Zoneomics Logo
search icon

Cuero City Zoning Code

PART 6

WORDS AND DEFINITIONS

§ 17.101 Word Usage.
The word “shall” is mandatory; the word “may” is permissive. The particular shall control the general. Words used in present tense shall include the future, and words used in the singular include the plural, and plural the singular, unless the context clearly indicates the contrary. All public officials, bodies, and agencies to which reference is made are those of the City, unless otherwise indicated.
(Ordinance 2015-30 adopted 10/30/15)
§ 17.102 Abbreviations and Acronyms.
Set out in Table 17.102, Meaning of Acronyms and Abbreviations, is the meaning of the acronyms and abbreviations used in this UDC.
Table 17.102
Meaning of Acronyms and Abbreviations
Acronym or Abbreviation
Meaning
ac.
Acres
ADA
Americans with Disabilities Act
ADT
Average Daily Trips
BFE
Base Flood Elevation
BR
Bedroom
CCRs
Covenants, Conditions, and Restrictions
dBA
A-Weighted Decibels
D.B.H. or DBH
Diameter Breast Height
du
Dwelling Unit
e.g.
For Example
EIFS
External Insulating Finishing System
EPA
United States Environmental Protection Agency
FAA
Federal Aviation Administration
FAR
Floor Area Ratio
FCC
Federal Communications Commission
FEMA
Federal Emergency Management Agency
ft.
Feet
FHWA
Federal Highway Administration
FIRM
Flood Insurance Rate Map
in.
Inches
ITE
Institute of Traffic Engineers
LEED
Leadership in Energy and Environmental Design
LOS
Level of Service
LSR
Landscape Surface Ratio
Max.
Maximum
Min.
Minimum
N/A
Not Applicable
NFIP
National Flood Insurance Program
OSR
Open Space Ratio
POA
Property Owners’ Association
Sec.
Section
sf
Square Feet
SFHA
Special Flood Hazard Area
u/a
Units per Acre
UDC
Unified Development Code
(Ordinance 2015-30 adopted 10/30/15)
§ 17.201
A Terms
Abutting,
when referring to lots, parcels or property, means next to and having some portion of a boundary that is coterminous with the parcel proposed for development. Lots or parcels that are separated only by an alley are abutting if their property lines would be shared if they extended to the centerline of the alley. See Figure “Illustrative Example of Abutting Lots.”
Illustrative Example of Abutting Lots
-Image-45.tif
Access
means an area designated as a way for vehicles to enter or leave a property or lot to a public or private street or alley. Access is intended to permit residents to bring their vehicles onto the property, to allow employees, customers, or tenants to park, and to provide for public access in emergencies.
Access Easement
means a private easement for vehicular access across one lot or parcel to another (e.g., a driveway across a lot to access another lot). Cross-access easements are reciprocal arrangements that provide for the free flow of vehicles across the property line of abutting lots (e.g., a driveway connection between abutting shopping centers, two retail businesses, etc.).
Accessory Building
means a building that is subordinate to the principal building which serves a purpose that is customarily associated with the principal use. Examples of accessory buildings include storage sheds and detached residential garages. The phrase “accessory building” does not include a parking structure.
Accessory Dwelling Unit (“ADU”)
means a secondary dwelling unit which is located in a separate accessory building on the same lot as the principal dwelling unit. The ADU provides a complete, independent living space with facilities for cooking, eating, sanitation, and sleeping. See Section 11.102, Accessory Dwelling Units.
Accessory Structure
means a structure which is on the same parcel of property as a principal use or building the use of which is incidental to the use of the principal use or building (e.g., gazebos and carports).
Accessory Use
means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
Agriculture, General
means land (with and without farm residences) which is primarily used for the commercial production of field crops for food, fiber, or energy; orchards; viniculture; horticulture; dairying; pasturage; aquaculture, and truck farming. The term also includes the raising or breeding of livestock, cattle, horses, poultry, where there is no more than one animal equivalent unit per acre, and the keeping of bees. The term includes the necessary accessory uses for storing the products and inputs needed to produce them. The phrase does not include the phrase “community garden.”
Airports
means aircraft take-off and landing fields and flight training schools; or airstrips for personal aircraft for the private use of an individual. The term “airport” also includes the term “helistop.”
Alcoholic Beverage Sales
means the following:
1. 
Off-site Consumption
means the retail sale of beer, wine, or other alcoholic beverages for off-premise consumption.
2. 
On-site Consumption
means the retail sale of beer, wine, or other alcoholic beverages for on-premises consumption.
See Chapter 110, Alcoholic Beverages, [Article 5.03] of the Cuero Code of Ordinances.
Alluvial Fan Flooding
means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by:
1. 
High-velocity flows;
2. 
Active processes of erosion, sediment transport, and deposition; and
3. 
Unpredictable flow paths.
Amusement or Water Park
means an area of land used for outdoor commercial amusement on a general admission or per-amusement fee basis. Facilities at an amusement park include amusement rides (e.g., motorized rides, water slides, wave pools, go-carts, bumper cars, bumper boats, and comparable facilities), and may also include supporting uses and facilities such as concert stages, theaters, batting cages, gardens, playgrounds, shops, child care, food stands, and restaurants.
Animal Boarding and Veterinarian Services, Large Animal
means an animal hospital or clinic that provides services for horses and other livestock, and which may board animals in the course of treatment. The phrase “animal boarding and veterinarian services, large animal” does not include “animal boarding and veterinarian services, small animal.”
Animal Boarding and Veterinarian Services, Small Animal
means veterinary clinics, hospitals, or other facilities that provide care and boarding of small domestic animals. The phrase “animal boarding and veterinarian, small animal” does not include “animal boarding and veterinarian services, large animal.”
Animal Grooming Facility
means an establishment where domestic animals are bathed, clipped, or combed for the purpose of enhancing their appearance or health, and for which a fee is charged, but not including overnight boarding of animals.
Apartment
means a multi-family building type that is comprised of three or more dwelling units, each having an entrance to a hallway, stairway, or balcony in common with at least one other dwelling unit. Apartments may be leased, rented, or owned in a condominium style of ownership.
Apex
means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Applicant
means a person, firm, or governmental agency that executes the necessary forms to obtain approval or a permit for any zoning, subdivision, land development, building, land disturbing activity, or other activity regulated by this UDC.
Approval
means the final action granting an application given by the appropriate administrative body specified in Article 13, Administrative Bodies, as having final approval responsibility.
Appurtenance
means a feature in and of a parcel of land or a site, or a building, structure or object, or a related group of any of these. The term includes, but is not limited to, buildings, structures, objects, landscaping, walls, fences, light fixtures, steps, paving, sidewalks, shutters, awnings and signs.
Area of Shallow Flooding
means a designated AO, AH, AR/AO, AR/AH, or VO zone on the City’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard
means the land in the floodplain that is subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. The term “area of special flood hazard” is also referred to as “special flood hazard area.”
As-Built Plan
means a civil drawing depicting the completed infrastructure improvements as they were installed on the lot. As-built plans must be prepared and certified by a registered land surveyor and may involve a licensed engineer.
Asphalt or Concrete Batching Plant
means a temporary light manufacturing facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction of a specific site or project, and includes facilities for the administration and management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt or concrete products.
Assisted Living Facility
means an establishment that:
1. 
Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;
2. 
Provides:
a. 
Personal care services; or
b. 
Administration of medication by a person licensed or otherwise authorized in this state to administer the medication; and
3. 
May provide assistance with or supervision of the administration of medication.
See Chapter 247, of the Tex. Health and Safety Code
B Terms
Bar or Nightclub
means a commercial establishment which can further defined as:
1. 
Bar.
An establishment where the primary purpose is to sell alcohol beverages for on-premise consumption; or
2. 
Nightclub.
An establishment where the consumption of alcoholic beverages (sold at the facility or brought in by patrons) is combined with dancing and/or musical entertainment.
The term “bar or nightclub” is sometimes also called a cocktail lounge, tavern, saloon, cantina, etc. The term “bar or nightclub” does not mean a restaurant, as the sale of food is an accessory use to the primary purposes described above.
Base Flood
means a flood having a one percent chance of being equaled or exceeded in any given year.
Base Flood Elevation
means the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent chance of equaling or exceeding that level in any given year (also called the base flood).
Basement
means any area of the building having its floor subgrade (below ground level) on all sides.
Bed and Breakfast (Home or Inn)
[means] a small lodging establishment that offers overnight accommodation and inclusive breakfast, but does not offer other meals. Typically, Bed and Breakfasts are private homes or family homes offering accommodations; the typical Bed and Breakfast establishment has between 4 and 11 rooms, with 6 being the average (see also overnight accommodations).
Biodegradable
means the capability of being decomposed by biological agents, especially bacteria.
Block
means a piece of land surrounded on all sides by streets or other transportation rights-of-way or by physical barriers such as waterbodies, watercourses, or public open spaces. Blocks are normally divided into lots. See Figure “Illustrative Blocks” for an illustrative example of blocks within a City.
Illustrative Blocks
-Image-46.tif
Broadcast Tower
means a radio, television or microwave structure exceeding 120 feet in height, with or without guide wires, used to transmit and/or receive commercial radio, television or microwave communications.
Buffer
means open spaces, landscaped areas, fences, walls, berms, or any combination thereof, which are used to physically and visually separate one use or property from an abutting property in order to mitigate the impacts of noise, light, or other nuisance.
Bufferyard
means a designated strip of land upon which a buffer is installed. Bufferyards may be required between land uses, along zoning district boundaries, along parking lot boundaries, and along street and railroad rights-of-way.
Building
means a structure that has a roof and walls, and which is intended to shelter people, animals, property, or business activity, and includes any structure used or intended to be used for supporting or sheltering a use or occupancy. The term “building” shall be construed as if it were followed by the words “or part or parts thereof and all equipment therein.”
The term building may also mean an industrialized building which is a nonresidential structure that is constructed off-site as one or more modular components (including the installation of plumbing, heating, air conditioning, and electrical systems), bearing an approved decal or insignia, and then transported to the site to be affixed to a permanent foundation. To approve a building permit for an industrialized building, the Building Official shall review the designs, plans, and specifications, whereby each page must be stamped by the Texas Industrialized Building Code Council (which is the state-designated authority that ensures that all preconfigured modular components are in compliance with state-mandated building codes). On-site building code inspections are to be made by the state-designated authority and witnessed by the Building Official.
See Tex. Occ. Code Section 1202, Industrialized Housing and Buildings.
Building Coverage
means the footprint of all buildings (area within exterior walls) on a parcel or lot divided by the total area of the parcel or lot.
Building Official
means the designated authority of the Department, or designee thereof, whose duties include administration and enforcement of this UDC.
C Terms
Certificate of Occupancy
means an official certificate issued by the Building Official that sets forth that a building, structure, or use legally complies with this UDC and the applicable building codes, and that the building, structure, or use may be used for the purposes stated therein.
Character, Auto-Urban
means a character of development which can be described as follows:
1. 
Nonresidential.
