

Child care center (intermediate) means a facility (including nonresidential structures) which provides custodial care and supervision for less than 24 hours a day for between seven and 12 children, excluding foster and group homes. The facility must contain a minimum 150 square feet of floor area for each child.

Child care center (large) means a facility where over 12 children receive custodial care and supervision for less than 24 hours a day, excluding foster and group homes.

Child care or child development facilities means any children's home, orphanage, institution, private home, residence or other place, whether public, parochial or private, operated for profit or not, which keeps, cares for, has custody of or is attended by four or more children under 16 years of age at any one time, who are not members of the immediate family or any natural person operating any such place, during any part or all of the 24 hours in a day. Also, any institution, home or other place, whether public, parochial or private, conducted for profit or not, which keeps, cares for, has custody of or is attended by any number of children, under 16 years of age, who are not members of the immediate family of any natural person operating such a place, who are mentally or physically handicapped, under medical or social supervision, and not within a hospital, 24 hours a day.

Church or rectory means a place of worship and religious training of recognized religions including on site housing of ministers, rabbis, priests, nuns and similar staff personnel.

City means the City of Burnet, Texas.

City manager means the chief administrative officer designated by city council, or his designee.

City building official or building official means the designated building official for the city or his or her designated representative

City council or council means the city council of the city.

City engineer means the city engineer for the city or his or her designated representative.

City limits or within the city means the, or within the, incorporated boundaries of the city.

City staff means the officers, employees and agents of the city assigned and designated from time to time by the city administrator and/or council, including but not limited to the city engineer, to review, comment and/or report on zoning applications.

City standard details and specifications means a library of city approved drawings and technical data representing typical drainage, transportation, erosion and sedimentation control, and utility appurtenances to be constructed for city acceptance.

Cleaning or laundry self service shop means an establishment providing customers with self-service laundry and/or dry cleaning facilities, and does not a include a commercial laundry or cleaning plant.

Cleaning shop or laundry (small) means a custom cleaning shop not exceeding 2,500 square feet of floor area.

Clinic means a public or private station or establishment for the examination and treatment of outpatients by an individual or group of doctors, dentists, opticians, veterinarians, or other similar medical professionals.

Clothing manufacture means cutting, sewing and forming garments, millinery and accessories, when no noise, dust, vibration, odor or other undesirable or obnoxious condition is created to affect adjacent property.

Club. See: Social club.

Cold storage plant means a commercial establishment where food or other commodities are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or to commercial businesses. No slaughtering of animals or fowl is allowed on the premises.

College or university means an academic institution of higher learning, accredited or recognized by the state and offering a program or series of programs of academic study.

Commercial amusement (indoors) means an enterprise conducted solely within one or more buildings or permanently enclosed area whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gate for the activity, including the following activities and activities of the same or closely similar nature. Commercial amusements (indoors) include zoos, carnivals, expositions, miniature golf courses, arcades, fairs, exhibitions, athletic contests, rodeos, children's rides, skating rinks, ice rinks, traveling shows, bowling alleys, and pool parlors, and similar enterprises.

Commercial amusement (outdoors) means any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the gate for the activity, including the following activities and activities of the same or closely similar nature. Commercial amusements (outdoors) include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, traveling shows and similar enterprises.

Commercial vehicles means any vehicle having axle or gross weight limit as established by V.T.C.A., Transportation Code § 621.101 that is not a passenger car or light pickup truck.

Commission means the planning and zoning commission of the city.

Common area means privately owned land and improvements within a townhouse, condominium, planned development, or community unit development including buildings, common open space, central services and utilities, streets, walks, parking areas, fencing and screening walls, landscaping, and any other elements and facilities under common ownership and available for the use of all owners or tenants.

Common open space means that portion of the common area which is designated for outdoor recreation area, private park, play lot, plaza, athletic court, swimming pool, fountain, stream or pond, ornamental landscaping or natural vegetation offering visual amenity, and which is open to general view and conveniently accessible to pedestrians within the project.

Communication services means an establishment engaged in providing broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, and photocopy and reproduction mechanisms (excludes broadcast towers).

Community center (public) means a building and grounds owned or leased and operated by a governmental body for the social, recreational, health or welfare of the community served.

Community center (private) means a recreational facility, including both indoor and outdoor facilities, for use by residents and guests of a particular residential community development, subdivision, planned unit development, or membership group.

Compounding or fabrication (light) means the making of jewelry, compounding of perfume, small instruments or pharmaceuticals, and similar work or processes.

Comprehensive or master plan means the comprehensive plan of the city and adjoining areas adopted by the commission and approved by the city council, including all its revisions as defined by V.T.C.A., Local Government Code ch. 219. The plan may indicate the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements, to include detailed plans for water and sewer facilities. Such plan is the overall development plan for the community adopted to provide long-range development policies and may include all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. The comprehensive or master plan does not constitute zoning regulations or establish zoning district boundaries.

Conditional use means an additional use which may be permitted in a district, subject to meeting certain conditions or procedures established by the city council. No conditional use shall be permitted in any location where it will be inconsistent with the existing adjacent and nearby uses.

Condominium means a building or group of buildings in which dwelling units are owned individually, while the structure and common areas and facilities are owned by all the owners on a proportional, individual basis in compliance with the Texas Uniform Condominium Act, Chapt. 82, Tex. Prop. Code, with individual apartments or units having a minimum of 700 square feet living area, inclusive of separate sleeping, living and kitchen facilities.

Construction plans means the maps, drawings, plans and specifications indicating the proposed location and design of improvements to be installed as part of a development and sealed by a licensed professional engineer or architect when required by the building codes of the city.

Contiguous means adjacent property whose property lines are separated by only a street, alley, easement, right-of-way or buffer.

