1. General. All provisions, terms, phrases and expressions contained inthis UDC shall be construed in order that the true intent and meaning of the Council may be fully implemented.
2. Computation of Time. The time in which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

1. 1. “Day” means a calendar day.

1. 2. “Month” means a calendar month.
   3. “Year” means a calendar year.

3. Reference to Director. Unless otherwise specified, any reference to "the Director" shall be deemed to be a reference to the Director of Planning for the City, or otherwise titled by the City Manager. 
4. Reference to Commission. Unless otherwise specified, any reference to "the Commission" shall be deemed to be a reference to the Planning and Zoning Commission. 

5. Reference to Board or BOA. Unless otherwise specified, any reference to "the Board" or "the BOA" shall be deemed to be a reference to the Board of Adjustment. 
6. Reference to Council. Unless otherwise specified, any reference to "the Council" shall be deemed to be a reference to the City Council.
7. Delegation of Authority. Whenever a provision requires a City employee to do some act or perform some duty, it is to be construed to authorize the employee to delegate a subordinate to perform the required act or duty, unless the terms of the provision or Section specifies otherwise.
8. Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
9. Text, Tables, and Illustrations. In case of any difference of meaning or implication between the text of this UDC and any illustrations, the text shall control. In case of a conflict between the text and a table, the text shall control.  In case of a conflict between a table and an illustration, the table shall control. 
10. Other Regulations. Where this UDC references a local, state, or federal regulation or publication, the reference is to the most recent edition or version, unless otherwise noted.  If the referenced document has been repealed and not replaced by other regulations or publications, requirements for compliance are no longer in effect.
11. Examples. The use of the terms “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

12. Additional Rules of Construction. 

1. 1.  The terms “shall,” "will," or "must" are mandatory and are synonymous. The term “may” is discretionary. The term “and” indicates that all items being referred to are connected and inclusive. The term “or” indicates that one or more of the items being referred to shall or may apply.

1. 2. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and vice-versa.
   3. Words used in the plural number include the singular and vice-versa.
   4. “Person” includes an individual, a corporation, a partnership, and an incorporated association of persons such as a club.
2. 5. The term “building” includes a “structure”; a “building” or “structure” includes any part of the building;
   6. The ter​​​​ms “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
   7. Words not defined in this UDC but defined in any other part of the Dayton City Code shall be deemed to have the meaning provided in the City Code. Words not defined in this UDC or in any other part of the City Code shall have the most appropriate meaning provided in a dictionary in common usage. 
       

Effective on: 5/20/2019

This Section shows the acronyms and abbreviations used in this UDC and their meanings. 

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Effective on: 5/20/2019

Ac. = Acre

Effective on: 5/20/2019

BFE = Base Flood Elevation

Effective on: 5/20/2019

BOA = Board of Adjustment

Effective on: 5/20/2019

BP = Business Park Zoning District

Effective on: 5/20/2019

BR = bedroom

Effective on: 5/20/2019

CFR = Code of Federal Regulations

Effective on: 5/20/2019

CO = Certificate of Occupancy

Effective on: 5/20/2019

Commission = Planning and Zoning Commission

Effective on: 5/20/2019

Council = City Council

Effective on: 5/20/2019

CUP = Conditional Use Permit

Effective on: 5/20/2019

Director = Director of Planning

Effective on: 5/20/2019

DRC = Development Review Committee

Effective on: 5/20/2019

DT = Downtown Zoning District

Effective on: 5/20/2019

DU = Dwelling Unit

Effective on: 5/20/2019

EN = Established Neighborhood Zoning District

Effective on: 5/20/2019

ETJ = Extraterritorial Jurisdiction

Effective on: 5/20/2019

FEMA = Federal Emergency Management Agency 

Effective on: 5/20/2019

FHMB = Flood Hazard Boundary Map

Effective on: 5/20/2019

FIRM = Flood Insurance Rate Map

Effective on: 5/20/2019

FIS = Flood Elevation Study.

Effective on: 5/20/2019

GC = General Commercial Zoning District

Effective on: 5/20/2019

GFA = Gross Floor Area

Effective on: 5/20/2019

HOA = Homeowners Association

Effective on: 5/20/2019

IN = Industrial Zoning District

Effective on: 5/20/2019

M10 = Mailed before the 10th day before the PZC hearing in accordance with Sec. 14.602.5, Public Notice 

Effective on: 5/20/2019

M15 = Mailed before the 15th day before the PZC hearing in accordance with Sec. 14.602.5, Public Notice 

Effective on: 5/20/2019

Max. = Maximum

Effective on: 5/20/2019

Min. = Minimum

Effective on: 5/20/2019

MP = Master Planned Zoning District

Effective on: 5/20/2019

NA = Not Applicable

Effective on: 5/20/2019

NP = Not Permitted

Effective on: 5/20/2019

NGVD = National Geodetic Vertical Datum 

Effective on: 5/20/2019

OSHA = Occupational Safety Health Administration

Effective on: 5/20/2019

POA = Property Owners Association

Effective on: 5/20/2019

P15 = Published before the 15th day before the Board of Adjustment or City Council hearing in accordance with Sec. 14.602.5, Public Notice

Effective on: 5/20/2019

PZC = Planning and Zoning Commission

Effective on: 5/20/2019

RA = Rural / Agricultural Zoning District

Effective on: 5/20/2019

RV = Recreational Vehicle

Effective on: 5/20/2019

SFA = Single-family attached dwelling

Effective on: 5/20/2019

SFD = Single-family detached dwelling

Effective on: 5/20/2019

Sq Ft = square feet

Effective on: 5/20/2019

SR = Suburban Residential Zoning District

Effective on: 5/20/2019

SU = Semi-Urban Residential Zoning District

Effective on: 5/20/2019

TCEQ = Texas Commission on Environmental Quality

Effective on: 5/20/2019

TIA = Transportation Impact Analysis 

Effective on: 5/20/2019

TLGC = Texas Local Government Code

Effective on: 5/20/2019

TMUTCD = Texas Manual on Uniform Traffic Control Devices

Effective on: 5/20/2019

TxDOT = Texas Department of Transportation

Effective on: 5/20/2019

UDC = Unified Development Code

Effective on: 5/20/2019

UR = Urban Residential Zoning District

Effective on: 5/20/2019

Abut/Abutting means to physically touch or border upon; or to share a common property line or border. This term implies a closer proximity than the term “adjacent.”

Effective on: 5/20/2019

Agriculture Use Category contains nonresidential uses primarily related to the raising of animals and crops that do not exceed the threshold for Concentrated or Intensive Animal Feeding Operations, and the secondary enterprises associated with agricultural production.

Examples of primary uses in this category include: 

Chick hatchery; Domestic animal raising including cattle, horses, hogs, donkeys, sheep, goats, swine, poultry, rabbits and other small animals, apiculture, aquaculture, or animal breeding and development; Floriculture, horticulture, pasturage, row and field crops, viticulture, or orchard; Greenhouse, retail or wholesale; Livestock sale or auction; Stable, private and noncommercial; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated office; Barn, silo, stable (private) or other agricultural storage; Buildings associated with agricultural uses being pursued on site; Greenhouse, commercial or noncommercial; Home occupation; Minor utilities; Parking and storage of operable farm vehicles and farm machinery; Roadside stand; and Slaughtering, processing and packaging of animals raised on-site 

Effective on: 5/20/2019

Access means a way or means of approach to provide physical entrance and exit to a property.

Effective on: 5/20/2019

Accessory Structure means a structure detached from but located on the same lot as the principal building/structure, the use of which is incidental and accessory to that of the principal building/structure. Structures covered by this definition include, but are not limited to, a detached garage, a storage building or workshop which is clearly subordinate and incidental to the principal use of the structure.