The form of auto-urban nonresidential development exhibits a largely horizontal pattern. Although there is an open environment, it is mainly to accommodate extensive surface parking lots versus the more prominent green spaces found in suburban character areas. Significant portions of the development site are devoted to vehicular access drives, circulation routes, surface parking lots, and loading/delivery areas, whereby the pavement areas become the most prominent visual feature versus green or open areas.
2. 
Residential.
The predominant form of auto-urban residential development is auto-oriented in nature, where driveways and front loaded garages dominate the front yard and facade of homes. Typically these areas are comprised of single-family detached dwellings on smaller lots and with narrower lot widths (than compared to homes exhibiting a suburban character). In some cases, single-family attached housing is provided in planned or cluster developments.
See Chapter 2, Land Use and Character and Appendix A, Existing and Future Character Descriptions, from the Cuero Comprehensive Plan.
Character, Rural/Natural
means a character of development that is comprised of individual farms and residences, conservation and cluster developments, agriculture uses, and areas that are in their natural state (e.g., buffered stream corridors, etc.). Residential developments are typically scattered on large acreages, or clustered with high open space ratios. Drainage is typically managed through natural means and in many cases there are no public water or wastewater utilities.
See Chapter 2, Land Use and Character and Appendix A, Existing and Future Character Descriptions, from the Cuero Comprehensive Plan.
Character, Suburban
means a character of development which can be described as follows:
1. 
Commercial.
The form of suburban commercial development is characterized by more open space and less impervious surface (compared to auto-urban character areas) on the lot, where the buildings are more residential in appearance. The allowed uses are typically smaller in scale and are intended to provide services to nearby residential areas. Oftentimes, suburban commercial areas are established because changes in traffic patterns along specific corridors or intersections make an area less desirable for residential uses. In these cases, adaptive reuse of existing residential buildings is common. Parking is typically allowed in the former residential driveway, or is located (and fully screened) in the side or rear yard.
2. 
Industrial.
The form of suburban industrial development is characterized by more open space and less impervious surface than compared to a similar industrial use in an auto-urban character area.
3. 
Residential.
The predominant form of suburban residential development is characterized by a high degree of open space on the lot. In these areas, less accommodation is made to the automobile, and in many cases, the driveways lead to side loaded garages or detached garages in the rear yard. Typically these areas are comprised of single-family detached dwellings where larger front and side yards allow for much greater building setbacks (compared to auto-urban residential areas). In some cases, single-family detached and single-family attached housing is provided in planned cluster developments, where smaller individual lot sizes are allowed in exchange for large areas of common open space, where each lot abuts the common open space.
See Chapter 2, Land Use and Character and Appendix A, Existing and Future Character Descriptions, from the Cuero Comprehensive Plan.
Character, Urban
means a character of development that is comprised of nonresidential and mixed-uses (e.g., live/work units, or residential over retail uses, etc.) where a sense of enclosure is created through the buildings being brought to the street (i.e., a build-to line), parking is on the street or in public parking lots or parking structures, and the street atmosphere is more pedestrian-friendly and walkable than in other character areas.
See Chapter 2, Land Use and Character and Appendix A, Existing and Future Character Descriptions, from the Cuero Comprehensive Plan.
Child-Care Facility
means a facility licensed, certified, or registered by the state to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
See Chapter 42, of the Tex. Human Resources Code.
Child-Care Facility, Day-Care
means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week, which could include the following:
1. 
Before or After-School Programs.
Provides care before or after, or before and after, the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend pre-kindergarten through grade six.
2. 
School-Age Programs.
Provides supervision, along with recreation or skills instruction or training, and may provide transportation, before or after the customary school day, for at least two hours a day, three days a week, to children attending pre-kindergarten through grade six. A school-age program may also operate during school holidays, the summer period, or any other time when school is not in session.
See Chapter 42, of the Tex. Human Resources Code.
Child-Care Facility, Group Home
means a child-care facility that provides care at the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
See Chapter 42, of the Tex. Human Resources Code.
Child-Care Facility, Residential (“RCCF”)
means a facility licensed or certified by the state that operates for all of the 24-hour day. The term includes general residential operations, child-placing agencies, foster group homes, foster homes, agency foster group homes, and agency foster homes, which are further defined as follows:
1. 
General Residential Operation
means a child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children’s homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps.
2. 
Child-Placing Agency
means a person, including an organization, other than the natural parents or guardian of a child who plans for the placement of or places a child in a child-care facility, agency foster home, agency foster group home, or adoptive home.
3. 
Foster Group Home
means a child-care facility that provides care for 7 to 12 children for 24 hours a day.
4. 
Foster Home
means a child-care facility that provides care for not more than six children for 24 hours a day.
5. 
Agency Foster Group Home
means a facility that provides care for seven to 12 children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards.
6. 
Agency Foster Home
means a facility that provides care for not more than six children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards.
See Chapter 42, of the Tex. Human Resources Code.
Child-Care, Family Home
means a home that provides regular care in the caretaker’s own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.
See Chapter 42, of the Tex. Human Resources Code.
City
means the City of Cuero, DeWitt County, Texas.
City Council
means City Council of the City of Cuero, DeWitt County, Texas.
Clinic
means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including diagnostic services, treatment, training, administration, and services to outpatients, employees, or visitors. The term clinic includes immediate care facilities, where urgent care treatment is the dominant form of care provided at the facility, but does not include hospital, freestanding emergency medical care facility, or state-designated trauma center.
Commercial Amusement, Indoor
means uses that provide commercial amusement indoors, including, but not limited to:
1. 
Bowling alleys and pool rooms;
2. 
Movie theaters and live theaters;
3. 
Indoor skating rinks (ice or roller);
4. 
Indoor velodromes;
5. 
Video arcades; and
6. 
Local area network computer gaming centers (not including “Internet cafes/sweepstakes”).
The phrase “commercial amusement, indoor” does not mean “sexually oriented businesses.”
Commercial Amusement, Outdoor
means uses that provide commercial amusement outdoors, including, but not limited to:
1. 
Amusement or water parks;
2. 
Batting cages;
3. 
Fairgrounds;
4. 
Miniature golf establishments;
5. 
Golf course/club;
6. 
Golf driving ranges; and
7. 
Stadiums/arenas/drive-in theaters.
The phrase “commercial amusement, outdoor” does not mean “sexually oriented businesses.”
Commercial Outdoor Sales Event
means the periodic outdoor sales of merchandise on-site by occupants of a commercial lot or parcel.
Community Garden
means a private or public area of land that is used for the noncommercial cultivation of fruits, herbs, flowers, vegetables, or ornamental plants by more than one person or family.
Computerized Sweepstakes Device
means a computer, machine, game or apparatus which upon insertion of a coin, token, access number, magnetic card or similar object, or upon payment of anything of value, may be operated by the public generally for use in a contest of skill, entertainment, amusement or chance whether or not registering a score, and which provides the user with a chance to win anything of value, on a per play basis, or any cash payout or anything that could be redeemed, directly or indirectly for any cash payout and which is not gambling under state or local laws.
The phrase “computerized sweepstakes device” does not include machines designated for use by the State Lottery Commission.
Concept Plan
means an approved plan that is required of all multi-phased developments so that the Planning and Zoning Commission can render a determination on each preliminary and/or final plat in context of how the entire project will be developed as a whole.
Conditional Use
means a use, which because of its potential impacts, may be permitted in a given zoning district (as specified in Division 2.100, Permitted, Limited, Conditional, Temporary, and Prohibited Uses), only after public hearing review and issuance of a conditional use permit. Conditional uses are subject to general standards (see Section 14.402, Conditional Use Permits) and specific standards (see Division 2.200, Limited and Conditional Use Standards), which are intended to improve compatibility for abutting properties and the community as a whole.
Conditional Use Permit
means a discretionary approval granted by the Planning and Zoning Commission for conditional uses.
Condominium
means a set of legal interests in real property consisting of:
1. 
An undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with
2. 
A separate interest in real property, in an interest or interests in real property, or in any combination thereof.
Cottage
means a small single-family detached dwelling unit with ground level gross floor area of less than 1,000 square feet which is intended for small lots in specified zoning districts.
Covenants, Conditions, and Restrictions
means a restriction on the use or development of land, or which requires affirmative actions to be performed (e.g., the payment of dues to a property owners’ association, maintenance of common open space, etc.), that is set forth in a recorded agreement, and that runs with the land (i.e., it is binding upon subsequent owners of the property).
Cut-off Fixture
means an outdoor lighting fixture, or luminaire, with shields, reflectors, or panels that direct and cut off the light at an angle that is less than 90 degrees.
D Terms
Department,
where not used in reference to a specific department (e.g., “Utilities Department”), means the Planning and Development Department (or title as amended).
Developer
means a person seeking to construct buildings or structures, or otherwise improve a parcel proposed for development as defined in this UDC.
Development
means the construction of a new building or other structures on a lot, the relocation of an existing building on another lot, or the use of open land for a new use. In addition, it also means any man-made change to improved or unimproved land, buildings, or structures, including, but not limited to, parking, fences, pools, signs, temporary uses, and any land disturbing activities, including, but not limited to clearing of land, dredging, filling, grading, paving, or excavation.
Drilling
means digging or boring a new well for the purpose of exploring for, developing or producing oil and/or gas or other hydrocarbons, or for the purpose of injecting gas, water, or any other fluid or substance into the earth to develop, produce or improve the production of oil and/or natural gas or other hydrocarbons (see also “oil/gas operations”).
Drive-in/Drive-Through Facility
means a facility used by an approved use to provide service to customers in vehicles who either:
1. 
Drive up to a window or station; or
2. 
Drive through the building for purchases.
Driveway
means a private accessway, primarily for vehicles, leading from a street to a parking or loading area.
Dry Hydrant
means an unpressurized, permanently installed pipe that has one end below the water level of a pond or container.
Duplex
means a single-family attached building which contains two dwelling units, each of which is totally separated from the other by:
1. 
An unpierced wall extending from foundation to roof (“side-by-side” duplex); or
2. 
A ceiling/floor that extends from exterior wall to exterior wall, pierced only by a stairway that is not inside of either dwelling unit (“over-under” duplex).
Industrialized duplex housing shall be required to have similar exterior siding, roofing, roofing pitch, foundation fascia, fenestration, and a value equal to or greater than the median taxable value for each duplex dwelling unit located within 500 feet of the lot in on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county.
See Tex. Occ. Code Section 1202, Industrialized Housing and Buildings.
Dwelling Unit
means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family, with separate facilities for all of the following: sanitation, living, sleeping, cooking, and eating.
The term dwelling unit may also means industrialized housing.
E Terms
Easement
means any portion of a lot subject to an agreement between a private property owner and another party which grants the other party the right to make limited use of that portion of the property, whether on, over, or under the property, for a specified purpose.
Effective Date
means the date that this UDC is adopted, amended, or the date land areas became subject to the regulations contained in this UDC as a result of such adoption or amendment. As the UDC is amended, the effective date may be different for different Sections.
Elevated Building
means a non-basement building, which has its lowest elevated floor, raised above the base flood elevation by foundation walls, shear walls, posts, piers, pilings, or columns to comply with local, state, and/federal floodplain management regulations.
Encroachment
means:
1. 
Generally:
a. 