Convalescent home means any structure used or occupied by three or more persons recovering from illness or being provided geriatric care for compensation.

Convenience store means a retail establishment of less than 2,500 square feet of total floor area selling a variety of consumables, notions and/or similar items, usually serving as a convenient outlet to a neighborhood. This activity can include the retail sale and self-service dispensing of gasoline or other fuels in appropriate zoning districts. The sale of beer for off-premises consumption is allowed in specific districts, with a conditional use permit.

Corner lot means a lot located at the intersection of and abutting on two or more streets.

Country club means an area of 20 acres or more containing a golf course and a clubhouse and available only to private specific membership, such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

County means Burnet County, Texas.

County appraisal district means the Burnet County Appraisal District.

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other open space.

Critical root zone means a circular area around a significant tree equal to one foot in radius for each one-inch caliper, and the center of the circular area located at the trunk.

Cultural services means a library, museum, or similar registered nonprofit organizational use displaying, preserving, and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

Day camp means a facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

Developer means the legal owner of land to be improved and/or subdivided or his/her authorized representative.

Developed area means that portion of a lot, easement, or parcel upon which a building, structure, pavement or other improvements have been placed.

Development means the construction or placement of any buildings, utilities, access, roads or other structures, excavation, mining, dredging, grading, filling, clearing or removing vegetation, or the deposit of refuse, waste or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces, and ranching and farming shall not constitute development. Utility, drainage, and street repair, and any construction maintenance and installation which does not require land disturbance or result in additional impervious cover, shall also not constitute development.

District means a zoned section or sections of the city for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dormitory means any structure specifically designed to house student tenants associated with a university, college or school.

Double frontage lot. See: Reverse frontage lot.

Drainageway. See: Waterway.

Drive approach means a paved surface connecting the street to a lot line.

Drive-in eating establishment means any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption either indoors or in a vehicle parked on the premises, or to be taken away for consumption at other places.

Driveway means the surface connecting a drive approach with a parking space, parking lot, loading dock or garage. Properties of less than two acres shall construct driveways of concrete, asphalt or similar material. Properties of more than two acres shall pave the driveway with all weather surface.

Dwelling (four-family) or fourplex means a detached building designed and constructed with four separate living units under a single roof for occupancy by four families.

Dwelling (multiple-family) means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as five or more dwelling units or apartments or which is occupied as a home or residence of five or more families.

Dwelling (single-family) means a detached building having accommodations for occupancy by not more than one family.

Dwelling (three-family) or triplex means a detached building designed and constructed with three separate living units under a single roof for occupancy by three families.

Dwelling (two-family) or duplex means a detached building designed and constructed with two separate living units under a single roof for occupancy by two families.

Dwelling unit means a building or portion of a building arranged, occupied or intended to be occupied as residential unit designed to accommodate one household for living, sleeping, eating, cooking and sanitation. This does not include a garage, carport, or other vehicle parking area.

Easement means a grant by the property owner of the use of a strip of land for stated purposes.

Environment means the aggregate of social and physical conditions that influence the life of the individual and/or community.

Exterior side yard means a yard which faces and is parallel to a side street.

Extraterritorial jurisdiction or ETJ means that geographic area outside the corporate boundaries of the city as established pursuant to V.T.C.A., Local Government Code §§ 42.021 and 42.022.

Family means any number of individuals living together as a single housekeeping unit, in which not more than three individuals are unrelated by blood, marriage, adoption, or guardianship, and occupying a dwelling unit.

Farm accessory building means a structure, other than a dwelling, on a farm as herein defined, for the housing protection or storage of the usual farm equipment, animals and crops.

Farm, ranch, garden or orchard means an area of three acres or more which is used for the primary purpose of growing of vegetables, fruits, trees, hay, livestock feed and/or grain, and/or for the raising thereon of poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Financial services means services provided by an establishment primarily engaged in financial and banking activities. Typical uses may include banks, savings and loan institutions, stock and bond brokers, loan and lending activities, and similar services.

Floodplain means that land which lying within a stream channel or adjacent to a stream channel within which flooding frequently occurs, the elevation above sea level of which shall be as established by the city and made of record. It is land which is required to be kept open and non-urbanized in order to maintain upstream floodplain characteristics and insure continued adequate drainage of adjacent land.

Floor area means the total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports or garages.

Floor area ratio (FAR) means the maximum square footage of total floor area permitted for each square foot of land area. The ratio between the total square feet of floor area in all buildings located on a lot and the total square feet of land in the lot or tract on which the buildings are located.

Food and beverage sales store means a retail establishment of greater than 2,500 square feet of total floor area, selling a variety of consumables, notions and/or similar items, usually serving a significant market area. The sale of beer for off-premises consumption is allowed, if not otherwise prohibited, with a conditional use permit.

Food sales means an establishment primarily engaged in the retail sale of food or household products for home consumption. Typical uses include grocery stores, delicatessens, meat markets, retail bakeries, and candy shops. There shall be a minimum of one parking space per 200 square feet of gross floor area.

Filing date means, with respect to zoning applications, the date of the first public hearing before the commission regarding such zoning application.

Front yard means a space extending the full width of the lot between any building set back line and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.

Frontage means that side of a lot, parcel or tract of land abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot.

Frontage block means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Garage, commercial means any premises and structure used for housing more than five motor vehicles or where any vehicles are repaired for operation or kept for remuneration, hire or sale, and where a retail service station may be maintained as a secondary use.

Gasoline station (full service) means a place where gasoline, other fuels, oil and grease and/or accessories are sold and dispensed to the retail motor vehicle trade, and where one or more of the following activities are conducted: motor vehicles are serviced and repaired; stored batteries are recharged and cared for; or vehicle tires are stored, serviced or exchanged.