Effective on: 5/20/2019

Accessory Use means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

Effective on: 5/20/2019

Adjacent means lying near or close to. (See Abut/Abutting.)

Effective on: 5/20/2019

Advertising means to seek the attraction of or to direct the attention of the public to any goods, services, business, activity, or merchandise of any kind or type.

Effective on: 5/20/2019

Aisle means the traveled way by which cars enter and depart parking spaces.

Effective on: 5/20/2019

All-Weather Surface means an improved surface that is constructed of four inches of concrete or a similar material.

Effective on: 5/20/2019

Alley means a public or private street primarily designed to serve as secondary access to the side or rear of properties whose primary frontage is on some other street.

Effective on: 5/20/2019

Ancillary Exterior Wall means any building facade that is visible from a public right-of-way, residential property, or public open space, but that is not the primary exterior wall .

Effective on: 5/20/2019

Annexation means the extension of the boundaries of the city to incorporate area adjacent to the city and within the city’s extraterritorial jurisdiction (ETJ), and in accordance with the provisions of Chapter 43 of the Texas Local Government Code.

Effective on: 5/20/2019

Apartment means a building located on a single lot designed or altered for occupancy by three or more families living independently of each other and entirely separated from any other dwelling by setbacks on all sides. A single proprietor owns all dwelling units.

Effective on: 5/20/2019

Applicant means a person submitting an application for development.

Effective on: 5/20/2019

Appurtenance means a structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure

Effective on: 5/20/2019

Arcade means a succession of arches, created by columns or piers, to form a covered walkway. 

Effective on: 5/20/2019

As-Built Plans means a set of detailed plans and documents specifying how public improvements depicted on a Final Plat were actually constructed.

Effective on: 5/20/2019

Asphalt or Concrete Batching means a temporary light manufacturing use 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. This facility does not include the retail sale or wholesale of finished asphalt or concrete products.

Effective on: 5/20/2019

Bank or Credit Union means an establishment that is engaged in the business as a bank or trust company, and is federally chartered or state chartered. The term also includes credit unions that are federally or state chartered, and mortgage companies that provide mortgage loans as a principal part of their operation, with the loans secured by an interest in real property as collateral for the loan.

Effective on: 5/20/2019

Base Flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Effective on: 5/20/2019

Base Flood Elevation (BFE) 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 1% chance of equaling or exceeding that level in any given year - also called the base flood.

Effective on: 5/20/2019

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

Effective on: 5/20/2019

Bed and Breakfast Home means an overnight accommodation in an existing single-family dwelling or detached accessory dwelling units where the primary use is a single-family home, engaged in providing overnight or otherwise temporary lodging for the general public and, if meals are provided, they are served only to overnight guests and residents.

Effective on: 5/20/2019

Bed and Breakfast Inn means an overnight accommodation in a former single-family dwelling or detached guesthouses on a lot where the property owner provides management, cleaning, and meal services to overnight guests, and may or may not reside on site. 

Effective on: 5/20/2019

Berm means landscaped earthen hill of three feet height or greater.

Effective on: 5/20/2019

Big Box Retail Sales means a large, freestanding retail store, with generally more than 20,000 square feet of interior space, plus 20,000 square feet of outdoor sales and display. 

Effective on: 1/1/1901

Biodigester means an alternative energy system that utilizes anaerobic digestion for the primary purpose of producing energy. Mechanisms and processes that are part of the digester, including but not limited to separators and refining equipment, produce biogas, which is used for production of electricity and pipeline-quality natural gas. A biodigester may refine digestate as a secondary function to produce soil amendments, fertilizer, and other similar products.

Effective on: 5/20/2019

Block means a parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land or drainage channels, boundaries of a municipality, or a combination thereof.

Effective on: 5/20/2019

Brick means a solid or hollow masonry unit of clay or shale mixed with sand, molded into a rectangular-shape while in a plastic state, then baked in a kiln, and meeting ASTM International standards C216.

Effective on: 5/20/2019

Building Code means regulations governing building design, construction and maintenance. The City of Dayton’s Building Code is published by the International Code Council, 2003 Edition, as amended, and the National Electrical Code, 2003 Edition, as amended.

Effective on: 5/20/2019

Building Official means the chief building inspector of the City.

Effective on: 5/20/2019

Building means a structure, or parts of a structure, that has a roof and walls, and that 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. 

Effective on: 5/20/2019

Bufferyard means  a specified land area, located parallel to and within the outer perimeter of a property and extending to the property line, together with the plantings required within the buffer. A buffer may also contain a barrier such as a wall or fence where additional screening is necessary to achieve the required level of buffering.

Effective on: 5/20/2019

Bufferyard, Type A means  a bufferyard that is 10 feet in width. A structural Type A Bufferyard contains the following screening and plantings per 100 linear feet:

1. A six-foot fence, wall, or berm;
2. 1 canopy trees;
3. 1 evergreen tree or 2 ornamental trees; and
4. 10 shrubs.

Alternatively, a natural Type A Bufferyard contains the following plantings per 100 linear feet:

1. 1 canopy trees;
2. 2 evergreen trees or 4 ornamental trees; and 
3. 15 shrubs.

Effective on: 5/20/2019

Bufferyard, Type B means a bufferyard that is 15 feet in width. A structural Type B Bufferyard contains the following screening and plantings per 100 linear feet:

1. A six-foot fence, wall, or berm;
2. 2 canopy trees;
3. 2 evergreen trees or 4 ornamental trees; and
4. 15 shrubs.

Alternatively, a natural Type B Buffeyard contains the following plantings per 100 linear feet:

1. 2 canopy trees;
2. 3 evergreen trees or 6 ornamental trees; and
3. 20 shrubs.

Effective on: 5/20/2019

Bufferyard, Type C means a bufferyard that is 20 feet in width. The structural Type C Bufferyard contains the following screening and plantings per 100 linear feet:

1. a six-foot fence, wall, or berm; 
2. 3 canopy trees,
3. 2 evergreen trees or 4 ornamental trees, and
4. 20 shrubs.

Alternatively, a natural Type C Bufferyrard contains the following plantings per 100 linear feet:

1. 3 canopy trees;
2. 3 evergreen trees or 6 ornamental trees; and
3. 20 shrubs.

Effective on: 5/20/2019

Building Setback Line means a line or lines within a property defining the minimum horizontal distance required between a structure and property line.

Effective on: 5/20/2019

Business Purposes means the erection or use of any property, building, or structure, permanent or temporary, used for the purpose of conducting in said building or structure, or on said property, a legitimate commercial enterprise in compliance with all ordinances and regulations of the city governing such activity; business purpose shall not include any property, building, or structure erected or used for the primary purpose of securing a permit to erect a sign.

Effective on: 5/20/2019

Caliper means the diameter of a tree trunk, as measured at 18 inches above natural ground level.

Effective on: 5/20/2019

Campground or Recreational Vehicle Park means an establishment that accommodates campers and their equipment, including tents, tent trailers, travel trailers, and recreational vehicles in a temporary, seasonal manner. They may also provide overnight recreational camps, such as children's camps, family vacation camps, hunting and fishing camps, and outdoor adventures such as trail riding, water activities and hiking. These establishments may provide facilities and services such as cabins, washrooms, food services and recreational activities.

Effective on: 5/20/2019

Certificate of Occupancy means a document issued by the Building Official allowing the occupancy or use of a structure.

Effective on: 5/20/2019

Channel Letters or Symbols means a three-dimensional graphic sign element that includes a "channel" in which a light source is installed. A front-lit channel letter or symbol has an illuminated channel with a translucent face that allows light to shine through the face of the letter. A back-lit channel letter or symbol has an opaque face so that illumination from the letter or symbol is directed at the surface behind the letter or symbol, thereby producing a "halo" or "silhouette" effect around the letter or symbol.    