A building or structure, or part thereof, that is located:
i. 
Between a lot line and the nearest required setback line for the building or structure; or
ii. 
In an easement which does not allow for the building or structure; or
b. 
A part of a building or structure that crosses a lot line:
i. 
Into another lot under separate ownership; or
ii. 
Onto a right-of-way.
2. 
As referred to in Division 6.200, Floodplain Management and Flood Damage Prevention, an addition to or change to the physical condition of a specified type of flood hazard area that results in the blockage, diversion or displacement of floodwaters.
Erosion
means the process by which the land surface is worn away by the action of water, wind, ice or gravity.
Event Facility
means a facility that may temporarily hold a large number of persons that attend a special use such as a conference, ceremony, exhibit, etc. (e.g., banquet hall or lodge). Meals may or may not be served or made available in such facilities.
Excavation
means any act by which earth, sand, gravel, rock, or other earthen material is cut into, dug, uncovered, displaced, or relocated.
Existing Manufactured Home Park or Subdivision
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations.
Existing Structure
means structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date.
Expansion to an Existing Manufactured Home Park or Subdivision
means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Extraterritorial Jurisdiction (ETJ)
means an unincorporated area that is contiguous to the corporate boundaries of the municipality which potentially allows the municipality to extend some regulatory provisions (e.g., the subdivision of property less than five acres in size) in the unincorporated area as a means to protect the general health, safety, and welfare of persons residing in and adjacent to the municipality, and as a means to define future growth and service boundaries.
F Terms
Family
means one person living alone, or group living together as a single nonprofit household unit in a dwelling unit, as follows:
1. 
Two or more persons where they are all related to one another by blood, marriage, or legal adoption;
2. 
Up to two persons not related by blood, marriage or legal adoption.
Fill
means a deposit of materials of any kind placed by artificial means.
Floatable Materials
means any material that is not secured in place or completely enclosed in a structure, so that it could float off-site during the occurrence of a flood and potentially cause harm to downstream property owners, or that could cause blockage of a culvert, bridge or other drainage facility. This includes, without limitation, lumber, vehicles, boats, equipment, trash dumpsters, tires, drums or other containers, pieces of metal, plastic or any other item or material likely to float.
Flood or Flooding
means a general and temporary condition of partial or complete inundation of normally dry lands areas from:
1. 
The overflow of waters; and/or
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Elevation Study
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood Fringe
means the portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.
Flood Insurance Rate Map (FIRM)
means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study.
See the phrase “flood elevation study.”
Floodplain or Floodprone Area
means any land area susceptible to being inundated by water from any source. See the term “flood or flooding.”
Floodplain Management
means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
Floodplain Management Regulations
means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Floodproofing or Floodproofed
means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodway (or “Regulatory Floodway”)
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Floor Area Ratio (“FAR”)
means a measure of the intensity of development of a lot or parcel.
Footcandle
means the unit of illuminance equal to one lumen per square foot.
Fraternal Organization
means a group of people formally organized for a common interest (e.g., culture, religion, or public service), with regular meetings and formal written membership requirements.
Frontage
means the total length of the line or curve of a lot boundary that is coterminous with a street right-of-way line. For corner lots, frontage may be calculated for each street.
Functionally Dependent Use
means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water.
G Terms
Garage Sale
means all sales which are open to the public and conducted from or on residential property, which are for the purpose of selling items of the residents’ tangible personal property. Garage sales are also commonly known as “lawn,” “yard,” “attic,” “porch,” “room,” “back yard,” “patio,” or “rummage” sales. In some cases, multiple households, or entire neighborhoods may organize a single day or group of consecutive days to host a neighborhood garage sale.
Glare
means the sensation produced by luminance with the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.
Golf Course/Club
means a tract of land that is designed for the game of golf, including tees, fairways, greens, and hazards, and/or a tract of land on people drive golf balls from a central driving tee (e.g., a driving range). Such uses may also include a clubhouse, pro shop, golf equipment rental, and incidental food vending.
The phrase “golf course/club” subsumes the uses “recreation/personal fitness, indoor,” and “recreation/personal fitness, outdoor,” when those are uses are present and incorporated into an overall golf course/club facility.
Gross Floor Area (GFA)
is the sum of the total horizontal areas of every floor of every building on a lot.
Ground Cover
means low growing plants that are planted [in] landscape areas in such a manner as to form a continuous cover over the ground, such as turf, liriope, ground cover jasmine, or like plants that can be maintained at or below two feet in height. The phrase “ground cover” includes grasses, ornamental grasses, vines, and other herbaceous material.
H Terms
Hazardous Waste Management Facility
means all contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of hazardous waste. The phrase includes a publicly or privately owned facility consisting of processing, storage, or disposal operational hazardous waste management units such as one or more landfills, surface impoundments, waste piles, incinerators, boilers, and industrial furnaces, including cement kilns, injection wells, salt dome waste containment caverns, land treatment facilities, or a combination of units.
See Tex. Health and Safety Code Section 361.003.
Heavy Industry
means:
1. 
Any use that is classified as a “high hazard” occupancy by the City; or
2. 
Primary processing or manufacturing or repair operations not specifically defined elsewhere in this Section, which involve:
a. 
An outside storage area that is larger than the area of the first floor of buildings on the same lot;
b. 
A material risk of environmental contamination, explosion, or fire;
c. 
Perceptible ground vibration;
d. 
Excessive noise or dust;
e. 
Emission of objectionable odors; or
f. 
More than 12 trips by semi-trailer trucks per day; or
3. 
Processing of minerals (except precious and semi-precious stone cutting for jewelry or precision instruments such as lasers or watches), ores, or fossil fuels; or
4. 
Industries that are required to undergo New Source Review under the Federal Clean Air Act, or are subject to construction or operation permits pursuant to the Title V of the Federal Clean Air Act; or
5. 
For illustrative purposes, heavy industrial uses include, but are not limited to:
a. 
Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants (furnace process); petroleum refineries; petroleum storage and transfer units (except retail gasoline stations); and bulk fuel dealers;
b. 
Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops);
c. 
Portland cement plants (not temporary batch plants);
d. 
Sawmills and pulp mills;
e. 
Incinerators with the capacity to charge more than 250 tons of refuse per day;
f. 
Lime plants; phosphate rock processing plants; sulfur recovery plants; and hydrofluoric, sulfuric, or nitric acid plants;
g. 
Fossil fuel combustion (boilers or electricity generation) totaling more than 250 million BTUs per hour of heat input;
h. 
Fabrication of building materials such as countertops, drywall, and cut stone;
i. 
Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated homes or home components;
j. 
Dry-cleaner processing plants that use PERC or comparable petrochemical solvents;
k. 
Meat or seafood processing plants;
l. 
Manufacture of glass products (e.g., window panes, bottles and jars), except hand-blown products;
m. 
Manufacture of plastic products (except assembly of parts that are manufactured elsewhere);
n. 
Plasma arc welding, cutting, gouging, surfacing, or spraying; gas welding (but not brazing); arc welding with equipment that is rated at more than 200 amps;
o. 
TIG welding; and other heavy welding procedures (e.g., for structural steel, automotive body, or heavy equipment manufacture or repair);
p. 
Hot mix asphalt plants; and
q. 
Fossil fuel power plants, waste-to-energy plants, and biomass plants that produce more than 100 megawatts of electricity.
Heavy Retail/Home Center
means retail and/or service activities that have regular outside service or outside storage areas, exceptionally large floor areas, or partially enclosed structures, as listed below:
1. 
Permanent retail operations that are located outside of enclosed buildings, except nurseries;
2. 
Home centers;
3. 
Lumber and other building materials;
4. 
Lawn, garden equipment, and related supplies stores;
5. 
Warehouse clubs and super stores; and
6. 
Manufactured home sales.
Helistop
means an area used for the take-off and landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. The use of the helistop is restricted to specific users or purposes (e.g., tenants of a corporate park, a hospital trauma center, etc.), and the term does not include facilities for general helicopter aviation use.
Highest Adjacent Grade
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic Structure
means
1. 
For floodplain management purposes, any structure that is:
a. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
d. 
Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
i. 
By an approved state program as determined by the Secretary of the Interior or;
ii. 
Directly by the Secretary of the Interior in states without approved programs.
2. 
For all other purposes, any structure that contributes to the historic value of a heritage property or landmark property.
Home Occupation
means a lawful business, occupation or activity conducted for financial gain from within a dwelling unit, where:
1. 
Such use is incidental and accessory to the use of the building as a residence by the person engaged in the home occupation; and
2. 
Such use does not involve any of the following:
a. 
Sale of goods to customers on the premises;
b. 
Opening of the home to the public for the sale of goods or services without an invitation or appointment;
c. 
Mechanical equipment that is not normally associated with domestic household use;
d. 
Modification of the exterior of the home; or
e. 
Outside storage of equipment used for business purposes.
The phrase “home occupation” does not include any type of “child-care facility” as defined by this UDC.
Hospital
means a “general hospital” or a “special hospital,” as defined in Tex. Health and Safety Code Section 241.003, and includes all subclassifications thereof, or a “freestanding emergency medical care facility” as defined in Tex. Health and Safety Code Section 254.001.
I Terms
Illuminance
means a measure of how much light is falling onto a surface, typically measured in footcandles.
Impervious Surfaces
means an area that do not allow significant amounts of water to infiltrate into the ground. Examples of impervious surfaces are blacktop and concrete.
Improved Hard Surface
means any street, driveway, alley, or parking lot surface paved with asphalt, concrete, brick pavers, or other approved uniform, hard material so as to provide a durable and dust-free surface for vehicular traffic.
Improvement
means any building, structure, bridge, parking area, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition, or the process of installing such additions.
Industrialized Building
means a nonresidential structure that is constructed off-site as one or more modular components (including the installation of plumbing, heating, air conditioning, and electrical systems), bearing an approved decal or insignia, and then transported to the site to be affixed to a permanent foundation. To approve a building permit for an industrialized building, the Building Official shall review the designs, plans, and specifications, whereby each page must be stamped by the Texas Industrialized Building Code Council (which is the state-designated authority that ensures that all preconfigured modular components are in compliance with state-mandated building codes). On-site building code inspections are to be made by the state-designated authority and witnessed by the Building Official.
See Tex. Occ. Code Section 1202, Industrialized Housing and Buildings.
Industrialized Housing
means a residential structure that:
1. 
Includes the structure’s plumbing, heating, air conditioning, and electrical systems and is:
a. 
designed for the occupancy of one or more families;
b. 
constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
c. 
designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
2. 
Industrial housing does not include:
a. 
a residential structure that exceeds three stories or 49 feet in height;
b. 
housing constructed of a sectional or panelized system that does not use a modular component; or
c. 
a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
To approve a building permit for industrialized housing, the Building Official shall review the designs, plans, and specifications, whereby each page must be stamped by the Texas Industrialized Building Code Council (which is the state-designated authority that ensures that all preconfigured modular components are in compliance with state-mandated building codes). On-site building code inspections are to be made by the state-designated authority and witnessed by the Building Official.
See Tex. Occ. Code Section 1202, Industrialized Housing and Buildings.