Gasoline station (limited service) means a place where the services provided are limited to the retail sale, either self-service or attendant dispensed, of gasoline, other fuels and petroleum products for the motor vehicle trade.

Golf course means a golf course or driving range public or privately owned and open to the public for a fee.

Golf course lot means any lot, parcel, tract or other division of property sharing a property line with the municipal golf course and:

(a)

Located within those tracts described in boundary agreement as tracts 14, 15, 16, 17, 18, 22, 23, 24, 25, 26 and 27; and

(b)

The approximately 1.142 acre tract of land described in Exhibit "A" of the General Warranty Deed recorded in the Public Records of Burnet County as Document No. 201901816; and

(c)

The approximately 28.31 acre tract of land and 1.49 acre tract of land and described in Exhibit "A" of the General Warranty Deed recorded in the Public Records of Burnet County as Document No. 202117151; and

(d)

The property described as Lot No. Two, Block A of the Ranch at Delaware Creek, Phase One-A a subdivision in Burnet County Texas as shown on plat recorded in Cabinet 4, Slide 11B, 11C, 12A, 12B and 12C, Plat Records of Burnet County, Texas, and described in the Warranty Deed with Vendor's Lien recorded in the Public Records of Burnet County as Document No. 200713598.

Governing body means the city council of the city.

Grade means the slope of a road, street, other public way or utility line specified in terms of percent (%); the topographic relief of a parcel of land; the average elevation at ground level of the buildable area of a lot or parcel of land.

Grading means any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition.

Half story means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than five feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.

Halfway house means a dwelling unit used as a single housekeeping unit for not more than six persons who have demonstrated a tendency towards alcoholism, drug abuse, anti-social or criminal conduct, together with not more than two persons providing supervision and other services to such persons, provided a conditional use permit is first obtained.

Height means the vertical distance from the highest point on a structure to the average ground elevation where the foundation meets ground.

Heliport means landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds.

Home for aged means a home where elderly people are provided with lodging and meals without nursing care.

Home occupation means a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installation of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, and which does not cause the generation of other than normal noise, pedestrian and vehicular traffic. It is an accessory to a residential use subject to the following limitations: (a) the home occupation shall be conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s); (b) the residential character of the lot and dwelling shall be maintained; the exterior of the dwelling shall not be structurally altered; and no additional buildings shall be added on the property to accommodate the home occupation; (c) the occupation shall not produce external noise, vibration, smoke, odor, fumes, electrical interference, involve the storage of weapons or dangerous materials, or waste run-off outside the dwelling unit or on the property surrounding the dwelling unit; and (d) no vehicle used in connection with the home occupation which requires a commercial driver's license to operate shall be parked on any street adjacent to the property.

Homeowners or unit owners association means any association or organization of co-owners within a condominium or townhouse project, including the council of co-owners or a condominium or townhouse management association, or the owners of lots within a subdivision; organized for the primary purpose of managing and maintaining the common areas and common open space in any such project, or otherwise owned by the association. An organization, association, or other entity formed and controlled by the developer, project owner or general partner for this purpose will be included in this definition.

Hospital (acute care) means an institution with facilities and equipment for conducting major medical examinations and tests, and providing full hospital services, with rooms for occupancy by ill or injured persons where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life.

Hospital (chronic care) means an institution where persons suffering from illness, injury, deformity or deficiency of age are given care and treatment on a prolonged or permanent basis.

Hospital services means a facility providing medical, psychiatric, or surgical services for sick or injured persons on an in-patient basis and including ancillary facilities for out-patient and emergency treatment, diagnostics services, training, administration, research, and services to patients, employees or visitors.

Hospital, sanitarium, nursing home, hospice means a building or portion thereof used or designated for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirmed persons; provided that this definition shall not include rooms in any residential dwelling, hotel or apartment hotel not ordinarily intended to be occupied by said persons.

Hotel or motel means a building in which lodging is provided and offered to individual transient guests, and may include a cafe, drugstore, clothes, pressing shop, barber shop or other service facilities for guests for compensation, and in which ingress and egress to and from all rooms is made through a lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradiction to a boarding house or bed and breakfast, a short-term rental unit such as a residential structure or apartment, or a long- term rental unit such as a residential structure or an apartment. To be classified as a hotel an establishment shall contain a minimum of six individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, and the use and upkeep of furniture. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include a hospital, sanitarium, nursing home, or a dormitory as defined in V.T.C.A., Tax Code § 156.001. Hotels and motels shall be classified as a lodging facility.

Impervious cover means roads, parking areas, buildings, swimming pools, rooftop landscapes and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.

Improvements means any street, alley, roadway, barricade, sidewalk, bikeway, pedestrian way, water line system, wastewater system, storm drainage network, public park land, landscaping, or other facility or portion thereof for which the local government may ultimately assume responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.

Incinerator means a furnace or apparatus for burning waste materials such as trash wood and other flammable items for the purpose of reducing their weight and bulk.

Infill area means the area of vacant land and property within a built-up area used for further construction or development, especially as part of a neighborhood preservation or limited growth program.

Institution for the care of substance dependent persons means an institution offering resident or outpatient treatment to alcoholic or narcotic patients.

Interior lot means a lot other than a corner lot and, bounded by a street on only one side.

Kennel means a place in which five or more dogs or cats at least six months of age are kept, boarded or trained, by the owners of the dogs or cats or by persons providing facilities and care with or without compensation.

Kindergarten or pre-school means any private school, operated for profit or not, attended by four or more children at any one time during part of a 24-hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

Laundry services means an establishment engaged in providing laundering, dry cleaning, or dyeing services. Typical uses shall include bulk laundry and cleaning pants, and linen supply services.