Effective on: 5/20/2019

City means the City of Dayton, Texas.

Effective on: 5/20/2019

City Council means the governing or legislative authority of the City of Dayton, Texas.

Effective on: 5/20/2019

City Manager means the City of Dayton, Texas city manager or designee.

Effective on: 5/20/2019

Cluster means a development pattern or design technique in which lots are grouped together, rather than spread evenly throughout a parcel (as in conventional subdivision development). Cluster development allows the remaining land to be used for recreation, open space, and the preservation of natural resources.

Effective on: 5/20/2019

Commercial Outdoor Sales Event means the periodic outdoor sales of merchandise on-site by occupants of a commercial or mixed use lot or parcel.

Effective on: 5/20/2019

Comprehensive Plan means the planning documents and related material officially adopted by the City of Dayton, containing the goals, objectives and policies pertaining to urban growth, community facilities, infrastructure, circulation, housing, and other subjects related to the development of the city.

Effective on: 5/20/2019

Concrete Masonry Unit means indented, hammered, or split face concrete.

Effective on: 5/20/2019

Conditions of Flood Hazard means the land area that would be inundated by the one-percent-annual chance (100-year) flood based on future conditions hydrology.

Effective on: 5/20/2019

Conduit means any open or closed device for conveying flowing water.

Effective on: 5/20/2019

Construction Plan means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision.

Effective on: 5/20/2019

Contributing Building means a historic building that is at least 50 years old that retains a significant amount of its physical integrity, whether exposed or concealed, and character-defining features or that is associated with significant people or events.

Effective on: 5/20/2019

Critical Root Zone means a circular region measured outward from the tree trunk to the drip line representing the area of roots that must be maintained or protected for the tree’s survival.

Effective on: 5/20/2019

Cul-de-Sac means a local street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.

Effective on: 5/20/2019

Day Care Use Category contains public and civic uses providing care, protection, and supervision for at least 17 children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day. 

Examples of primary uses in this category include: 

Adult care center; Child care center; Nursery school or pre-school; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated office and storage; Food preparation and dining facility; Minor utilities; and Recreation facility

Effective on: 5/20/2019

Dedication means the grant of an interest in property to the public for public use and benefit.

Effective on: 5/20/2019

Deed means a legal document conveying ownership of real property.

Effective on: 5/20/2019

Deed Restriction. See Restrictive Covenant.

Effective on: 5/20/2019

Density means the average number of housing units per unit of land generally expressed as “dwelling units per acre.”

Effective on: 5/20/2019

Design Storm Event means rainfall intensity upon which the drainage facility will be sized.

Effective on: 5/20/2019

Developer means the legal or beneficial owner(s) of land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interest in such land. Also, any person, developer, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

Effective on: 5/20/2019

Development means the subdivision of land or any manmade change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, conversion, improvement, or enlargement of any structure; and any mining, dredging, filling, grading, paving, excavation or drilling operations.

Effective on: 5/20/2019

Drainage Area Map means an area map of watershed which is subdivided to show each area served by each subsystem.

Effective on: 5/20/2019

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

Effective on: 5/20/2019

Dwelling means a building, or portion thereof, which is used exclusively for human habitation.

Effective on: 5/20/2019

Dwelling, Duplex means a building containing two dwelling units on a single lot, designed to be occupied by two families living independently of each other. The term is synonymous with "two-family dwelling".

Effective on: 5/20/2019

Dwelling, Group Residential means a dwelling that houses unrelated individuals, including nursing homes, half-way houses, dormitories, rooming/boarding houses and other similar facilities.

Effective on: 5/20/2019

Dwelling, Apartment means a building located on a single lot designed or altered for occupancy by five or more families living independently of each other and entirely separated from any other dwelling by setbacks on all sides. A single proprietor owns all dwelling units. 

Effective on: 5/20/2019

Dwelling, Multiplex means a building with three to four dwelling units on a single lot designed to resemble a large single-family detached dwelling. Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under.

Effective on: 5/20/2019

Dwelling, Patio Home means a single-family detached dwelling with front and rear setbacks and a single side setback.

Effective on: 5/20/2019

Dwelling, Single-Family Detached means a building located on a single lot, designed exclusively for occupancy by one family and entirely separated from any other dwelling by setbacks on all sides.

Effective on: 5/20/2019

Dwelling, Single-Family Attached means two attached single-family dwellings located on two separately platted lots that share a common firewall along the interior lot line.  

Effective on: 5/20/2019

Dwelling, Townhouse means a set of attached dwelling units in a row of at least three, but no greater than seven, of such units, each of which is located on a separate lot and is separated from the others by common fire-resistive walls. 

Effective on: 5/20/2019

Dwelling Unit means a single unit providing complete, independent living facilities for a family including permanent provisions for living, sleeping, eating, cooking and sanitation.

Effective on: 5/20/2019

Easement means a grant of one or more property rights by the property owner to and for the use of the public, a corporation or other persons, for a designated part of his property, and for a specified purpose.

Effective on: 5/20/2019

Educational Facilities Use Category contains public and civic uses including schools at the elementary, middle, or high school level that provide basic academic education. This category also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus selling. 

Examples of primary uses in this category include: 

College, university or seminary; Nursing or medical school not associated with a hospital; Public or private elementary, middle or high school; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Assembly hall; Associated office and storage; Athletic facilities; Auditorium or theater; Before- and after-school day care; Concession; Dormitory; Food preparation and dining facility; Laboratory; Library; Medical clinic; Minor utilities; and Recreation facility

Effective on: 5/20/2019

Engineering Design Standards means the specifications and standards for the construction of public improvements in the City of Dayton. Design standards and specifications for public works construction are available from the department of planning and community development.

Effective on: 5/20/2019

Erect means to build, construct, attach, hang, place, suspend, affix, or paint a sign.

Effective on: 5/20/2019

Exterior Wall means the outermost wall surface of a building, excluding doors and windows.

Effective on: 5/20/2019

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 adopted by a community.

Effective on: 5/20/2019

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).

Effective on: 5/20/2019

Extraterritorial Jurisdiction (ETJ) means the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of Dayton, the outer boundaries of which are measured from the extremities of the corporate limits of the city outward for a distance of one mile.

Effective on: 5/20/2019

Facing or Surface means the surface of the sign upon, against, or through which a message is displayed or illustrated on the sign.

Effective on: 5/20/2019

Family means one or more persons related by blood or marriage, including adopted children, or a group of not to exceed three persons not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, motel, club, or similar dwelling for group use.

Effective on: 5/20/2019

Family home means 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.

Effective on: 5/20/2019

Fire Marshal means the chief fire hazard and arson inspector of the city.

Effective on: 5/20/2019

Flag Lot means a lot with:

1. Less than the minimum required frontage on a public or private street; 
2. Access to the street by a narrow strip of land; and
3. Its largest portion situated behind adjoining lots that front on the street.

Effective on: 5/20/2019

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.

Effective on: 5/20/2019

Flood Insurance 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.

Effective on: 5/20/2019

Flood Fringe means the area, other than the stream channel and floodway, which occupies the remainder of the 100-year floodplain, and received shallower waters and less velocities, as defined by FEMA.

Effective on: 5/20/2019

Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Effective on: 5/20/2019

Flood Protection System means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Effective on: 5/20/2019

Floodplain means the stream channel, the floodway and the flood fringe, as defined by FEMA.

Effective on: 5/20/2019

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.

Effective on: 5/20/2019

Floodplain Management Regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) 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.

Effective on: 5/20/2019

Floodplain or Floodprone Area means any land area susceptible to being inundated by water from any source (see definition of flooding).

Effective on: 5/20/2019

Floodproofing 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,

Effective on: 5/20/2019

Floodway, Regulatory means the flood corridor of a river or other watercourse that is reserved in order to discharge the 100-year flood, as defined by FEMA.