Internet Cafe/Sweepstakes
means any premises upon which a computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever.
J Terms
K Terms
L Terms
Land Disturbing Activity
means clearing, grading, excavating, filling, dumping, grubbing, stripping, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
Landscape Area
means that portion of a lot or parcel proposed for development which is required to contain landscape materials such as grass, ground covers, shrubs, vines, hedges, trees, and berms. Impervious surfaces are not counted as landscaped areas.
Landscape Surface Area
means the surface area of land not covered by any buildings, storage areas, or impervious surfaces. These areas shall be maintained as lawn, formally or informally landscaped areas, or natural areas, and may be left undisturbed.
Landscape Surface Ratio (“LSR”)
means the ratio of landscaped surface to a unit of land area.
Light Fixture/Luminaire
means the physical unit that holds a lamp and that may include parts to redirect the light produced by the lamp.
Light Industry
means uses that involve assembly, compounding, packaging, or treatment of products from previously prepared materials, with limited outside storage and limited external impacts or risks. For illustrative purposes, light industrial uses include:
1. 
Assembly or refurbishing of products, instruments, electronics, office and computing machines, and fixtures from pre-manufactured components;
2. 
Offices of general contractors, specialty subcontractors, or tradesmen which include:
a. 
Bay door access to indoor storage of tools, parts, and materials;
b. 
Parking of commercial vehicles; or
c. 
Outdoor storage areas that are smaller than the area of the first floor of the building that are used for storage of materials or vehicles that are less than 12 feet in height;
3. 
Communications facilities, except wireless telecommunications facilities;
4. 
Data centers, server farms, telephone exchange buildings, and telecom hotels;
5. 
Food production and packaging other than meat and seafood processing, restaurants, or produce packing that does not involve other processing;
6. 
Furniture making or refinishing;
7. 
Manufacture of textiles or apparel;
8. 
Screen printing of apparel;
9. 
Printing and publishing, except copy centers, and except printing presses that require a Texas Clean Air Act Permit or a Federal Clean Air Act Permit (these are heavy industry);
10. 
Disassembly of consumer electronics and/or appliances into component parts, where all operations and storage are within an enclosed building;
11. 
Manufacture or compounding of pharmaceutical products, dietary supplements, health and beauty products, and herbal products; and
12. 
Packaging of consumer products.
Limited Use
means a use that is allowed in a zoning district, subject to special standards that mitigate its impact on the environment or other uses in the district or that prevent a concentration of the use in a particular area. In some cases, the special standards may prohibit the use from being developed on every property in a district.
Live-Work Unit
means a dwelling unit that provides space that is designed for one or more commercial or office uses that are allowed in the zoning district. Access between the dwelling unit and the commercial or office space is provided within the unit or from an exterior stairwell.
Lot
means a contiguous area of land with boundaries established by a legal instrument such as a recorded deed, court order, or a recorded plat, which is recognized as a separate legal entity for purposes of transfer of title. The term “lot” does not include areas within rights-of-way and shall not be construed to allow the creation of lots that are not lawfully created in conformance with the provisions of this UDC (see also lot of record).
Lot Area
means the area of a lot taken at its perimeter exclusive of any portion within a public or private street right-of-way.
Lot[,] Corner
is a lot situated at the junction of two or more streets.
Lot Coverage
means the ratio of gross floor area of all buildings and structures and all areas that are associated with driveways and parking lots on a lot to the total lot area, expressed as a percentage.
Lot Depth
is the length of a line connecting the midpoints of the front and rear lot lines.
Lot, Double Frontage
is any lot, not a corner lot, with frontage on two streets which are parallel to each other or within 45 degrees of being parallel to each other.
Lot, Interior
is a lot other than a corner lot.
Lot, Irregular
is any lot not having equal front and rear lot lines or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than 90 degrees.
Lot Line
means the boundary of a lot separating it from an abutting lot, or the dividing line between lots, pieces or parcels of land, without regard to any recorded subdivision plat.
1. 
“Front Lot Line” means the lot line which abuts a public street, private street, or easement of access. The lot owner shall designate the front lot line for any corner lot or through lot and such designation may not be changed after the principal building is erected.
2. 
“Rear Lot Line” means:
a. 
For a quadrangular lot, the lot line which is not tangent to any point on the front lot line.
b. 
For a polygonal or irregularly shaped lot, the course, whether straight or curved, along the lot line, the center point of which is most remote, in linear distance, from the center point of the front lot line.
c. 
For a triangular lot, the junction point of the two side lines which point shall be treated as the rear lot line.
3. 
“Side Lot Line” means the lot lines that run generally perpendicular or at angles to the street or any lot line which is not a front or rear lot line.
Illustrative Lot Lines
-Image-47.tif
Lot of Record
means a lot which is part of a subdivision, the plat of which has been recorded in the office of the DeWitt County Clerk or parcel of land the deed (including metes and bounds description) for which was recorded in the office of the DeWitt County Clerk prior to January 1, 1986.
Lot Width
means the distance across the lot (side lot line to side lot line).
Lowest Floor
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
Low Impact Development
means a comprehensive land planning and engineering design approach with the goal of maintaining, as a minimum, the pre-development hydrologic regime on the site without solely using traditional storm drainage conveyance systems (e.g., detention/retention basins) to satisfy drainage and flood mitigation requirements. LID integrates small-scale measures scattered throughout the development site, including such things as constructed green spaces, native landscaping, and a variety of innovative bioretention (e.g., bioswales) and infiltration techniques to capture and manage stormwater on-site. LID reduces peak runoff by allowing rainwater to soak into the ground, evaporate into the air, or collect in storage receptacles for irrigation and other beneficial uses. In areas with slow drainage or infiltration, LID captures the first flush before excess stormwater is diverted into traditional storm conveyance systems.
M Terms
Manufactured Home
(also known as a “HUD-code manufactured home”):
1. 
means a structure:
a. 
constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
b. 
built on a permanent chassis;
c. 
designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
d. 
transportable in one or more sections; and
e. 
in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet;
2. 
includes the plumbing, heating, air conditioning, and electrical systems of the home; and
3. 
does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).
See Tex. Occ. Code Section 1201, Manufactured Housing.
Manufactured Home Lot or Space
means a part of a parcel of land located within a manufactured home park or subdivision designed to meet the minimum provisions set out in this UDC for the placement of a single manufactured home, which can be further classified as follows:
1. 
Manufactured Home Lot.
A part of a parcel within a manufactured home subdivision which is owned in fee-simple by the owner of the property; or
2. 
Manufactured Home Space.
A undivided space within a manufactured home park which is established for identification purposes, used to calculate the minimum requirements as set out in this UDC, and is under common ownership.
This term does not apply to manufactured homes that are located on lots or parcels not associated with a manufactured home park or subdivision.
Manufactured Home Park or Subdivision
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent (“Manufactured Home Park”) or sale (“Manufactured Home Subdivision”).
Manufactured Home Sales
means a business engaged in the sales or rental of manufactured homes.
Mayor
means the Mayor of the City of Cuero, DeWitt County, Texas.
Mean Sea Level,
for purposes of the National Flood Insurance Program, means the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM) are referenced.
Medical Lab
means a facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally recognized in the health care industry.
Meeting Hall
means a building that is designed for public gatherings or meetings.
Mining/Extraction
means uses that involve extraction of minerals and fossil fuels from the ground, including surface and subsurface mining, drilling (excluding oil and gas operations), and quarrying facilities.
The phrase “mining/extraction” does not mean “oil/gas operations.”
Mixed-Use
means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development.
Mobile Home:
1. 
means a structure:
a. 
constructed before June 15, 1976;
b. 
built on a permanent chassis;
c. 
designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
d. 
transportable in one or more sections; and
e. 
in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet; and
2. 
includes the plumbing, heating, air conditioning, and electrical systems of the home.
See Tex. Occ. Code Section 1201, Manufactured Housing.
Mobile Home Park
means unified development of mobile homes that has been a nonconforming use in the City since November 8, 1984.
Model Home/On-Site Real Estate Office
means a dwelling unit temporarily used as a sales office for on-site sales of individual units in a residential subdivision or condominium development under construction.
1. 
Model homes are used to display the layout and finishes of other dwelling units that are or will be available for sale within a subdivision or condominium development.
2. 
Sales offices can be located in a model home, condominium unit, or in a separate modular unit located on-site in the subdivision or condominium development.
Multi-family
means buildings that contain three or more dwelling units that:
1. 
Are accessed by from interior elevators or hallways, or from individual exterior entrances (e.g., an apartment complex);
2. 
Are separated by interior walls and/or floors; and
3. 
Are intended to be rented, leased, or owned as a condominium by a family.
The term multi-family does not include boarding houses, dormitories, fraternities, sororities, single-family attached, or overnight accommodations (e.g., hotels and motels).
4. 
N Terms
Neighborhood Special Event
means a temporary outdoor use of private property in a district zoned residential that is sponsored by the subdivision and is likely to generate visitors sufficient in quantity to obstruct, delay, or interfere with the safe and orderly movement of pedestrian or vehicular traffic (e.g., a subdivision-wide yard sale).
New Construction
means:
1. 
For the purpose of determining flood insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
2. 
For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
3. 
For all other purposes, “new construction” means construction in a location where no buildings or structures existed at the time a permit is sought pursuant to this UDC, except where such construction is a modification or expansion of an existing building or structure into an additional land area.
New Manufactured Home Park or Subdivision
means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations.
Nonconforming Use
means a use of land or use of a building or structure lawfully existing at the time this UDC or a subsequent amendment to this UDC became effective which does not conform to the use requirements of the zoning district in which it is located.
Nonresidential
means any use, building or structure (or portion of a building or structure) occupied or intended to be occupied, in whole or in part, for a use other than a dwelling unit, home, residing place, or permanent living space or sleeping space for one or more human beings.
Nursery/Greenhouse, Retail
means an enterprise that conducts the sale of plants grown off of the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not power equipment) that are directly related to the care and maintenance of landscapes. The term “nursery/greenhouse, retail” does not include the cultivation of trees (or other vegetation normally associated with landscaping) where the principal use is growing nursery stock for sale at off-site retail businesses, as this is more appropriately classified as agriculture.
Nursery/Greenhouse, Wholesale
means an enterprise that conducts the sale of plants grown on the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not power equipment) that are directly related to the care and maintenance of landscapes.
Nursing/Convalescent Home
means an establishment that
1. 
Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and
2. 
Provides minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or other services that meet some need beyond the basic provision of food, shelter, and laundry.
O Terms
Obstruction
means any physical barrier, structure, material or impediment in, along, across or projecting into a watercourse that may alter, impede, retard or change the direction or velocity of the flow of water, or that may, due to its location, have a propensity to snare or collect debris carried by the flow of water or to be carried downstream. Obstruction shall include, but not be limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, and vegetation in, along, across or projecting into a watercourse.
Office, General
means uses in which professional, business, information processing, or financial services are provided. The term includes such uses as:
1. 
Accounting, auditing and bookkeeping;
2. 
Administration of businesses (e.g., corporate headquarters);
3. 
Advertising and graphic design;
4. 