Legal lot means a lot recorded in the official county records pursuant to and in compliance with the subdivision regulations and/or state law in effect at the time of the creation of the lot.

Light manufacturing means an establishment engaged in the manufacture of finished products or parts, including packaging of such products, and incidental storage, sales and distribution of such products, but excluding uses that are not traditionally classified as light industrial or manufacturing. Uses defined as traditional light industrial and manufacturing are set forth in this chapter.

Livestock auction means barns, pens and sheds for the temporary holding and sale of livestock.

Loading space means an off-street space for the parking of a vehicle while loading or unloading merchandise or materials from commercial or industrial vehicles.

Local health district means the county health district.

Local utility line means the facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power, telephone or cable service, including pad and pole mounted transformers.

Lodging facilities means for-profit facilities where lodging is provided to transient or prearranged visitors and guests for a defined period of time shorter than 30 days for compensation.

Lot means a separate parcel of land, created by the division or subdivision of a block or other parcel, intended as a unit for transfer of ownership, or for development, or for occupancy and/or use, platted in compliance with state law. See also: Legal lot.

Lot depth means the average horizontal distance between the front and rear lot lines.

Lot lines means the lines bounding a lot as defined herein.

Lot width means the average horizontal distance at the front building setback line of a lot.

Manufactured home means a complete living unit, manufactured at a location away from the lot on which it will be located, as defined in Article 5221f of the Texas Revised Civil Statutes.

Manufactured housing. See: Manufactured home.

Manufactured home park means a unified development for manufactured housing spaces arranged on a tract of land in compliance with the subdivision ordinance and this chapter, with the individual lots or parcels being held under a common ownership and rented or leased to the occupants.

Manufactured home subdivision means a unified development for manufactured housing spaces arranged on a tract of land in compliance with the subdivision ordinance and this chapter, with the individual lots or parcels being developed and sold to occupant owners. Any manufactured home that is more than five years of age from the date of proposed installation is prohibited within the city limits.

Master plan means the overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for means land intensities; land subdivision; circulation; and community facilities, utilities and services. See. Comprehensive plan.

Mini storage warehouse means a building or group of buildings consisting of individualized shelters of various sizes for rent or lease for the purpose of providing protection of commodities stored therein. The size of each individual storage unit of a mini-storage warehouse shall be limited to 2,000 cubic feet.

Mobile home means a movable or portable structure constructed prior to June 15, 1976 that is eight feet, or more, in width and 40 feet, or more, in length constructed to be towed on its own integral chassis, as defined in Article 5221f of the Texas Revised Civil Statutes. Any mobile home not constituting an existing conforming or nonconforming use is prohibited within the city limits.

Modular component means a structure or building module as defined in Article 5221f-1 of the Texas Revised Civil Statutes that is inspected and permitted by and under the jurisdiction and control of the state department of licensing and regulations, that is transportable in one or more sections and designed to be used on a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the component. The term does not include a mobile home or a manufactured home.

Multifamily dwelling means a single structure designed to accommodate five or more households.

Multiple building complex means more than one principal building on a building plot or lot.

Municipal golf course means the 18-hole championship golf course operated by the city.

Natural channel means the topography of a waterway prior to construction, installation of improvements thereof.

Natural drainage means a stormwater runoff conveyance system not altered by development.

Natural state means substantially the same conditions of the land that existed prior to its development, including, but not limited to, the same type, quality, quantity and distribution of soils, ground cover, vegetation and topographic features.

Neighborhood means the area of the city characterized by residential land uses which is bounded by physical (such as river, major street, lack of access, buffer) and/or political features (such as voting districts, subdivision boundaries).

Neighborhood automobile service station means an establishment primarily engaged in automotive-related service. The following are permitted automotive-related services within such definition: automobile washing, minor automotive repair services, service stations, the sale of fuel, lubricants (including oil change facilities), parts and accessories, or any incidental minor repair services to motor vehicles.

Neighborhood park means a publicly owned parcel of land, within a subdivision, dedicated solely for recreational uses and maintained by the city or under authority granted by the city.

Night club means an establishment required to have a state permit for the sale of alcoholic beverages and in which 50 percent or more of the monthly gross revenues are from the sale of alcoholic beverages; or any business or commercial establishment in which alcoholic beverages are consumed on-premises and live entertainment is provided.

Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption revision or amendment to conform to the present requirements of the zoning district.

Nonconforming structure or building means a structure or building the size dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

Nonconforming use means any building, structure or land lawfully occupied by a use or lawfully existing at the time of passage of this chapter or amendments thereto, which does not, by reason of design or use, conform after the passage of this chapter or amendments with the regulations of the ordinance or amendment.

Occupancy means the use or intended use of land or a building by any person.

Occupant car ratio (OCR) means the minimum number of parking spaces without parking time limits required for each living unit, establishment or use.

Official county records means the official records of Burnet County, Texas.

Offsite improvements means any required improvement that lies outside of the property being developed.

Off-street parking as expansion of retail or commercial use means an off-street parking lot located adjacent or contiguous to a retail, commercial or office district.

Off-street parking space means an area of privately owned land not less than nine feet by 18½ feet not on a public street or alley, with an all weather surface. A public street shall not be classified as such, nor shall head-in parking adjacent to a public street and dependent upon such street for maneuvering space.

One hundred-year floodplain. See: Regulatory 100-year floodplain.

Open space means an area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.

Open or outdoor storage means the keeping, in an unroofed area, of any goods, junk, material or merchandise, in the same place for more than 24 hours.

Overland drainage means stormwater runoff which is not confined by any natural or man-made channel such as a creek, drainage ditch, storm sewer, or the like.