Effective on: 5/20/2019

Floor Area Ratio means the gross floor area of all buildings on a lot, divided by the lot area.

Effective on: 5/20/2019

Foster Home means a child-care facility that provides care for not more than six children for 24 hours a day.

Effective on: 5/20/2019

Fuel Sales means any structure, land area, or other premises, used for the retail dispensing or sales of vehicular fuels.

Effective on: 5/20/2019

Functional Street Classification System means a hierarchical circulation system for the safe and efficient operation of vehicles which provides for the gradation in function from access to movement, as illustrated in Figure 2. The functional street classifications are expressway, major arterial, minor arterial, collector, and local. Each is defined herein.

Effective on: 5/20/2019

Functionally Dependent Use means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Effective on: 5/20/2019

Government Facilities Use Category contains public and civic uses including offices, storage, maintenance, and other facilities for the operation of local, state, or federal government.

Examples of primary uses in this category include: 

Town, city, county, state or federal office, parking lot or maintenance area; Detention center, jail or prison, publicly-owned and operated; Emergency services, police or fire station; Post office; Utility office; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated helicopter landing facility; Associated storage; Day care for children of employees; Dormitory; Fleet maintenance; Food preparation and dining facility; Fueling facility; Medical clinic for employees or inmates; Meeting space; Minor utilities; and Recreation facility

Effective on: 5/20/2019

Grade means:

1. The slope of a road, street, or other public way, specified in percentage (%) terms.
2. The average elevation at ground level of the buildable area, i.e., the area conforming to all setback requirements, of a lot, tract or parcel of land.

Effective on: 5/20/2019

Grass means any of numerous grass species that will attain a thick green cover of turf over the available soil area.

Effective on: 5/20/2019

Greenhouse or Nursery an establishment primarily engaged on the propagation of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

Effective on: 5/20/2019

Groundcover means plants of species which will not generally reach a height of more than two feet, installed in such a manner as to form a continuous cover over the ground.  Groundcover includes sod, ornamental grasses, shrubs, mulch, or perennial or seasonal plantings.

Effective on: 5/20/2019

Group Living Use Category contains residential uses including the occupancy of a structure by a group of people that does not meet the definition of the Household Living Use Category. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training. Caregivers may or may not reside on site. 

Examples of primary uses in this category include:

Assisted living facility; Boarding house; Family home; Foster home; Fraternity, sorority, or dormitory; Group home for the physically and/or mentally disabled, that is not considered a single-family residence; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated office; Facilities for treatment of sickness, injuries or surgical care; Food preparation and dining facility; Greenhouse or nursery (noncommercial); Minor utilities; Pool house; Private community center; Swimming pool; Recreational facility; and Other miscellaneous household amenities 

Effective on: 5/20/2019

Hardscape means the non-living elements used in landscape such as decorative walls, ledges, fountains, sculptures, stone paths, etc.

Effective on: 5/20/2019

Health Department means the Texas Department of State Health Services and/or the City-County Health Department.

Effective on: 5/20/2019

Heavy Industrial Use Category contains uses engaged in the manufacturing, assembly or processing of chemicals, animal products and metals, the activities of which are likely to have characteristics that discourage adjacency to residential uses. Factory production and industrial yards are located here. Sales to the general public are rare..

Examples of primary uses in this category include:

Manufacture, assembly or processing of acid, acetylene gas, aircraft, alcoholic beverages (wholesale), ammonia, asbestos and asbestos products, asphalt, automobiles or trucks, batteries, bones, boxes or crates or pallets, brick or tile or terra cotta, building materials, celluloid, cement, chalk, charcoal, chemicals, chlorine,coffins, corrugated metal, cotton oil, creosote, disinfectant, dyes or inks, fat, fertilizer, fireworks, gas, gelatin, glass, glue, graphite​​​​​​​, grease, gunpowder, gypsum, hemp, insecticide, lacquer​​​​​​​, lard, lime, linoleum​​​​​​​, machinery, manufactured or mobile homes, metal, motors or engines, paint, paraffin​​​​​​​, petroleum, plaster of Paris, plastic​​​​​​​, poison, porcelain​​​​​​​, recreational vehicles, railroad vehicles and equipment, rubber, salt, shellac, tallow, tar, tires, trailers​​​​​​​, turpentine, varnish, vinegar, wax, or yeast

Additional uses include: Arsenal; Boiler works; Bulk storage of explosive or hazardous materials; Coke oven; Concentrated animal feeding operation; Concrete batching and asphalt processing and manufacture; Feed milling​​​​​​​; Fertilizer storage; Grain elevator; Incinerator for reduction of garbage, dead animals, offal, refuse or automobile bodies (non-governmental); Railroad yard or repair shop; Rice dryer; Sawmill; Smelter; Slaughtering, packaging or processing of animals; Wrecking, junk or salvage yard; and Other uses that the Director​​​​​​​ interprets to meet the characteristics of this Use Category

​​​​​​​Typical accessory uses include:

Associated office and storage; Associated retail sales related to the primary use; Day care for children of employees; Fleet maintenance; Food preparation and dining facility; Fueling facility; Medical clinic for employees; Meeting space; Minor utilities; Recreation facility; and Single attached residential unit for caretaker

Effective on: 5/20/2019

Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Effective on: 5/20/2019

Historic Structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 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 of the Interior to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
   1. By an approved state program as determined by the Secretary of the Interior; or
   2. Directly by the Secretary of the Interior in states without approved programs.

Effective on: 5/20/2019

Home Occupation means any occupation that is carried out within the home or within a structure which is an accessory to the home.

Effective on: 5/20/2019

Household Living Use Category contains residential uses including occupancy of a dwelling unit by a household on a month-to-month or longer basis in structures with self-contained dwelling units, including kitchens.

Examples of primary uses in this category include:

Apartment; Duplex; Industrialized housing; Manufactured home on a parcel or platted lot, stand-alone; Manufactured home park; Multiplex; Patio home; Single-family attached dwelling; Single-family detached dwelling; Townhouse; Upper-story residential; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Adult or child care home; Domestic storage; Family home; Garage, private or shed; Home occupation; Leasing office for manufactured home park or apartment complex; Minor utilities; Model home with sales office in model home; Pool house; Private community center; Solar panel array; Swimming pool; and Other miscellaneous household amenities

Effective on: 5/20/2019

Hydraulic Grade Line means a line representing the pressure head available at any given point within the drainage system.

Effective on: 5/20/2019

Illuminated Sign means a sign utilizing internal or external lights, which make the message more readable, typically, but not necessarily, during hours of darkness. 

Effective on: 5/20/2019

Impervious Surface means the area of a parcel where significant amounts of water cannot penetrate into the ground due to the presence of impervious surfaces, including building footprints. Examples of impervious surfaces are asphalt and concrete. Examples of pervious surfaces include vegetated areas, semi-pervious paving, and wood decks.

Effective on: 5/20/2019

Improvement means any manmade, immovable item, which becomes part of, placed upon, or is affixed to, real estate.

Effective on: 5/20/2019

Infill Development means new development or redvelopment of vacant or underused property that is already served by infrastructure and is surrounded by existing development .

Effective on: 5/20/2019

Individual Sewage Disposal System means a septic tank, seepage tile-sewage disposal system, or any other approved on- lot sewage treatment device.

Effective on: 5/20/2019

Indoor Recreation Use Category contains commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. 

Examples of primary uses in this category include:

Adult business; Bar or nightclub; Bowling alley; Convention center; Dance hall; Fitness gym; Gymnastic, dance, or martial arts facility; Indoor firearms range; Movie or other theater; Pool hall; Skating rink; Tattoo parlor; Tennis or racquetball facility; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Associated retail sales related to the primary use; Concession; Food preparation and dining facility; Minor utilities; and Swimming pool, indoor

Effective on: 5/20/2019

Industrialized Housing means a single-family detached or duplex residential structure that is:

1. Designed for the occupancy of one or more families;
2. Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
3. 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.