Architectural, engineering, geo-technical, urban planning, and surveying services;
5. 
Attorneys and court reporters;
6. 
Banks, mortgage companies; and financial services;
7. 
Call centers;
8. 
Computer programming;
9. 
Counseling services;
10. 
Data processing and word processing services;
11. 
Detective agencies;
12. 
Government offices;
13. 
Insurance;
14. 
Interior design;
15. 
Real estate sales;
16. 
Research and development that does not include on-site manufacturing;
17. 
Retail catalog, Internet, and telephone order processing, but not warehousing; and
18. 
Virtual office services.
Office, Medical
means office space used for the examination and/or treatment of patients on an outpatient basis (with no overnight stays by patients), generally by appointment, by such professionals as:
1. 
Medical doctors (e.g., physicians, pediatricians, obstetricians, gynecologists, radiologists, geriatricians, general and specialist surgeons, podiatrists, ophthamologists, anesthesiologists, etc.) and nurses;
2. 
Dentists, endodontists, orthodontists, and periodontists;
3. 
Optometrists;
4. 
Midwives;
5. 
Physical therapists, occupational therapists, and speech therapists;
6. 
Chiropractors, licensed massage therapists, and acupuncturists;
7. 
Nutritionists and homeopaths;
8. 
Psychiatrists, clinical psychologists, clinical social workers, and marriage and family therapists;
9. 
Physiatrists, physiotherapists, orthotists, prosthetists, recreational therapists, audiologists, respiratory therapists, rehabilitation counselors, prosthetic technicians, and personal care assistants; and
10. 
Other comparable health care professionals.
The phrase “medical office” includes the phrase “medical lab” to the extent necessary to carry out diagnostic services for the medical office’s patients. The phrase “medical office” does not include the phrase “clinic.”
Official Zoning Map
means the map showing the location and boundaries of the zoning districts established by this UDC. This map is entitled, the “Official Zoning Map of the City of Cuero, Texas.”
Oil/Gas Operations
include but is not limited to exploration, construction, site preparation, operation, maintenance, or use of any installation, facility or structure, directly or indirectly, to carry out or facilitate one or more of the following functions: repair, development, drilling, re-working, re-drilling, production, storage, processing, plugging, extraction, enhanced recovery, fracturing, pressurizing, stimulation, abandonment or shipping of oil or gas from the subsurface of the earth, including site development.
The phrase “oil/gas development” does not mean “mining/extraction.”
On-site Recreation and Leisure Area
means an outdoor common open space area within a parcel proposed for development which is designed and designated for use by residents of the development for recreation or leisure activities. Such areas may include playground equipment, play courts, swimming pools, formal plazas with seating areas, community gardens, or other comparable features. The phrase “on-site recreation and leisure area” does not include trails.
Opacity
means the measurement of the screening effectiveness of a bufferyard or fence, expressed as the percent of view across the bufferyard or fence that may be blocked to a height of 35 feet, based on the spacing of fence slats or expected volume of landscape material at a variety of heights that is likely to result from a given planting program.
Open Space
means land areas that are left undeveloped from ground to sky in order to meet the open space ratio or other landscaping requirements (e.g., bufferyards, parking lot landscaping, etc.) of this UDC.
1. 
Common Open Space
means areas of a parcel proposed for development that are used for open space, landscape areas (provided that the area of landscaping is not less than five feet in any dimension), on-site recreation and leisure areas and naturalized stormwater best management practices.
Open Space Ratio (OSR)
means the proportion of a development required to be set aside and preserved as open space. Minimum OSRs for residential development are set out in Section 3.101, Development Standards for New Residential Neighborhoods.
Overnight Accommodations
means places that offer overnight accommodations for short-term rental in increments of not less than 20 hours, including hotels, motels, and commercial inns.
Owner/Operator
means the person who owns the property, or a person who operates on or manages the property, including any employees or outside contractors who are engaged to work on or from the property.
P Terms
Parcel Proposed for Development
means any legally described parcel of land which is designated by the owner or developer as land to be used or developed as a single unit, or which has been developed as a unit as determined by the Building Official. Parcels proposed for development oftentimes go through the subdivision process to create individual lots.
Parking Aisle
means the area of a parking lot or parking structure which provides for vehicular access to off-street parking stalls. The phrase “parking aisles” does not include the word “driveway” or the phrase “access point.”
Parking Lot
means an area of land that is designated for parking spaces for automobiles and light trucks, the related parking aisles, the landscaped areas that are surrounded by the parking lot’s paved areas, and the landscaped areas at the corners of the paved areas insofar as their inclusion in the parking lot area gives it a regular shape. The phrase “parking lot” does not include driveways on individual residential lots, nor does it include individual garages or carports. Parking lots that are principal uses of property are not related to a specific land use on the same parcel.
Parking Row
means a row of parking spaces that are parallel to each other and take access to a parking aisle or street. Parking rows may exist as singular rows, or may be located back-to-back to each other providing access to different, but parallel parking aisles.
Parking, Shared
means parking lots or spaces which is shared by tenants, visitors, and the general public.
Parking Space
means an area of land designated for the parking of motor vehicles, and connected to a street, parking aisle, or other accessway.
Parking, Stand-Alone
means parking lots or parking structures that are not provided as required parking for a specific use, and where a fee for use is typically charged. The phrase “parking, stand-alone” also includes facilities that provide both parking for a specific use and regular fee parking for people not connected to the use. The phrase includes small structures intended to shield attendants from the weather.
Parking Structure
means a structure that is composed of one or more levels that are used exclusively for parking spaces for motor vehicles. A parking structure may be totally below grade (underground parking structure); or partially or totally above grade (above-ground parking structure); and may be separate from or integrated into a building that is used for other purposes. Parking structures include parking lifts. Parking structures that are principal uses of property are not related to a specific land use on the same parcel.
Pattern Book
means a guide for the development of buildings that establishes standards for the form, proportion, massing, architectural styles, color, materials, and detail requirements of buildings.
Pawn Shop
means an establishment that is engaged in the business of:
1. 
Lending money on the security of pledged goods; or
2. 
Purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.
See Tex. Finance Code Section 371.003.
Permanent Foundation
means permanent masonry, concrete, or a footing or foundation to which a manufactured home or industrialized housing, industrialized building, building, or structure may be affixed.
Permit
means one or more documents issued by the City allowing a person to begin an activity provided for in this UDC or other codes, ordinances, and regulatory provisions administered by the City. A permit allows only the activity (e.g., temporary uses), work, or development specified in the permit.
Permitted Use
means a use that is allowed by right in a zoning district after the issuance of a permit (in most cases), provided such use is authorized as a permitted use by this UDC and the Building Official determines compliance with all applicable provisions of this UDC and other applicable ordinances and regulations.
Place of Public Assembly
means a building in which people assemble for civic, educational, religious, or cultural purposes. This use includes facilities used for the following:
1. 
Event Facilities;
2. 
Fraternal Organizations;
3. 
Meeting Halls; and
4. 
Places of Worship.
The phrase “place of public assembly” does not include the phrase “recreation/personal fitness, indoor” or “commercial amusement, indoor” or “school, private” or “school, public.”
Place of Worship
means a facility where persons regularly assemble for religious purposes and related social events.
Planned Cluster
means a type of residential neighborhood in which single-family detached and single-family attached dwelling units are concentrated on a portion of the parcel proposed for development, in order to allow the remaining land to be used for recreation, open space, or preservation of sensitive land areas.
Planning and Zoning Commission
means the Planning and Zoning Commission of the City of Cuero, DeWitt County, Texas.
Plat
means a document, prepared by a registered land surveyor or engineer, which delineates property lines and shows monuments and other landmarks for the purpose of identifying property. Once approved by the applicable decision-making authority, plats are submitted to the DeWitt County Clerk for recording and create legal lots of record.
Plat, Amending
means a replat that addresses minor changes, corrections of clerical errors, or limited modifications affecting a limited number of property owners or lots.
Plat, Final
is a subdivision plat which is a complete and exact subdivision plan prepared in conformity with the provisions of this UDC and in a manner suitable for recording with the DeWitt County Clerk.
Plat, Minor
means a subdivision plat or plan that involves four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of public utilities. Minor plats are approved administratively by the Building Official and are submitted to the DeWitt County Clerk for recording, as appropriate.
Plat, Preliminary
is a subdivision plat that includes a plan of a subdivision or of a land development, including all required supplementary data, showing the approximate proposed street and lot or site layout, or a plan of existing private streets to be dedicated to public use, as a basis for consideration prior to the preparation of a final plat. Preliminary plats are not submitted to the DeWitt County Clerk for recording.
Plat, Replat
means a plat that is recorded and controls over the preceding plat over a subdivision or portion of a subdivision in conformance with the provisions set out in Texas Local Government Code.
See Tex. Local Gov’t Code Section 212.014, et seq.
Plat, Subdivision
is a plat that depicts the subdivision of land into lots and blocks (and sometimes the combination of land), and is the product of a process that simplifies legal property descriptions and dedicates lands for public use. For the purposes of the UDC, subdivision plats can be further classified as:
1. 
Amending Plats;
2. 
Final Plats;
3. 
Minor Plats;
4. 
Preliminary Plats; and
5. 
Replats.
Plat, Vacating
means a replat to eliminate the subdivision of property reflected by a prior plat.
Portable Storage Unit
means an enclosed storage container less than 20 feet in length that may be used to transport goods, but may then also be stationary on a single site for any period of time before or after transport. The term includes, but is not limited to:
1. 
A truck container, with or without the chassis attached to it;
2. 
A moving van;
3. 
A portable on demand (POD) moving container;
4. 
A pre-assembled storage structure; or
5. 
A shipping container.
Power Generation, Small Scale (Renewable/Noncombustible)
means facilities that generate electricity from renewable noncombustible sources (e.g., wind, water, geothermal, or solar, but not alcohol or biodiesel) and deliver it to the power grid as either base load or peak load, also known as a “power plant” or “peaker power plant”; that are scaled to serve more than one building, but are not utility scale. The capacity rating of small scale power generation does not exceed two megawatts.
The phrase “power generation, small scale (renewable/noncombustible)” does not mean “small wind energy system,” which is permitted as an accessory structure as set out in Section 11.105, Solar Arrays and Small Wind Energy Systems (SWES).
Power Generation, Utility Scale
means utility scale power plants that generate electricity using fossil fuels or renewable fuels, such as biomass, biodiesel, alcohol, wind, water, geothermal, or solar and delivers it to the power grid as either base load or peak load, also known as a “power plant” or “peaker power plant.”
Principal Building
means a building in which the principal use of a lot or parcel is conducted.
Principal Structure
means, if there is no principal building the structure in which the principal use of a parcel is located, or the largest structure on a parcel. Fences and garden walls are not principal structures.
Principal Use
means the main use to which a parcel, lot, or premise (e.g., a leased space in a shopping center) is put.
Private Restrictions
means easements (also known as servitudes), covenants, conditions, and/or restrictions on property which are enforceable between private parties.
Prohibitive Use
means a use that is not allowed in the specified zoning district and in some cases the entire City.
Property Lines.
See Lot Line.