Park or playground means an open recreation facility or park owned and operated by a public agency such as the city or the school district and available to the general public for neighborhood use, but not involving lighted athletic fields for nighttime play.

Parking lot means a paved parking area to accommodate the vehicles which utilize any multiple family, retail, commercial, office, business or industrial property.

Parking space means an area that is not a street, alley or public right-of-way that is used or designed to be used for motor vehicle parking, that is not less than nine feet by 18½ feet, exclusive of the driveways connecting said space with a street or alley. Said parking space and connecting driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile.

Parking structure or garage means a structure devoted to the parking or storage of automobiles for a fee and may include a facility for servicing of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.

Pasturage means land used primarily for the grazing of animal stock.

Paved area means an area surfaced with asphalt, concrete or similar pavement, providing an all-weather surface. Gravel is not an acceptable paved surface.

Performance standard means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.

Permit issuing authority means the building official or other city officer, employee or agent designated by lawful authority to issue the applicable permit.

Permitted use means a use specifically allowed in the applicable zoning districts without the necessity of obtaining a conditional use permit.

Personal care facility means a facility that provides supervised living arrangements for persons with physical or mental disability, which by reason of federal or state law, is not subject to limitations set forth in deed restrictions or single family zoning districts. This definition includes a community-based residential home operated by (i) The state department of mental health and mental retardation, (ii) a community center operated under Section 3.01, Texas Mental Health and Mental Retardation Act (Article 5547-203 VATCS), which provides services to disabled persons; (iii) a nonprofit corporation, or (iv) any entity certified by the state department of human resources as a provider under the intermediate care facilities for the mentally retarded program. This definition includes homes for the handicapped as defined in 42 U.S.C. Sec. 3602(h).

Personal services means an establishment engaged in providing services of a personal nature. Typical uses shall include beauty and barbershops, tailor, and shoe repair services.

Personal service shop means an establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot or beauty shops.

Pharmacy means a use where medicines are compounded or dispensed under the supervision of a licensed pharmacist.

Planned unit development means a zoning district which permits development of three acres or more under single or multiple ownership pursuant to a master plan and which requires specific approval by the city council. It is a development of land under unified control, planned and developed as a whole in a single development operation or a programmed phasing of developments, including streets, utilities, lots or building sites, structures, open spaces and other improvements. This district may permit mixed uses of land (e.g. industrial, commercial, residential) within a single or multiple subdivisions as part of or pursuant to a master plan which seeks to minimize adverse impacts when development occurs to protect the environment and nearby neighborhoods.

Planting area means any area designed for landscape planting having a minimum of ten square feet of actual plantable area and a minimum inside dimension on any side of 18 inches.

Playfield or stadium means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

POA neighborhood park means a privately owned parcel of land, within a subdivision, dedicated solely for recreational use by persons in such subdivision and their guests, and maintained by the residents of said subdivision.

Portable storage building is any accessory structure of 100 square feet or less designed to be transported from one location on a specific site to another location either on the same lot or on a separate lot.

Postal facilities means postal services, including post office, bulk mail processing, or sorting centers operated by the United States Postal Service or a private postal service.

Primary structure means a structure in which the principal use of the lot is conducted. For example, for single-family residential lots, the house is the primary structure.

Privacy fence means a well-constructed opaque fence or screen of wood, masonry or a combination thereof at least six feet in height. A fence shall be considered opaque if it is made of opaque materials and constructed so those gaps in the fence do not exceed one-half inch. Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half inch. All fences shall be constructed.

Private club means an establishment required to have a state issued alcoholic beverage permit for the sale, storage or vending of alcoholic beverages on-premises to its members.

Private garage means an accessory building housing vehicles owned and used by occupants of the main building.

Product development services (general) means development and testing of non-hazardous products related to research services. See: Research services (general).

Product development services (hazard) means development and testing of products related to research services, which products could pose a health or safety risk outside of the structure in which the services are provided. See: Research services (hazard).

Professional office means a use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions licensed by the state.

Property owners association, (POA), means an incorporated, non-profit organization operating under recorded land agreements through which:

(1)

Each lot and/or homeowner in a subdivision or planned unit development or PUD is automatically a member;

(2)

Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining common property; and

(3)

The charge, if unpaid, becomes a lien against the property.

Public means, with respect to land and interests in land within the city limits, the city; with respect to land and interests in land within the ETJ limits, the general public; and, with respect to the provision of any services or products by a business establishment, the general public.

Public grounds or building means a facility such as office buildings, and maintenance yards and shops required by branches of local, state or federal government for service to an area such as highway department yard or a city, county or school service center.

Public use means places of non-commercial public assembly or administrative functions where the primary activity is contained within a building(s), including but not limited to schools and government buildings.

Radio, television, microwave and similar towers means structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antennae installation for home use of radio or television.

Railroad spur or siding means a siding for spotting and unloading or loading boxcars or other railroad cars and which area is connected to a public street by a drive for access.

Railroad tracts means the right-of-way for railroad tracts, and includes siding, spurs, loading facilities, docks, yards or maintenance areas, and does not include passenger stations.

Rear yard means a space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.

Recyclable materials means materials including, but not limited to, scrap steel, aluminum cans, appliances, paper, batteries, glass bottles, motor vehicles, motor vehicle parts and machinery that have no economic value except as composition or salvage material.

Recycling collection use means use of property as a location where glass, paper, plastics and/or aluminum cans only are deposited in containers, with no sorting or processing on site, and usually occurring as an accessory use on the property.

Recycling operation means the collection, buying, storage, or processing of recyclable materials such as glass, paper, plastics, liquids, wood or metals, which are then sorted or processed for use or shipment for the purpose of reuse and manufacture, excluding smelters and refining operations.