The term is synonymous with "modular home".

Effective on: 5/20/2019

Label means a metal inspection-label or plate which has been permanently affixed by the manufacturer or by an approved testing agency to a manufactured home or recreational vehicle or to associated equipment and that contains:

1. A serial number, if required,
2. The specifications of the vehicle or the equipment to which it is attached; and
3. Refers to any standards that have been met in the construction of such vehicle or equipment.

Effective on: 5/20/2019

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.

Effective on: 5/20/2019

Land Surveyor, Registered Professional means a land surveyor licensed and registered in the State of Texas.

Effective on: 5/20/2019

Land Use means a description of how land is occupied or utilized.

Effective on: 5/20/2019

Landscaped Area means an area devoted to and consisting of trees, grass, plant materials and other features used primarily for landscaping purposes, which is installed to meet the requirements of this article. For purposes of meeting the requirements of this article, undeveloped portions of the site shall not be considered landscaped area.

Effective on: 5/20/2019

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Effective on: 5/20/2019

Levee System means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Effective on: 5/20/2019

Light Industrial Use Category contains uses engaged in the manufacturing, assembly or processing of industrial, business or consumer goods, usually from basic finished inputs such metal, stone, glass, plastic or rubber. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. 

Examples of primary uses in this category include:

Manufacture or assembly of appliances, artificial limbs, awnings, beds, blinds, boats, books, brooms, buses, carpet, clothing or textiles or canvas, cosmetics, equipment, electrical items, felt, hardware, ice, jewelry, medical, optical or dental instruments or supplies, mirrors, medical instruments, musical instruments, perfume, pharmaceuticals, shoes, shutters or shades, signs, toys

Additional uses include: Bakery, wholesale; Biodigester; Bottling or canning; Brewery; Building and development contractors specializing in building, excavating, heating, plumbing, landscaping or electrical and others who perform services off-site, but store equipment and materials on-site; Bulk mailing service; Clothing or textile manufacturing; Creamery; Crematorium; Engraver; Food processing; Janitorial and building maintenance service, exterminator, maintenance yard or facility; Laundry, dry-cleaning, and carpet cleaning plants; Metal plating; Metal shop; Printing, publishing, and lithography; Repair of scientific or professional instruments or electric motors; Research, testing, and development laboratory; Smoking or processing of meat products (wholesale); Stone cutting; Welding, tool repair or machine shop; Woodworking, including cabinet makers and furniture manufacturing; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Associated retail sales related to the primary use; Associated showroom; Day care for children of employees; Fleet maintenance; Food preparation and dining facility; Fueling facility; Medical clinic for employees; Meeting space; Minor utilities; Recreation facility; Single attached residential unit for caretaker; and Wholesale and/or retail sales

Effective on: 5/20/2019

Lot means a platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.

Effective on: 5/20/2019

Lot Lines mean the lines bounding a lot or parcel. 

Effective on: 5/20/2019

Lot Line, Front means on an interior lot or parcel, the lot line separating the lot from the street right-of-way; on double frontage lot, the lot line separating the lot from the street right-of-way from which access is provided to the lot; and on a corner lot, the lot line separating the lot from the street right-of-way which is designated on the plat as the front.

Effective on: 5/20/2019

Lot Line, Rear means the lot line opposite and most distant from the front lot line.

Effective on: 5/20/2019

Lot Line, Interior Side means any lot line other than a front or rear lot line. If such side lot line abuts street right-of-way it is considered an exterior side lot line; if it abuts another lot or parcel it is considered an interior side lot line.

Effective on: 5/20/2019

Lot of Record means a lot which is a part of an approved plat, the map of which has been recorded in the office of the Liberty County Clerk.

Effective on: 5/20/2019

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

Effective on: 5/20/2019

Lot, Double Frontage means a lot having a frontage on two streets that do not intersect at the boundaries of the lot, as distinguished from a corner lot.

Effective on: 5/20/2019

Lot, Interior means a lot other than a corner lot.

Effective on: 5/20/2019

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

Effective on: 5/20/2019

Lot, Zero Lot Line means a lot where the outside wall of a patio home is located on a side property line.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Effective on: 5/20/2019

Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of 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.

Effective on: 5/20/2019

Manufactured Home, HUD-Code means structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and 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. 

Effective on: 5/20/2019

Manufactured Home Park means a parcel (or contiguous parcels) of land upon which three or more manufactured homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer, and electrical services available. A manufactured home park is not a recreational vehicle park.

Effective on: 5/20/2019

Manufactured Home Sales Lot means a parcel or tract of land, which is used by a manufactured home or recreational vehicle dealer for the sale of manufactured homes or recreational vehicles.

Effective on: 5/20/2019

Manufactured Home Stand means that part of a manufactured home park, which has been improved for the placement of the manufactured home including all required appurtenances and having provision for available utility connections.

Effective on: 5/20/2019

Manufacturer means the manufacturer of a manufactured home or a recreational vehicle.

Effective on: 5/20/2019

Masonry means natural and manufactured stone material, granite, marble, architectural concrete block, brick, stucco, tilt wall concrete panels, and similar materials as designated by the Director of Planning. This term does not include Exterior Insulation Finishing System (EIFS) or similar materials. 

Effective on: 5/20/2019

Mean Sea Level means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.

Effective on: 5/20/2019

Medical Facility Use Category contains public and civic uses providing medical or surgical care to patients. Some uses may offer overnight care.

Examples of primary uses in this category include: 

Acupuncture clinic; Blood or blood plasma center; Chiropractor; Drug, alcohol or psychiatric treatment center, out-patient; Hospice or nursing home; Hospital; Medical or dental office or laboratory; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated helicopter landing facility; Associated office and storage; Associated retail sales area related to the primary use; Classrooms; Day care for children of employees or patients; Dormitory; Fleet maintenance; Food preparation and dining facility; Minor utilities; Place of worship; Pharmacy; and Recreation facility

Effective on: 5/20/2019

Microbrewery means a facility for the brewing of beer that produces less than 10,000 barrels per year, for on-site consumption, and which possesses the appropriate licenses from the state of Texas. It may often include a tasting room and retail space to sell the beer to patrons on-site. 

Effective on: 5/20/2019

Mobile Home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems.

Effective on: 5/20/2019

Multifamily Dwelling Complex means a multiplex or apartment complex. 

Effective on: 5/20/2019

Multiplex means a building with three to four dwelling units on a single lot designed to resemble a large single-family detached dwelling. Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under.

Effective on: 5/20/2019

New Construction means for the purpose of determining 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. 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.

Effective on: 5/20/2019

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 floodplain management regulations adopted by a community.

Effective on: 5/20/2019

Occupant means the person or persons who occupy or own a building. 

Effective on: 5/20/2019

Off-Site means any property not located within the area of the subject property.

Effective on: 5/20/2019

Off-Site Improvements means any utility, paving, grading, drainage, structure, or modification of topography, that is, or will be located on property not within the boundary of the property to be developed.

Effective on: 5/20/2019

Off-Street Parking means a type of parking wherein the maneuvering of the vehicle while parking and backing out, as well as parking itself, is done entirely off of the street right-of-way, and where access to the area is by means of driveway approach built to the standards of the City of Dayton.

Effective on: 5/20/2019

Office Use Category contains commercial activities conducted in an office setting and generally focusing on business, professional or financial services. 