Property Owners’ Association
means an incorporated nonprofit organization operating under recorded land agreements through which:
1. 
Each lot, unit, or home or business owner in a planned cluster subdivision (or other described land area) is automatically a member;
2. 
Each lot, unit, or homeowner or business owner is automatically subject to a charge for a proportionate share of the expense of the organization’s activities (e.g., maintaining open space, common open space, or other commonly owned property such as entrance monuments and landscaping); and
3. 
The charge, if unpaid, becomes a lien against the property.
Property owners’ associations may also be called such things as “community associations,” “condominium associations,” “homeowner associations,” “neighborhood associations,” etc.
Protected Tree
means:
1. 
Individual Trees.
Any tree (including historic street trees) of at least eight inches in diameter at breast height (DBH) measured 24 inches above grade which is on the approved plant list (see Appendix A, Plant Lists) or established for at least five years and not on the prohibited plant list.
2. 
Required Trees.
Any tree that is shown on an approved landscape plan that is necessary to:
a. 
Meet the planting requirements of this UDC; or
b. 
Meet a condition of approval of the development to which the landscape plan applies.
3. 
Trees on Historic Properties.
Any tree with a DBH of five inches or more on a property which is:
a. 
Designated as an historic landmark; or
b. 
Within a local historic district.
4. 
Exceptions.
Trees which meet the above criteria are not considered protected trees if they are:
a. 
Overmature;
b. 
Diseased;
c. 
Poor in form; or
d. 
Leaning heavily over buildings.
Public Special Event
means any planned special event or gathering held on private property, regardless of whether a fee is charged, which invites the general public to an identifiable place and at a specified time and is likely to generate visitors sufficient in quantity to obstruct, delay, or interfere with the safe and orderly movement of pedestrian or vehicular traffic. Public special events could include outdoor gatherings; auctions; art sales; outdoor festivals, concerts, or parades; auctions; carnivals; circuses; outdoor meetings; special athletic activities (e.g., running races), and special entertainment at commercial properties, etc.
Public Utilities
mean utility substations or transmission and local distribution facilities, including electric, gas, telephone, sewer, water, and stormwater. Whether a substation or transmission facility, the transmission lines shall either be in road rights-of-way, adjacent to the rights-of-way, or in easements or separate rights-of-way 20 feet or less in width.
Q Terms
R Terms
Rail Yard
means an area of land, a portion of which is covered by a system of tracks, that provides for the making up of trains by one or more railroads or private industry concerns. Necessary functions of a rail yard include but are not limited to the classifying, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of cars, trains, engines, locomotives, and rolling stock.
Recreation/Personal Fitness, Indoor
means uses that provide active indoor recreation opportunities, on a subscription or membership basis, on a per unit of time basis, or free of charge, for the public or for residents of a subdivision or development. The phrase “recreation/personal fitness, indoor” includes but is not limited to:
1. 
Subdivision, neighborhood, or community recreation centers or athletic clubs;
2. 
Gymnasiums;
3. 
Indoor swimming pools; or
4. 
Indoor tennis, basketball, racquetball, handball or other play courts.
The phrase “recreation/personal fitness, indoor” does not include the phrase “commercial amusement, indoor,” nor does it include indoor playgrounds that are accessory to restaurants. The phrase “recreation/personal fitness, indoor” is subsumed by the phrases “amusement or water park” when such facilities include indoor recreation activities.
Recreation/Personal Fitness, Outdoor
means uses that provide active or passive outdoor recreation opportunities, on a subscription or membership basis, on a per unit of time basis, or free of charge, for the public or for residents of a subdivision or development. The phrase “recreation/personal fitness, outdoor” includes but is not limited to:
1. 
Jogging, cycling, tot-lots, fitness trails, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
2. 
Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
3. 
Other passive recreation-oriented areas, including picnic areas and community garden plots.
The phrase “recreation/personal fitness, outdoor” does not include “commercial amusement, outdoor” or “shooting range, outdoor.”
Recreational Vehicle (RV)
means a portable structure designed to be transported over the highways, and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight feet in width.
Recreational Vehicle (RV) Park
means a unified development of recreational vehicle spaces, community facilities, and permitted permanent buildings which are combined to support two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made.
Recreational Vehicle (RV) Space
means a specific part of a lot or area in a RV park that has been reserved for the placement of one recreational vehicle.
Redevelopment
means any of the following:
1. 
The complete demolition of a principal building, followed by the construction of a new building which occupies a different footprint than the original principal building; or
2. 
The destruction of a principal building to an extent that is equal to or greater than 50 percent of its assessed value, followed by reconstruction and repurposing of the building for a type of use for which the original building was not designed; or
3. 
Expansion of a principal building by more than 50 percent of its gross floor area.
Rendering Plant
means a facility that processes waste materials originating from animals and vegetables, including animal parts and scraps, offal, paunch manure, and waste cooking grease.
See Tex. Health and Safety Code Section 361.093.
Residential
means any use, building or structure (or portion of a building or structure) that is used for premises that contain habitable rooms for nontransient occupancy, designed primarily for living, sleeping, cooking, and eating. Residential uses are typically contained within single-family detached, single-family attached, and multi-family dwelling units.
The term “residential” does not mean “overnight accommodations.”
Restaurant
means an establishment that serves prepared meals to customers for consumption on-site or off-site. A restaurant can include the sale of alcoholic beverages, provided however, that if more than 75 percent of the restaurant’s gross revenue comes from alcohol beverage sales, it is classified as a “bar or nightclub.”
Restaurants that include a “drive-in, drive-through facility” are limited to those areas where a drive-in, drive-through is a permitted use.
Retail Sales and Services
means the sale of goods and/or services directly to a consumer that are not specifically defined elsewhere in this UDC, and which do not include regular outside storage or sales. The phrase includes uses that are comparable to the following:
1. 
Branch banking and check cashing;
2. 
Clothing, clothing accessory, and jewelry stores;
3. 
Computer and small appliance repair;
4. 
Copy centers, parcel service drop-off locations, and mailbox services;
5. 
Electronics and appliance stores;
6. 
Florist, card, and gift shops;
7. 
Food and beverage stores (but not alcohol beverage sales);
8. 
Furniture and home furnishings stores;
9. 
General merchandise stores;
10. 
Hair and nail salons;
11. 
Hardware stores, plumbing supplies, electrical supplies, lighting stores;
12. 
Health and personal care stores;
13. 
Laundromat, retail dry cleaning, tailoring, shoe repair, and clothes restoration;
14. 
Miscellaneous store retailers;
15. 
Music, dance, martial arts, yoga, and other similar instruction;
16. 
Paint and wallpaper stores;
17. 
Pet stores (not including animal boarding and veterinarian services, small animal);
18. 
Secondhand stores and pawn shops;
19. 
Sporting goods, hobby, book, and music stores;
20. 
Tattoo parlors;
21. 
Tanning facilities (see Tex. Health and Safety Code Section 145.002) and day spas; and
22. 
Tutoring.
“Retail sales and services” that include a “drive-in, drive-through facility” are limited to those areas where a drive-in, drive-through is a permitted use.
Right-of-Way
means an area of land not on a lot that is dedicated for public or private use to accommodate a transportation system. In no case shall a right-of-way be construed to mean an easement.
Riverine
means a watercourse relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.
S Terms
Sample Well Site
means the installation of a vertical riser of four inches in circumference, extending four to six inches above grade, used for the purpose of detecting the presence of non-biodegradable materials at or near the lot line where the owner/operator’s on-site wastewater collection system connects to the City’s off-site wastewater system.
Sanitary Sewage Disposal System, On-Lot
means a system in which sanitary sewage and wastewater is collected from a single use or dwelling unit, by a system of pipes, and carried to a septic tank and tile disposal field located within the boundaries of an individual lot.
Schools, Private
means an educational institution which provides fee-based instruction and may include:
1. 
Early Learning Centers (e.g., pre-schools) or Elementary School:
a. 
A facility which provides daily care with educational services for children not yet attending elementary school (i.e., kindergarten); or
b. 
A school that provides general full-time educational curriculum for grades one through five, and which may include a kindergarten.
2. 
Middle School. A middle school means a school that provides general full-time educational curriculum for grades six through eight.
3. 
High School. A high school means a school that provides general full-time educational curriculum for grades nine through 12.
4. 
Boarding School. Boarding school means an elementary or secondary school at which some or all of the pupils receive board and lodging during the school term.
5. 
Special Education Facilities.
The term “private school” does not include schools which focus on specialty instruction (e.g., dancing, music, beauty, swimming, etc.).
Schools, Public
means an institution that provides full-time instruction for students from pre-kindergarten to 12th grade. There are four types of schools for the purposes of this UDC:
1. 
Pre-Kindergarten
means a school in which children are enrolled in a structured educational program prior to kindergarten. Pre-Kindergarten does not mean “child-care facility, day-care.”
2. 
Elementary School
means a school that teaches students from kindergarten through grade 5.
3. 
Middle School
means a school that teaches students from grades 6 to 8.
4. 
High School
means a school that teaches students from grades 9 to 12.
Seasonal Sales
means the temporary outdoor sale of merchandise from private property that permit[s] either temporary seasonal retail sales or outdoor display or sale of goods related to a holiday event (e.g., sale of holiday trees or Fourth of July fireworks, etc.), particular seasonal activity (e.g., sale of pumpkins in the Fall), or other similar merchandise or other articles of arts and crafts related to the seasonal sales activity.
Sediment Pollution
means failure to use management (including stormwater management) or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling, or other land disturbing activities on land used or being developed or built upon for commercial, industrial, residential, or other non-agricultural purposes.
Septic Tank
means a multiple compartment, watertight receptacle which receives sewage from a building and is designed and constructed so as to permit settling of solids from the sewage, digestion of the organic matter, and discharge of the liquid portion into a disposal area.
Setback
means a minimum distance that is required from a lot line to a building, structure, or sign, as the context requires.
Sexually Oriented Business.
See the definition of “sexually oriented business” in Chapter 111, Amusements, [Article 5.08, Sexually Oriented Businesses] of the Cuero Code of Ordinances.
Shooting Range, Outdoor
means the use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as turkey shoots.
Shopping Center
means a group of retail, service, or restaurant establishments that are planned, developed, owned, or managed as a unit, with an off-street parking lot that serves all of the uses in the center located on the same parcel proposed for development. The term “shopping center” does not include outparcels which may be separated (by lot lines or easements) from the main center and which are intended for separate uses consisting of buildings and their associated parking lots.
Shrub
means any of the following:
1. 
A woody plant of less size than an small tree, and usually with several stems from the same root;
2. 
Perennial plants that reach at least three feet in height; and
3. 
Ornamental grasses that reach at least three feet in height.
Sidewalk
means an improved facility that is ADA accessible and is intended to provide for pedestrian movement:
1. 
Along Streets.
Provides pedestrian connections along, parallel to, and within the right-of-way of a public or private street or an abutting easement.
2. 
Access to Lots.
Provides pedestrian connections from the right-of-way to the principal building.
3. 
Access Around Buildings.
Provides pedestrian connections to the main entrance.