Recycling operations (indoor) means a recycling operation which is fully enclosed within permanent walls and roof of a building or, if windows and doors are present, which is capable of enclosure to insure compliance with the required performance standards in the LI or HI districts as appropriate. The outside storage of recyclable materials in conjunction with the recycling operation inside a building is prohibited in an LI district. A dust collection system may be located outside the main building.

Recycling operations (outdoor) means a recycling operation that occurs in the open, or partially within a building and partially in the open.

Regulatory 100-year floodplain means the 100-year floodplain as defined by the Federal Emergency Management Act (FEMA).

Religious assembly means a use (located in a permanent or temporary building) providing regular organized religious worship and religious education incidental thereto. See Church.

Replacement trees means new landscape trees to be planted by the developer to replace significant trees removed during the development of property. A list of approved replacement trees can be obtained at the office of the city.

Required yard means the open space between a lot line and the buildable area within which no structure shall be located except as provided for herein.

Research services (general) means establishments engaged in research of an industrial or scientific nature not involving or requiring the use of any biological, chemical or other agent that could cause a hazard to adjacent property. Typical uses include electronics research laboratories, and development and testing of computer software packages.

Research services (hazard) means establishments engaged in research of an industrial or scientific nature involving or requiring the use of biological, chemical or other agents capable of causing a hazard to property or persons outside the structure in which conducted.

Reserve strip means a narrow strip of property located in a newly developed subdivision, usually separating a parcel of land from a roadway or utility line easement, that is characterized by limited depth which will not support development and which is intended to prevent access to the roadway or utility easement from adjacent property and which are prohibited by these regulations unless their control is given to the city.

Retail food store means a retail establishment selling meats, fruits, vegetables, bakery products, dairy products, light hardware and other similar items, which are purchased for use and/or consumption off the premises (may be a drive-in or supermarket).

Retail sales means the sale or rental of commonly used goods and merchandise for personal or household use. Typical uses may include department stores, furniture stores, or establishments providing the following products or services: home furnishings and appliances, household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics or specialty items; apparel, jewelry, fabrics and like items; cameras or photography services; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services or office supplies; bicycles, wallpaper, carpeting and floor-covering, or automotive parts and accessories (excluding service and installation).

Restaurant means an establishment engaged in the preparation and retail sale of food and beverages for on-premises consumption. Typical uses include diners, dinner-houses, but not a drive-in or fast food restaurant.

Reverse frontage lot means a double frontage lot which is to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street.

Right-of-way means a strip of land occupied or intended to be occupied by street, crosswalk, railroad, road, electric transmission line, or oil or gas pipe line, water main, sanitary or storm sewer main, or for other similar purpose or use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereinafter established and shown on the final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, wastewater lines, storm drains, or any other use involving maintenance by a public agency shall be dedicated to the public by the maker of the plat where such right-of-way is established.

Roofline means the height of the roof excluding any peaks representing less than ten percent of the profile of the roof.

Safety services means a facility to conduct public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

Salvage processing means the method or action to enhance recyclable materials for reuse, including, but not limited to, separating, baling, flattening, shredding, crushing, cleaning or cutting for the purpose of preparing recyclable materials for reuse, excluding a smelter operation.

Same ownership means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stock holder, partner, or associate or a member of his or her family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

School (business) means a business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including a commercial trade school.

School (commercial trade) means a business organized to operate for a profit and offering instruction and training in a trade such as welding, brick laying, machinery operation, mechanics and similar trades.

School (public or denominational) means a school under the sponsorship of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center or other commercial enterprise the primary business of which is the offering of service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. See section [118-67] for related definitions and development standards pertaining to sexually oriented businesses.

Servants quarters means an accessory building or portion of a main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile.

Setback line or building setback line means a line that marks the setback distance from the property line, and establishes the minimum required front, side or rear yard space of a building plot.

Shopping center means a composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit.

Short-term rental (STR) means the rental for compensation of dwellings or accessory dwelling units or portions thereof for the purpose of overnight lodging for a period of not less than one night and not more than 29 consecutive days, other than ongoing month-to-month tenancy granted to the same renter for the same unit as their primary residence. This is not applicable to rentals made for less than thirty days upon the sale of a dwelling when the tenancy is by the former owner. Short-term rentals shall be classified as a lodging facility. Short-term rentals shall not be classified as a home-based business. (See STR Overlay, Sec.118-68)

Shrub means any self-supporting woody evergreen and/or deciduous species.

Side yard means a space extending from the front yard to the rear yard between the setback line and the side lot line measured perpendicular from the side lot line to the closest point of the setback line.

Sign means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended, or used to advertise or inform.

Significant tree means a living tree that the city desires to preserve to the greatest extent possible. All trees larger than eight inches in caliper are significant trees.

Single-family attached means the use of a series of sites for two or more dwelling units, constructed with common or abutting walls and each located on a separate lot within the total development site.

Single-family detached means the use of a lot for only one dwelling unit.

Single-family dwelling means a building designed for or occupied exclusively by one household. See: Single-family detached.

Site plan means a plan showing the use of the land, to include locations of buildings, drives, sidewalks, parking facilities, temporary and permanent erosion/sedimentation controls, and other structures to be constructed.

Slope means the vertical change in grade divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage.

Social club means a building or portion thereof or premises used or operated for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Square foot or square feet means the square footage computed from the outside dimensions of the dwelling or structure, excluding attached garages, attics, basements, open or screened porches.

Stable means an accessory building for quartering horses for private use of the resident when the stable building is set back from all adjacent property lines at least 50 feet, is at least 100 feet from any adjacent residence and when the site contains minimum area of one acre.