Examples of primary uses in this category include: 

Offices or agencies for services such as advertising, bill collection, charitable organization, consulting, counseling, data processing, investment or brokerage, real estate or insurance, sales, temporary employment or travel

Additional uses include: Bank or credit union; Professional service such as lawyer, accountant, designer, bookkeeper, engineer or architect; TV or radio studio; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated storage; Day care for children of employees; Medical clinic for employees; Minor utilities; Food preparation and dining facility for employees; Recreation facility for employees; and Private telecommunication or transmission tower 

Effective on: 5/20/2019

On-Site means any property located within the subject property.

Effective on: 5/20/2019

Outdoor Display Area means any outdoor area where motor vehicles, trailers, semitrailers or other motor-driven equipment are stored throughout the day and night, and are held for the purpose of sales or lease as an entire or complete unit.

Effective on: 5/20/2019

Outdoor Recreation Use Category contains commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an outdoor setting.

Examples of primary uses in this category include: 

Outdoor activity such as archery range, batting cage, firearms range, swimming pool, tennis court, or water park 

Additional uses include: Amphitheater; Amusement park; Animal racing or training; Campground; Fairgrounds or rodeo grounds; Farmers market, outdoor; Flea market, outdoor; Golf course, driving range or mini-golf course; Paintball facility; Recreational vehicle park; Stable, public or commercial; Stadium, arena, running track or ball field; Track, vehicle race; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Associated retail sales related to the primary use; Concession; Food preparation and dining area; Minor utilities; and Single attached dwelling unit for caretaker

Effective on: 5/20/2019

Outdoor Storage means the storage of especially large quantities of materials or products associated with any industry or business. Such storage requires a structure designed for and/or devoted to the containment of the item, such as oil storage tank or grain elevator.

Effective on: 5/20/2019

Overnight Accommodations Use Category contains commercial bedroom and bathroom units arranged for short-term stays of less than 30 days for rent or lease.

Examples of primary uses in this category include: 

Bed and breakfast home; Bed and breakfast inn; Hotel or motel; Resort; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Meeting space; Minor utilities; Recreational facility; Restaurant; and Swimming pool 

Effective on: 5/20/2019

Owner means the owner or lessor, whether one or more, of the premises on which a manufactured home park or manufactured home lot is operated when such person is not a licensee.

Effective on: 5/20/2019

Parcel means a contiguous area of land in the possession of or owned by, or recorded as the property of, the same person or persons.

Effective on: 5/20/2019

Parking, Commercial Use Category contains commercial facilities that provide parking that is not accessory to a primary use, for which a fee may or may not be charged.

Examples of primary uses in this category include: 

Park-and-ride facility; Parking lot or structure, commercial; Truck, tractor, trailer or bus storage or parking yard, lot, or garage; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; and Minor utilities 

Effective on: 5/20/2019

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.

Effective on: 5/20/2019

Parks and Open Areas Use Category contains public and civic uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures. 

Examples of primary uses in this category include: 

Botanical garden or nature preserve; Cemetery, columbarium, mausoleum, or memorial park; Dog park, publicly-owned; Park or playground; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Associated retail sales area related to the primary use; Boat launch; Concession; Dining area; Minor utilities; and Recreation facility 

Effective on: 5/20/2019

Passenger Terminal Use Category contains public and civic or commercial facilities for the takeoff and landing of airplanes and helicopters, and terminals for taxi, rail or bus service. 

Examples of primary uses in this category include: 

Airport or heliport; Bus passenger terminal, taxi dispatch center, train passenger terminal; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Associated retail sales area related to the primary use; Concession; Fleet maintenance; Freight handling area; Fueling facility; and Minor utilities 

Effective on: 5/20/2019

Parking Space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

Effective on: 5/20/2019

Pervious means any material that permits full or partial absorption of storm water into previously unimproved land

Effective on: 5/20/2019

Place of Assembly Use Category contains public and civic facilities where people assemble for civic, educational, religious, philosophical or cultural purposes.

Examples of primary uses in this category include: 

Assembly, meeting, event or exhibition hall; Church, mosque, synagogue, or temple; Community center; Library; Museum; Philanthropic institution; Senior or youth center; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Assembly hall; Associated office and storage; Associated retail sales area related to the primary use; Classrooms; Day care; Food preparation and dining facility; Garden; Library; Minor utilities; Nursery school or pre-school; Recreation facility; and Residences for clergy

Effective on: 5/20/2019

Planned Neighborhood means a land development project comprehensively planned as an entity via a unified site plan which permits flexibility in building siting, mixtures of building types and land uses, usable open spaces, and the preservation of significant natural features.

Effective on: 5/20/2019

Planning and Zoning Commission means the Planning and Zoning Commission of the City of Dayton.

Effective on: 5/20/2019

Plat, Amending means a correction to a recorded plat, that does not require a Replat or a Vacation.

Effective on: 5/20/2019

Plat, Final means a map of a land subdivision prepared according to applicable laws of the State of Texas and ordinances of the city and county having the necessary affidavits for filing, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.

Effective on: 5/20/2019

Plat, Minor means a plat of land which includes four or fewer lots, and which does not necessitate the extension of streets or municipal facilities.

Effective on: 5/20/2019

Plat, Preliminary means a map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail according to these regulations to indicate the suitability of the proposed subdivision.

Effective on: 5/20/2019

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 portable on demand (POD) moving container; or
3. A pre-assembled storage structure.

Effective on: 5/20/2019

Plat, Unrecorded means a plat which has been approved by a city or county, but has not been recorded with the Liberty County Clerk.

Effective on: 5/20/2019

Plat, Vacated means a plat which is vacated through the procedures described in this UDC, and is made legally void.

Effective on: 5/20/2019

Primary Exterior Wall means the building facade that is closest to the adjacent street with the highest functional classification.

Effective on: 5/20/2019

Principal Structure means a building/structure in which is conducted the principal use of the lot on which it is located.

Effective on: 5/20/2019

Private Utility means a business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequences and need, such as electricity, gas, transportation or communications.

Effective on: 5/20/2019

Professional Engineer means an engineer registered to practice in the State of Texas.

Effective on: 5/20/2019

Property Line means the lines bounding a property.

Effective on: 5/20/2019

Public Improvement means any improvement, facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, drainage, public or private utilities, parks or recreational, energy or similar essential services.

Effective on: 5/20/2019

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 may include, but are not limited to, 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. Alcohol may or may not be served; however, if it is served, an appropriate license from the state of Texas is required. 

Effective on: 5/20/2019

Rational Formula means a method for calculating the peak runoff for a storm drain system using the following equation for runoff: Q=CIA.

Effective on: 5/20/2019

Recreational Vehicle (RV) means a vehicle which is:

1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Effective on: 5/20/2019

Redevelopment means change in land use that alters the impervious cover from one type of development to either the same or another type, and takes advantage of the existing infrastructure in place as a drainage outlet.

Effective on: 5/20/2019

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.

Effective on: 5/20/2019

Replat means a change in a recorded plat which does not require the vacation of the preceding plat.

Effective on: 5/20/2019

Reserve Strip means a prohibited narrow, linear strip of property, usually separating a parcel of land and a roadway or easement, that is characterized by limited depth which will not support development and which will prevent access to the roadway or easement from the land adjacent to the reserve strip.

Effective on: 5/20/2019

Residential Subdivision means a development that includes single- or two-family detached or attached dwellings; townhouses; multiplexes; and/or apartments.

Effective on: 5/20/2019

Restaurant Use Category contains commercial establishments that prepare and sell food for on-premises or off-premises consumption.

Examples of primary uses in this category include: 

Candy, yogurt, or ice cream shop; Catering establishment; Coffee shop; Microbrewery; Pizza delivery facility; Restaurant, standard; Restaurant, drive-in or drive-through; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Drive-through facility; Minor utilities; Outdoor dining area; and Recreational facility

Effective on: 5/20/2019

Restrictive Covenant means a restriction on the use of land usually set forth or referred to in the deed. Such covenants usually run with the land and are binding upon subsequent owners of the property.