Sidewalk Amenities
means accessory features such as sidewalk furniture (e.g., benches), planters, railings, bicycle racks, canopies, and specialized lighting.
Sidewalk Sale
means a temporary, special outdoor sale conducted on public or private sidewalks immediately adjacent and contiguous to commercial establishments; provided, the merchandise being sold is consistent with the merchandise of the adjacent and contiguous business.
Sight Distance Triangle
means the triangular area formed by a diagonal line connecting two points located on intersecting street right-of-way lines, or a right-of-way line and the curb or edge of a driveway (see Section 8.102E., Sight Distance Triangle Requirements).
Sign
means any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other figure of similar character, that:
1. 
Is a structure or any part thereof; or is attached to, painted on, or in any other manner represented on a building or other structure; or is displayed in a building window in a manner that is discernible from public rights-of-way or abutting property; and
2. 
Is used to display noncommercial information; or announce; or direct attention; or advertise.
a. 
Sign Area
means the entire advertising area of a sign, excluding any framing, trim or molding and the supporting structure.
b. 
Banner Sign
means any temporary sign intended to be hung with or without frames, characters, letters, illustrations, or ornamentations applied to paper, plastic or any fabric of any kind.
c. 
Billboard Sign
means any outdoor sign, description, device, figure, painting, drawing, message, placard, poster, structure or thing, which directs the attention of the public to a business, entity, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. See also off-premise signs.
d. 
Sign, Changeable Copy
means a sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means. Changeable copy signs include the following types:
i. 
Manual Changeable Copy.
Signs that have alphabetic, pictographic, or symbolic informational content which must be changed or altered by manual means.
ii. 
Electronically Changeable Copy.
Signs capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
e. 
Directional Sign
means a sign which contains only information designed to direct pedestrian or vehicular traffic to the location of a facility on the property on which such sign is located. Such signs may include but are not limited to arrows, words or logos. No goods or services may be listed on a directional sign.
f. 
Sign, Double-Faced
means any sign with copy on two faces that are back to back, facing in opposite directions.
g. 
Sign Face
means the area or display surface used for the message on a sign.
h. 
Sign, Flag (Official)
means a duly adopted flag or seal of the United State, State of Texas, DeWitt County, or the City of Cuero.
i. 
Sign, Flag (Unofficial)
means any mottos, emblems, designs, shapes, or symbols placed or printed on cloth, fabric, plastic, canvas, vinyl, or other rigid or non-rigid devices or materials that are intended to convey an unofficial message or to identify a person, place, business, idea, or thing other than duly adopted flags or seals of nations, states, counties, or municipalities.
j. 
Freestanding Sign
means a sign that is not attached to a building (e.g., a monument sign)
k. 
Sign, Marquee
means a permanent roof-like structure constructed of rigid materials that is supported by and extending from the facade of a building and which is designed to include (manual or electronic) changeable copy.
l. 
Sign, Monument
means a freestanding sign which is separate from buildings and the entire bottom of which is in contact with or in close proximity to the ground.
m. 
Off-Premise Sign
means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
n. 
On-Premise Sign
means a sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity. Note: For the purposes of removal of signs, the state requirements further classify “on-premise signs” as freestanding signs (see also Section 9.104, Sign Maintenance and Removal).
o. 
Sign Permit
means a permit issued by the Building Official for the construction or modification of a sign.
p. 
Sign, Pole
means a sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground.
q. 
Projecting Sign
means a sign other than a flat wall sign which is attached to and projects from a building wall or other structure not designed primarily to support the sign.
r. 
Sign Structure
means the supports, uprights, bracing, or framework of any building or structure exhibiting a sign.
s. 
Temporary Sign
means any sign (e.g., a banner) or advertising device or display constructed of cloth, fabric, plastic, canvas, vinyl, cardboard, wallboard, plywood, paper, or other rigid or non-rigid materials, with or without frames, intended to be displayed for a limited period of time. Temporary signs are not permanently affixed to sign structures, structures or buildings.
t. 
Wall Sign
means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.
u. 
Window Sign
means any sign, poster, or other similar material affixed on nonresidential properties or that is painted directly on a window, affixed to the inside of a window, or hung within 12 inches of a window promoting any message, including but not limited to, grand openings and special events (commercial and noncommercial), provided the sign or signs do not exceed 25 percent of each window area, is not illuminated, or within three feet of a public door.
Single-Family Attached
means dwelling units located in a single building where each unit is constructed on an individual lot or land that is designated as a limited common element in a declaration of condominium; and contains:
1. 
Two but not more than seven dwelling units that are designed so that individual units have individual ground-floor access and are separated from each other by unpierced common walls from foundation to roof (e.g., side-by-side duplexes, triplexes, and townhouses); or
2. 
Two dwelling units that are designed so that individual units:
a. 
May or may not have individual exterior doors, but provide no direct access between the first floor and second floor unit (access may be through a common interior foyer that provides access to both units or through separate exterior doors); and
b. 
Are separated from each other by a floor (e.g., over-under duplexes).
Single-family attached does not include apartments.
Single-Family, Detached
means dwelling units that are:
1. 
Located in individual buildings that are constructed on:
a. 
Individual lots; or
b. 
Land that is designated as a limited common element in a declaration of condominium;
2. 
Separated from each other by outside walls; and
3. 
Intended for the use of a single housekeeping unit and for a single family.
The phrase “single-family, detached” does not include “duplexes, triplexes, townhouses, live/work units, or multi-family apartments”[.]
Site Plan
means a plan showing proposed improvements for a parcel proposed for development. It may be required as part of an application for a rezoning, conditional use permit, or variance. More detailed development plans are required for all nonresidential and mixed-use development (i.e., commercial site and building plan review). It does not mean a plat, or a site plan that is normally required for building permits or sign permits.
Small Wind Energy System (SWES)
means equipment that converts and then stores or transforms kinetic energy from the wind into usable forms of energy, which has a rated capacity that does not exceed 10 kw, and is installed to reduce the on-site energy consumption. Equipment includes, but is not limited to, an anchor base, airfoil, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wiring, inverter, batteries, or any other components used in the system. A SWES may be a freestanding or attached to a building that supports the wind turbine.
Solar Arrays
(also known as photovoltaic systems) convert sunlight into electricity which are used to generate renewable energy. Solar arrays can be mounted on the ground as its own individual structure, or as an accessory structure on a building or other structure (e.g., water tower).
Solid Waste Facility
means all contiguous land, including structures, appurtenances, and other improvements on the land, used for processing, storing, or disposing of solid waste. The phrase “solid waste facility” includes a publicly or privately owned facility consisting of several processing, storage, or disposal operational units such as one or more landfills, surface impoundments, or a combination of units.
See Tex. Health and Safety Code Section 361.003.
Special Flood Hazard Area (SFHA).
See also the term “area of special flood hazard.”
Stadium/Arena/Drive-In Theater
means:
1. 
Stadium or Arena
means an outdoor area surrounded by tiered rows of seats or benches, designed for the viewing of sporting events, rodeos, equestrian events, livestock exhibitions, concerts, or other organized entertainment.
2. 
Drive-In Theater
means an area of land that includes one or more large outdoor screens or other structure for the display of motion pictures and an area for parking automobiles from which the motion pictures are viewed. Drive-in theaters may also include a concession stand and outdoor seating areas.
Standard Residential Neighborhood
means a non-agricultural residential subdivision or condominium that consists of single-family detached housing and is not a planned cluster, mixed-use, or manufactured home park or subdivision.
Start of Construction
means:
1. 
For floodplain management purposes, includes substantial improvement and means:
a. 
The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition[,] placement, or other improvement was within 180 days of the permit date.
b. 
The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
c. 
Permanent construction does not include the land disturbing activity needed to prepare the land for development (e.g., clearing, grading and filling); nor does it include the installation of streets, sidewalks, and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the principal structure.
d. 
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
2. 
For other purposes, that a building permit or other written permit required to be issued by the City has been issued, and authorized work has commenced under such permit. This is recognizable upon an inspection of the property and which work is of a nature and character that reflects a good faith intention to continue the construction until completion, such as the clearing of rights-of-way, rough-grading of the roadway, the installation of a drainage system or stormwater management facilities, and the placement and active maintenance of erosion and sediment control measures. Control of weeds and cutting of vegetation, without more, do not qualify as “start of construction.”
State
means the State of Texas.
Self-Storage
means a building or group of buildings that are used for the storage of personal property or records, where individual owners or tenants control individual storage spaces.
Storage Yard
means outdoor storage of operable equipment and building or infrastructure construction materials for off-site projects. The phrase “storage yard” does not include outdoor storage areas that are associated with an on-site heavy industry.
Stormwater Management
means the mitigation of the hydrologic impacts of lost natural runoff storage by the use of conventional storm conveyance systems or low impact development.
1. 
For water quantity control, a system of vegetative, structural, and other measures that may control the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and
2. 
For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.
Street
means a strip of land, comprising the entire area within a street right-of-way, which is intended for use as a means of vehicular and pedestrian circulation, which provides access to more than one abutting lot.
Street, Alley
means a public or private minor way which are used primarily as a secondary means of access to the back or the side of properties otherwise abutting on a street.
Street, Arterial
means a street that is primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route. Arterials are comprised of:
1. 
Principal Arterials.
Principal arterials which are streets where:
a. 
Mobility is primary;
b. 
Access is secondary; and
c. 
Connects (typically) to other arterials.
2. 
Minor Arterials.
Minor arterials which are streets where:
a. 
Mobility is primary;
b. 
Access is secondary; and
c. 
Connects principal arterials (typically) to lower classification roadways.
Street, Collector
means a street that serves or is designed to serve as the connection from local streets to arterial streets, such as the main entrance street of a residential development. Collector streets may also serve as a secondary connection between arterial streets.
Street, Cul-de-sac
means a short, independent, local street having only one point of ingress and egress, terminating in a circular turnaround called a cul-de-sac.
Street, Dead-End
means a local street, other than a cul-de-sac, with only one means of ingress and egress.
Street, Half (or “Street, Partial”)
means a street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street, with the intent that the abutting property will provide the other half of the right-of-way when it is developed.
Street, Local
means a street which serves or is designed to serve primarily as access to abutting properties.
Street, Marginal Access
means a local street, parallel and adjacent to an arterial street, but separated from it by a long strip, which provides access to abutting properties and control of intersections with the major street.
Street, Median
means an area in the approximate center of a street or state highway that is used to separate the directional flow of traffic, may contain left-turn lanes, and is demarcated by curb and guttering, having painted or thermally applied stripes, landscaping, or other means of distinguishing it from the portion of the roadway used for through traffic.
Street, Private
means any street right-of-way that is not dedicated to public use, and which is maintained by a private entity, such as a property owners’ association.
Street, Public
means any street right-of-way that is publicly owned by deed, right-of-way dedication, prescription, or any other conveyance, and maintained by a federal, state, or local unit of government.
Street Tree
means a species of tree that the City has determined is appropriate for planting within public rights-of-way. Street trees are identified in Appendix A, Plant Lists.
1. 