Stable, riding means an accessory building for quartering horses for commercial or private riding lessons, boarding, training or renting of horses when the stable building is set back from all adjacent property lines at least 150 feet, contains a minimum of three acres of land and holds a conditional use permit.

State health department means the Texas Department of State Health Services or the Texas Commission on Environmental Quality (TCEQ), as applicable.

State highway right-of-way means real property and rights therein used for the construction, operation, or maintenance of a transportation or related facility and is of a length and width determined by the Texas Department of Transportation Commission to be required, necessary, or convenient for the provision of a transportation facility or system and the space over, under, or on the land where the facility is located.

Storage and distribution means an establishment offering wholesaling, storage and warehousing services of non-hazardous materials in enclosed structures.

Storage garage means any premises and structure used exclusively for the storage of more than five automobiles.

Story means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Street means any public or private right-of-way that affords the primary means of vehicular access to abutting property.

Street line means that line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the streets.

Street side yard means an area between any required building setback line and the side property line abutting a public right-of-way, and measured perpendicular to the building to the closest point of the side property line abutting the right-of-way.

Structural alterations means any change in the supporting members of a building, such as load bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

Structural integrity means the ability of a structure to maintain stability against normal forces experienced by said structure.

Structure means any building or anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, telecommunications towers, sheds, parking lots that are the primary use of a parcel and permanent signs. Sidewalks and paving shall not be considered structures unless located within a public utility or drainage easement.

Structure principal means the principal structure which fulfills the purpose for which the building plot is intended.

Subdivision means the division or redivision of land into two or more lots, tracts, sites or parcels for the purpose of development, laying out any addition to the city, or for laying out any subdivision or building lots, or any lot, street, alley, access easement, public utility easement, park or other portion intended for use by the public, or for the use of any owner, purchaser, occupant, person or entity.

Swimming pool (commercial) means a swimming pool with accessory facilities that is not a part of the municipal or public recreational system or a private swim club and that is available to the general public for a fee.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a single family, duplex, multi-plex or multi-family dwelling, or other residential dwelling, located and fenced in accordance with city regulations and not operated as a business or maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Tavern means an establishment required to have a state permit for the sale and on-premises consumption of beer, that is not licensed or permitted to sell any other alcoholic beverage.

Telephone exchange means switching relay and transmitting equipment, but not including public business facilities, storage or repair facilities.

Temporary field or construction office means a structure or shelter used in connection with a development or building project, for housing on site the temporary administrative and supervisory functions, and for sheltering employees and equipment, related to the development.

Tourist home means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than 20 individuals and open to transient guests.

Townhouse means a structure on an individual lot, which is one of a series of two or more dwelling units designed for single-family occupancy, which dwelling units are structurally connected, immediately adjacent to and abutting each other between individual dwelling units. A condominium apartment (as defined in V.T.C.A., Property Code § 81) in a condominium structure may be considered a townhouse if no other dwelling unit or use of any kind exists immediately above or below it. Any project including three or more such condominiums or townhouses shall be considered a "townhouse project."

Traffic impact analysis (TIA) means a study of the impacts of a development on the city's transportation system.

Trailer camp or park means an area designed, arranged or used for the parking or storing of one or more auto trailers which are occupied or intended for occupancy as temporary living quarters by individuals or families.

Transportation services means a facility for loading, unloading, and interchange of passengers and baggage, between modes of transportation, including bus terminals, railroad stations and public transit facilities utilizing park and ride stations.

Tree means any self-supporting woody plant species that normally grows to an overall minimum height of 15 feet.

Tree survey means a scaled drawing accurately showing the location, caliper and critical root zone of significant trees in relation to the property boundaries.

Truck stop means a gasoline station also providing major or minor automobile repair to commercial vehicles.

Two-family dwelling means a building designed for or occupied exclusively by two families.

Upholstery shop means a business establishment engaged in the installation of soft covering material such as fabric and underlayment for furniture and other objects. Except however, with respect to motor vehicles, it shall only include interior upholstering. In no event shall an upholstery shop include the manufacture or building of furniture or other objects.

Urbanization means the process of constructing public improvements required to support suburban or urban land use.

Utilities other than listed means any utility requiring a franchise, such as closed circuit television, distribution of steam, hot or chilled water or similar service requiring the use of public streets or easements.

Variance means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property that, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Variety store means a retail commercial establishment which supplies a variety of household goods, toys, limited light hardware items, candy, some clothing and other general merchandise.

Veterinary hospital means an establishment offering veterinary services and clinics for pets, small and/or large animals. Typical uses include pet clinics, care, treatment and temporary housing of livestock and large animals, with temporary housing of large animals permitted in an attached or adjacent roofed building, with three or more sides having walls or a solid fence extending from the foundation to at least ¾ of the distance to the roof line.

Veterinary services means an establishment offering veterinary services and clinics for pets and small domestic animals, with all activities and work in-doors.

Video rental store means an establishment engaged in the sale or rental of motion pictures or games.

Vines means any woody or herbaceous plants, which may cling by twining, by means of aerial rootlets or by means of tendrils or which, may simply sprawl over the ground or other plants.

Warehouse means an establishment engaged in the storage of merchandise or commodities in an enclosed structure.

Watershed means area from which stormwater drains into a given basin, river or creek.

Waterway means any natural or man-made channel conducting stormwater from a two-year storm event at a depth of eight inches or more and at a rate of 15 cubic feet per second or more. Street pavement shall in no instance be considered a waterway.

Wood yard means a tract of property used for the storage of wood either for use as firewood or as a building material, containing a fence for safety and security.

Working days means Monday through Friday exclusive of city recognized holidays.

Wrecking yard means any lot, tract, building or structure upon which used automobiles or parts of used automobiles or other motor vehicles are stored for the primary purpose of obtaining parts for resale as an automotive or motor vehicle part.