Effective on: 5/20/2019

Retail Sales and Service Use Category contains commercial establishments or individuals involved in the sale, lease, or rental of new or used products, or providing personal services or repair services to the general public.

Examples of primary uses in this category include: 

Sales-Oriented:

Store selling, leasing or renting consumer, home, and business goods including, but not limited to: alcoholic beverages, animal feed, antiques, appliances, art, art supplies, baked goods (retail), bicycles, books, building supplies, cameras, candy, carpet and floor coverings, crafts, clothing, collectibles, computers, convenience goods, electronic equipment, electronic and mixed media, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement supplies, household products, jewelry, luggage, medical supplies, musical instruments, office supplies, pawned items, pets, pet supplies, pharmaceuticals, photographic supplies, picture frames, plants, postal supplies (non-governmental), printed materials, produce, school or teacher supplies, second-hand goods indoors or at a flea market, seeds, souvenirs, shoes, sporting goods, stationery, tobacco, electronic cigarettes, and related products, toys, and vehicle parts and accessories 

Service-Oriented:

Animal grooming; Barber or beauty shop; Driving, vocational, trade, and other commercial school; Dry cleaning and pressing establishment; Funeral home or mortuary; Laundromat; Kennel; Massage, nail, or tanning establishment; Music, art, or photographic studio or classroom; Optician or optometrist; Pet groomer; Photocopy, blueprint, package shipping, and quick-sign service; Photography studio; Psychic or medium; Shoe repair; Tailor; Taxidermist; Upholsterer; Urgent care or emergency medical center; and Veterinary clinic or hospital

Repair-Oriented:

Store offering repair of retail consumer goods excluding those repair services listed in the Vehicle Sales and Service Use Category, and including, but not limited to: appliances, bicycles, clocks, electronics, jewelry, locks and keys, musical instruments, office equipment, shoes, and watches.

Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Concession; Day care for children of employees; Food preparation and dining area; Minor utilities; and Single attached dwelling unit for caretaker

Effective on: 5/20/2019

Right-of-Way means property or right-of-way owned by the city, county, or state and used for the purposes of roads, highways, drainage, and public utilities.

Effective on: 5/20/2019

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Effective on: 5/20/2019

Roadway means the improved or unimproved portion of a str eet intended for the accommodation of vehicular traffic.

Effective on: 5/20/2019

School, High means an educational facility that teaches students from grades 9 to 12.

Effective on: 5/20/2019

Seasonal Sale means the temporary outdoor sale of merchandise from private property related to a holiday event (for example, sale of pumpkins in the fall, holiday trees, or Fourth of July or New Year fireworks).

Effective on: 5/20/2019

Self-Service Storage Use Category means commercial facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property.

Examples of primary uses in this category include: 

Boat or recreational vehicle storage; Mini-warehouse or multistory enclosed storage facility; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Minor utilities; Moving vehicle rental; and Single attached dwelling unit for caretaker

Effective on: 5/20/2019

Semi-Pervious Paving means a surfacing system composed of structural units with void areas filled with pervious materials such as sand or grass turf so that at least sixty‐five percent of the surface area is permeable. 

Effective on: 5/20/2019

Setback means a stated minimum distance from a lot line to a building, structure, or use.

Effective on: 5/20/2019

Service Area means a specific area representing the maximum limits served by a particular utility.

Effective on: 5/20/2019

Service Building means a structure housing toilet facilities, lavatories, bathing facilities, and such other facilities as may be required or permitted under the provisions of this article and which is used in connection with the operation of a manufactured home park.

Effective on: 5/20/2019

Shallow Flooding Area means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s flood insurance rate map (FIRM) with a 1-percent or greater annual chance of flooding to an average depth of 1 to 3 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.

Effective on: 5/20/2019

Sheet Flow means overland storm runoff that is not conveyed in a defined conduit and is typically in excess of the capacity of the conduit.

Effective on: 5/20/2019

Shipping Container means a container with strength suitable to withstand shipment, storage, and handling, which is typically a large reusable steel box used for intermodal shipments.

Effective on: 5/20/2019

Shrub means a woody plant of low or medium height, usually multistemmed.

Effective on: 5/20/2019

Sidewalk means a paved surface area usually paralleling and separated from the roadway, used as a pedestrian-way.

Effective on: 5/20/2019

Sidewalk Sale means a temporary, special outdoor sale conducted on public or private sidewalks immediately adjacent and contiguous to commercial or mixed use buildings; provided, the merchandise being sold is consistent with the merchandise of the adjacent and contiguous business.

Effective on: 5/20/2019

Sign means any writing, pictorial representation, illustration, emblem, symbol, design, or other figure of similar character which is:

1. A structure, or is attached to, or in any manner represented, on a building or other structure,
2. Placed out of doors in view of the general public, and
3. Used for purposes of advertisement, announcement, declaration, demonstration, display, identification, or expression.

The term sign shall include the sign structure.

Effective on: 5/20/2019

Sign, A-Frame means a portable, non-illuminated sign consisting of two sign faces hinged at the top and separated at the bottom so that it is self-standing, which is for the purpose of directing attention to a business, commodity, service, or entertainment offered within a building on the site upon which the sign is located.

Effective on: 5/20/2019

Sign, Access means a freestanding on-premise sign located at the entry or exit of a vehicle use area that may or may not give exit or entry directions or facility information.

Effective on: 5/20/2019

Sign, Awning means a projecting sign attached to, hung from, or painted on a canopy or covered structure which extends beyond the building line or property line.

Effective on: 5/20/2019

Sign, Cabinet means a sign with text or symbols printed on a plastic or acrylic sheet that is mounted on a box or cabinet that houses the lighting source and equipment. 

Effective on: 5/20/2019

Sign, Channel means means a sign comprised of fabricated or formed three-dimensional letters, numbers, and/or symbols.

Effective on: 5/20/2019

Sign, Development Entry means a sign at the entrance to a residential or mixed use development.

Effective on: 5/20/2019

Sign, Directory means an outdoor sign listing and identifying the occupants within retail centers, industrial centers, office complexes, institutional campuses (e.g. medical center, hospital, etc.), and other multi-tenant mixed use or nonresidential sites.

Effective on: 5/20/2019

Sign, Fascia or Parapet  means  a sign that is attached to that portion of a building's exterior wall the projects above the roof line of the building. A parapet sign is a wall sign and does not project above the roof line or parapet line, whichever is higher.

Effective on: 5/20/2019

Sign, H-Frame means a sign that is supported by a metal frame that has two tines inserted into the flutes of the plastic or cardboard sign face and is manually pushed into the ground.  These signs are usually temporary in nature.

Effective on: 5/20/2019

Sign, Hanging means a sign that is suspended over a walkway or a sidewalk, street, or other public right-of-way.

Effective on: 5/20/2019

Sign, Inflatable means a sign or component of a sign that is supported by one or more air chambers that may be sealed or kept inflated by blowers. The phrase includes, but is not limited to balloons, tubes in motion, and inflatable sign structures.

Effective on: 5/20/2019

Sign, Marquee means a permanent roof-like structure suspended over a walkway or a sidewalk, street, or other public right-of-way, 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.

Effective on: 5/20/2019

Sign, Menu Board means a sign erected in conjunction with a use that incorporates a drive-through or drive-in generally used to provide service or product options and pricing for customers in a vehicle or on foot.

Effective on: 5/20/2019

Sign, Monument means any freestanding sign having a low profile and made of masonry, metal, rounded wood planks or beams, durable plastic or similar materials, including individual lettering, which repeat or harmonize with the architecture of the establishment it serves. Monument signs must be built on a monument base as opposed to a pole base.