Historic Street Trees
are protected trees with a trunk diameter at four and a half feet when measured 24 inches from ground level and which are located within City rights-of-way located in the 300 Block of North Terrell Street, 200 Block of North Hunt Street, 300 Block of North Hunt Street, 300 Block of East Live Oak Street, 200 Block of West Live Oak Street, 300 Block of East Main Street, 1200 Block of North Clinton Street, 300 Block of East French Street and 100 Block of East Reuss, all being located in the City of Cuero, Texas.
Street Tree Grate
means a small planting area that is integrated into a sidewalk in order to provide a planting medium for street trees where there is an insufficient area for a street tree lawn, e.g., in the C-2 district. Street tree grates are located within the right-of-way lying between the public or private street and private property.
Street Tree Lawn
means the land (or landscape area) within the right-of-way lying between the public or private street and private property (excluding such portion that is covered by a sidewalk) which is where street trees (and sometimes, other landscaping) are planted.
Structure
means anything constructed or erected, the use of which requires permanent location on the ground (e.g., a shed), above the ground (e.g., a tree house), or below the ground (e.g., a pool), or attached to something having a permanent location on the ground including but not limited to fences, trash enclosures, signs, kiosks, or similar uses. A “structure” may sometimes be subsumed by the phrase “building.”
Subdivider
means any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land.
Subdivision
means the division or redivision of a lot, tract, or parcel of land, by any means, including by means of a plat or a description by metes and bounds, into two or more lots, tracts, parcels, or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership, or for development. The term “subdivision” includes “resubdivision” and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
Subdivision, Major
means any subdivision or development that does not qualify as a minor subdivision because it is more intensive or involves public dedication. Generally, a major subdivision is a plan that proposes one or more of the following:
1. 
Subdivision of more than five lots, with extension of utilities accommodated to serve said subdivision, and with compliance with additional pavement section, sidewalk, lighting, fire protection and all other City requirements; or
2. 
Subdivision or development that proposes a new public or private street or dedication to public use of an existing street.
Subdivision, Minor
means a subdivision plat, not involving a new street, that proposes subdivision of four lots or less, having a frontage of no less than 100 feet, all utilities are available to serve said development or extension of utilities can be accommodated to serve said subdivision, and the subdivision complies with additional pavement section, sidewalk, lighting, fire protection and all other City requirements.
Substantial Damage
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement
means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “start of construction” of the improvement. This phrase includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The phrase does not, however, include either:
1. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. 
Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
T Terms
Temporary Conditional Use Permit
means a temporary approval of a conditional use permit for something that is designated as “T” in Table 2.106, Temporary Uses. Since these types of uses can be longer in duration than many temporary uses, and because they can have larger impacts (e.g., an asphalt or concrete batching plant), these uses require review by the Planning and Zoning Commission and approval by the City Council. These applications follow the same procedures as a normal conditional use permit, but are just approved for a maximum not to exceed duration.
Temporary Construction Building
means a stick-built or modular building that is used as an administrative office for construction related activities occurring on the same lot under an active building permit.
Temporary Construction Dumpster
means a large trash or recycling receptacle located on private property (i.e., outside the public right-of-way) which is used to collect construction debris and other development related materials for transport off-site.
Temporary Construction Yard
means a temporary fenced enclosure used for the storage and maintenance of contractor supplies and operational equipment used for and located on the same lot of an active building permit.
Temporary Use
means a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time.
Thoroughfare Plan
means the official Thoroughfare Plan as adopted in the Cuero Comprehensive Plan, which may be amended from time to time. The Thoroughfare Plan is designed to ensure that adequate rights-of-way are preserved with a general alignment and sufficient width to allow for orderly and efficient expansion, improvement, and connectivity of the street transportation system.
Townhouse
means a single-family attached building which contains four to seven dwelling units arranged in a linear form, each of which is totally separated from the other by an unpierced wall extending from foundation to roof and has totally exposed front and rear walls that are used for individual unit access, light, and ventilation. There are three types of townhouses (based on design) for the purposes of this UDC, to which different requirements may apply:
1. 
Standard townhouses, which are generally two- or three-story buildings;
2. 
Weak link townhouses, which have a one-story and a two-story component in each unit, and are typically wider than standard townhomes; and
3. 
Roof deck townhouses, which provide a usable outdoor space on the roof of each unit.
Tree, Evergreen
means a broadleaf evergreen tree or cone-bearing evergreen tree that, at maturity, typically has a height of greater than 35 feet. For the purposes of this UDC, evergreen trees that typically have a height of 12 to 35 feet at maturity are considered small trees, and evergreens that typically have a height of less than 12 feet at maturity are considered shrubs. See Appendix A, Plant Lists.
Tree, Large
means a tree with a canopy that, at maturity, would occupy the upper level of a forest in a natural ecological situation. These trees are commonly called shade trees. They typically reach heights of more than 50 feet at maturity. See Appendix A, Plant Lists.
Tree, Palm
means any plant of the family Palmae having an unbranched trunk crowned by large pinnate or palmate leaves. See Appendix A, Plant Lists.
Tree, Small
means a tree with a canopy that would occupy the intermediate level of a forest in a natural ecological situation. They are also found as dominant species in old field succession. These trees are commonly called ornamental trees. Small trees are deciduous trees that typically reach heights of 12 to 44 feet at maturity, and evergreen trees that typically reach heights of 12 to 35 feet at maturity. See Appendix A, Plant Lists.
Triplex
means a single-family attached building which contains three dwelling units arranged in a linear form, each of which is totally separated from the other by an unpierced wall extending from foundation to roof and has totally exposed front and rear walls that are used for individual unit access, light, and ventilation.
Truckload Sale
means the temporary sale of merchandise outdoors from the back or bed of a truck or trailer by persons who are not employed by the owners or managers of the lot or parcel on which the sale occurs, or tenants of buildings on the lot or parcel on which the sale occurs.
U Terms
UDC
means the City of Cuero Unified Development Code.
Unduly
means improperly or unjustly. As used in Section 6.102, Use of Special Flood Hazard Areas (SFHA), Flood Fringe, and Floodways, subsection D.1., Performance Standards for Use of Floodplains and Floodways, “unduly” is used to mean that floodplain use shall not improperly or unjustly restrict the capacity of any channels or floodways.
V Terms
Variance
means a development order that provides relief from the standards of this UDC (see Section 14.406, Variances).
Vehicle Gas and Fueling Station
means a gasoline service station or fuel stations (e.g., hydrogen, compressed natural gas, or liquefied petroleum gas) for alternative fuel vehicles, which may include a convenience store as an accessory use.
Vehicle Sales, Rental, and Service
means a use that sells, rents, or performs services on automobiles, trucks, boats, construction equipment, all-terrain vehicles, and motorcycles, where the inventory is new or used and is stored for any length of time on-site. The use may also include “vehicle fueling or charging stations,” or “vehicle washes,” when such use is an accessory use to the principal use (i.e., fueling or washing the vehicles being rented, sold, or serviced on the property). The use does not include body shops (e.g., collision repair), paint booths, or reupholstering unless they are approved as principal uses on the same site.
Vehicle Wrecking and Salvage Yard; Junkyard
means:
1. 
Vehicle Wrecking and Salvage Yard.
Vehicle wrecking and salvage yard means an outdoor place where a person stores three or more vehicles for the purpose of dismantling or wrecking the vehicles to remove parts for sale or for use in automotive repair or rebuilding.
2. 
Junkyard.
Junkyard means a place where a business that owns junk, and is operated to store, buy, or sell junk, keeps all or part of the junk outdoors until the business disposes of the junk.
See Tex. Transportation Code Section 396.001.
W Terms
Warehousing and Logistics
means indoor warehousing, distribution, or logistics facilities; retail distribution centers; order fulfillment centers; and moving and storage services (including full-service moving and storage and indoor storage of shipping containers). The phrase does not include self-storage; wholesale; or warehousing and distribution that are accessory to a light industrial or heavy industrial facility, nor parcel service drop-off locations that are not accessory to a parcel service processing facility.
Waste Transfer Station/Recycling Collection Facility
means:
1. 
Waste Transfer Station.
A waste transfer station means the use of land or a facility, regardless of name or title, to unload waste of any kind or type from vehicles, and, with or without intermediate processing such as compaction, sorting, or shredding, subsequently reload the waste onto other vehicles for delivery to another transfer site or solid waste facility.
2. 
Recycling Collection Facility.
A recycling collection facility means a building or site that is used for the collection and processing of recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard, and other discarded household materials), where the materials are sorted, temporarily stored, and then shipped in bulk to other locations for processing. The facility may also process recyclable materials for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, or cleaning, but not melting down.
The phrase “waste transfer station/recycling collection facility” does not mean a wastewater treatment facility.
Waterbody
means any watercourse, lake, or pond that is defined by a bank or shore, in which water can be found on a year-round basis.
Watercourse
means a stream channel (perennial, intermittent, mapped, or unmapped) with banks and a bed within which water regularly flows.
Water Surface Elevation
means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
Wetland
means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, bayous, and similar areas.
Wholesale
means the business of:
1. 
Selling goods, equipment, or food to retailers, generally in larger quantities than they are sold to final consumers, but often in smaller quantities than they are purchased from manufacturers; or
2. 
Selling specialized equipment and supplies to businesses, but not to the general public.
The term “wholesale” includes warehousing and/or showrooms. It does not include wholesale clubs that offer memberships to the general public (which are classified as “heavy retail/home centers”) nor “nurseries/greenhouses, wholesale.”
Wireless Telecommunications Facilities (WTF), Attached
means facilities that are affixed to an existing structure (including buildings, water tanks, and communications towers) and consist of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and also means a broadcast tower.
Wireless Telecommunications Facilities (WTF), Freestanding Non-Stealth
are lattice towers, monopole towers, guyed towers, or other freestanding facilities that do not meet the definition for “WTF, freestanding stealth” and consist of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and also means a broadcast tower.
Wireless Telecommunications Facilities (WTF), Freestanding Stealth
are facilities that have been designed to be architecturally compatible with the surrounding area. They camouflage or conceal the presence of the tower and the antennas that are mounted on it; and include, but are not limited to: artificial rocks and trees, freestanding clock towers and bell steeples, light poles, flagpoles, and artistic structures); and consist of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and also means a broadcast tower.
Woodland
means an area covered by a canopy of woody plants (trees) that qualifies as mature and/or young. It may also be a forest, wood lot, grove, or stand of trees meeting the specifications of the forest type.
X Terms
Y Terms
Yard
means an unoccupied space open to the sky on the same lot with a building or structure. A required yard is the distance between the lot line and the setback that is required from that lot line.
Yard, Front
means a yard that extends across the full width of the lot between the front lot line and the required front setback line.
Yard, Rear
means a yard extending the full width of the lot between the rear lot line and the rear setback line. For a corner lot, the rear yard does not extend beyond the side street setback line.
Yard, Side
means a yard between the principal building and the side line of the lot, extending from the front yard to the rear yard.
Yard, Side Street
means a yard extending from the front setback line to the rear lot line, located between the side street lot line and the side street setback line.
Z Terms
Zoning District or District
means an area of the City delineated on the official zoning map, designated by name or abbreviation as provided in the regulations of this UDC.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2016-25, sec. 6, adopted 1/11/17)