Yard means an open space at grade between the principal and accessory buildings and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

Yard depth means the shortest distance between a lot line and a yard line.

Yard, front. A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street easement line and the main building or any projections thereof other than the projections of the usual steps, balconies or bays, or unairconditioned porch. On corner lots the front yard shall be considered as the yard area in front of the main entrance to the structure.

Yard line means a line drawn parallel to a lot line at a distance there from equal to the depth of the required yard.

Yard, rear means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of steps, balconies or bays, or un-air conditioned porches, accessory dwellings or detached garages.

Yard, side means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of any building on the lot, or any projections thereof.

Zero-lot-line lot means a single family lot that has a side wall along or near one of the lot lines so that a usable yard of a minimum of ten feet from the side lot line to the building line is created on the other side of the lot.

Zoning means the division of a municipality into districts in an effort to achieve compatible land use relationships, and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings in order to achieve that compatibility as defined in V.T.C.A., Local Government Code ch. 211.

Zoning map means the official certified map showing the division of the city into districts, which is a part of this chapter.

Zoning (spot) means the zoning or rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.

Zoning (strip) means, typically, commercial and/or retail zoning proposed to accommodate commercial or retail development, fronting a portion of a major street, usually one lot deep.

Zoo (private) means a facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.

Zoo (public) means a publicly owned zoo or similar facility owned and operated by a governmental entity or nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.

Any definition not expressly prescribed herein shall, until such time as defined by ordinance, be construed in accordance with customary usage in municipal planning and engineering practices.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-12, § 1, 2-22-22; Ord. No. 2024-01, § 2, 1-23-24)

The provisions of this chapter shall, except as specifically provided otherwise in this chapter, apply to all land within the jurisdiction of the city.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

The provisions of this chapter shall not:

(a)

Prohibit the continuation of plans, construction or designed use of a building for which a building permit was lawfully issued and which (i) is completed in its entirety within one year from the effective date of this chapter; and (ii) for which construction shall have been started within 90 days after the effective date of this chapter; provided that any such building, construction or use that is not in compliance with this chapter shall be a nonconforming use; or

(b)

Apply to permits or commitments given by the city with reference to construction of public utility buildings prior to the passage of this chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

(a)

No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the city for or with respect to any lot, tract or parcel of land within the city limits that is developed, or proposed to be developed, after the effective date of this chapter, until all applicable requirements of this or other applicable ordinances have been satisfied and accepted by the city.

(b)

This chapter may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken, any person who violates any term or provision of this chapter, with respect to any land or development within the city, by fine and penalties as provided herein.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

(a)

Authority. City council may change a zoning classification of a district, or a property or properties, or change the rules governing a zoning classification, as provide in V.T.C.A., Local Government Code, Ch. 211.

(b)

Initiation.

(1)

A change of zoning classification may be initiated by:

a.

City council; or

b.

By direction of the city manager; or

c.

An owner of the property or properties that is the subject of the reclassification by submission of written application and payment of all applicable fees.

(2)

A change to the rules affecting a zoning classification may be initiated by:

a.

By direction of city council; or

b.

By direction of the city manager.

(c)

Prerequisites. A change to zoning classification, or a change to the rules governing a zoning classification, shall be adopted by ordinance. City council's action to adopt such ordinance shall be subject to the following:

(1)

Compliance with the notice and public hearing requirements required by state law and this chapter; and

(2)

City council's receipt of the planning and zoning commission's report on the merits of the proposed ordinance; and

(3)

If applicable, the planning and zoning commission and city council's receipt of written responses to any notices mailed to property owners; and

(4)

Public hearing testimony and comments; and

(5)

Other factors city council determines to be relevant.

(d)

Planning and zoning commission report.

(1)

After conducting a public hearing and receiving information from city staff, the planning and zoning commission shall deliberate and make a report to city council on the merits of the proposed ordinance reclassifying a district, property, or properties, or changing the rules governing zoning classifications.

(2)

The report may be made by recommendation of approval or disapproval of the proposed ordinance. In the event the planning and zoning commission fail to act to recommend approval of the proposed ordinance, for any reason, it shall be reported to city council that the planning and zoning commission failed to approve the proposed ordinance; and, city council may proceed with its public hearing on the matter.

(3)

If the planning and zoning commission determines additional information is required, action on the report may be tabled until its next meeting; but failure to act at that meeting shall constitute a report that the planning and zoning commission failed to recommend approval of the proposed ordinance; and, city council may proceed with its public hearing on the matter.

(e)

Presentation of the planning and zoning commission report to city council. At the meeting city council conducts a public hearing on the merits of the proposed ordinance, city staff shall advise city council of the planning and zoning commission's report as follows:

(1)

Should the report consist of specific recommendations regarding the merits of the proposed ordinance, city staff shall report such recommendations; or

(2)

Should the report consist only of a recommendation to approval or disapproval of the proposed ordinance, city staff shall report the vote of the planning and zoning commission's members on the motion recommending approve or disapprove; or

(3)

Should the report consist only of the failure of the planning or zoning commission to take action to recommend either approval or disapproval of the proposed ordinance; city staff shall report the basis of such failure.

(f)

City council final action on change of zoning classification. In consideration of an ordinance changing the zoning classification of a property, or properties, city council may adopt the ordinance, deny the ordinance, or modify the ordinance to approve a change of zoning classification different than the change proposed, including the issuance of a conditional use permit allowing a specific use the property sought by an application; provided the modification to the proposed ordinance:

(1)

Does not downzone the property, or properties, to a use classification less intense than the existing use classification; or

(2)

Does not upzone the property, or properties, to a use classification more intense than the proposed use classification.

(Ord. No. 2022-44, § 1, 10-25-22)