Effective on: 5/20/2019

Sign, Off-Premises means any sign advertising a business, person, activity, goods, products, or services not usually located on the premises where the sign is installed and maintained, or that directs persons to any location not on the premises.

Effective on: 5/20/2019

On-Premises Sign means any sign identifying or advertising the person, activity, goods, business, products, or services primarily sold or offered for sale on the premises or property where the sign is installed and maintained when such premises is used for business purposes.

Effective on: 5/20/2019

Sign, Pole means a sign supported by one or more columns, poles, uprights, or braces that are less than 50 percent of the sign face and that anchored in or on the ground and not attached to any building.

Effective on: 5/20/2019

Sign, Political means a sign which is primarily political in nature or which supports or opposes any candidate for public office or any proposition to be voted upon at an election, or which makes a political statement in the nature of constitutionally protected noncommercial free speech.

Effective on: 5/20/2019

Sign, Portable means any sign designed or constructed to be easily moved from one location to another and which is mounted upon or designed to be mounted upon a wheeled carrier or other framed structure.

Effective on: 5/20/2019

Sign, Projecting means a sign attached to and extending beyond the exterior wall of a building or structure so that the sign face is generally perpendicular to the exterior wall.

Effective on: 5/20/2019

Sign, Pylon means a freestanding sign that is affixed to one or more pylons or poles, designed so that the combined width of the poles or pylons is at least 50 percent of the width of the sign face.

Effective on: 5/20/2019

Sign, Roof means a sign placed, inscribed, or supported upon a roof or upon any structure that extends above the roof line of the building.

Effective on: 5/20/2019

Sign, Stake a temporary freestanding sign attached to a wood stake. 

Effective on: 5/20/2019

Sign, Temporary means any sign, banner, pennant, or other advertising display constructed of cloth, canvas, light fabric, cardboard, or other light materials, with or without frames, with or without words, intended to be displayed for a limited period of time on a residential or nonresidential property.

Effective on: 5/20/2019

Sign, Wall means any sign mounted parallel to a wall of a building.

Effective on: 5/20/2019

Sign, Wind Device means any flag, banner, pennant, streamer, balloon, or similar sign made of cloth, canvass, plastic, or other flexible material, with or without a frame or other supporting structure that moves or is designed or intended to move or blow in the wind.

Effective on: 5/20/2019

Sign, Window means any sign, poster, or other similar material affixed on commercial 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 non-commercial), 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.

Effective on: 5/20/2019

Sign Permit means a permit issued by the City to erect a sign. Additionally, a Sign Permit refers to the continuing authorization by the City for the permit holder to maintain and operate a sign while such sign conforms to the provisions of this UDC.

Effective on: 5/20/2019

Sign Structure means any structure, device, or system which supports or is capable of supporting a sign.

Effective on: 5/20/2019

Site Plan means a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and all other information required by this article.

Effective on: 5/20/2019

Social Service Use Category contains public and civic uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to social service programs.

Examples of primary uses in this category include: 

Domestic abuse or transient shelter; Drug, alcohol or psychiatric treatment center, in-patient; Halfway house; Soup kitchen; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated office and storage; Class rooms; Day care for children of employees or clients; Dormitory; Food preparation and dining facility; Library; Meeting space; Minor utilities; and Recreation facility 

Effective on: 5/20/2019

Special Flood Hazard Area means the land in the floodplain within a community subject to a 1-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.

Effective on: 5/20/2019

Stacking Space means a 10 foot by 20 foot space used to determine the number of car lengths needed for drive-through facilities.

Effective on: 5/20/2019

Start of Construction means:

1. For floodplain management purposes, includes substantial improvement and means:

1. 1. 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.
   2. 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.
   3. 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.
   4. 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."

Effective on: 5/20/2019

Stealth Tower means a tower that is camouflaged to be unrecognizable as a telecommunications facility and shall include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structures, antennas integrated into architectural elements such as church spires or window walls, and antenna structures designed to resemble light poles, flagpoles or trees.

Effective on: 5/20/2019

Stone Material means hard, durable, naturally occurring, all-weather stone, cut stone, dimensioned stone, and manufactured stone products.

Effective on: 5/20/2019

Stream Channel means the area of the floodplain which carries the normal flow of the watercourse.

Effective on: 5/20/2019

Street means a public or private right-of-way which is used, or is intended to be used for passage or travel by motor vehicles.

Effective on: 5/20/2019

Street, Collector means a residential or nonresidential street that connects arterials to local streets and that collects traffic and distributes it to the arterial network. As compared to arterial streets, collector streets accommodate smaller traffic volumes over shorter distances.

Effective on: 5/20/2019

Street, Expressway means these facilities include interstate highways, freeways, expressways, parkways and loops, and provide for the rapid and efficient movement of large volumes of traffic between regions and across the urban area. Direct access to abutting property is not an intended function of these facilities.

Effective on: 5/20/2019

Street, Frontage, Access or Service means a minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas for control of access.

Effective on: 5/20/2019

Street, Local means streets function to provide access to abutting property and to collect and distribute traffic between parcels of land and collector or arterial streets.

Effective on: 5/20/2019

Street, Major Arterial means a street that provides a high degree of mobility, serves relatively high traffic volumes, has high operational speeds, and serves a significant portion of through travel or long distance trips. 

Effective on: 5/20/2019

Street, Marginal Access means a local street, parallel and adjacent to a collector or arterial street, but separated from it by a planted strip, that provides access to abutting properties.

Effective on: 5/20/2019

Street, Minor Arterial means a street similar in function to a major arterial, except providing a higher degree of local access and distribution of medium traffic volumes for shorter distance trips than major arterials.

Effective on: 5/20/2019

Street, Oblique means a street that generally runs neither parallel nor perpendicular to a street that it intersects.

Effective on: 5/20/2019

Street, Rural means a street that provides access to residential and agricultural uses, that connects such uses to streets of higher classification, and that is designed to provide transportation and infrastructure service in a rural or suburban cluster setting. 

Effective on: 5/20/2019

Street Yard Area means:

1. The area of a lot that lies between the street right-of-way line and the actual front wall plane of the building. For the purposes of this definition, steps and unenclosed porches shall be excluded, but the building wall line shall follow and include the irregular indentions of the building. A front building wall is a building wall fronting on a street.
2. On corner lots, the street yard shall consist of all the area of such lot between all abutting street right-of-way lines and their corresponding actual front wall planes.

Effective on: 5/20/2019

Structure means any constructed or erected man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land, as well as a manufactured home.

Effective on: 5/20/2019

Structure (Floodplain) means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Effective on: 5/20/2019

Subdivider means a person applying to subdivide land. May also be referred to as applicant.

Effective on: 5/20/2019

Subdivision means the division of any lot, tract or parcel of land into two or more parts. Such term also includes the resubdivision or platting of any lot, tract or parcel of land.

Effective on: 5/20/2019

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.

Effective on: 5/20/2019

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.

Effective on: 5/20/2019

Telecommunications Tower means any structure erected for the purpose of supporting equipment that serves as a telecommunications relay point for cellular telephones, personal communications services (PCS), digital communications, or similar service that is regulated by the 1996 Federal Telecommunications Act.

Effective on: 5/20/2019

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.

Effective on: 5/20/2019

Thin Brick means brick-like material that does not have the thickness of conventional brick but is at least one-half inch thick and meets the latest version of ASTM International standard C-1088.

Effective on: 5/20/2019

Thoroughfare Master Plan means the adopted general plan for guiding thoroughfare system improvements, including the existing and planned extension of city streets and highways. The plan ensures the reservation of adequate right-of- way on appropriate alignments and of sufficient width to allow the orderly and efficient expansion and improvement of the thoroughfare system to serve existing and future transportation needs.

Effective on: 5/20/2019

Tree means a self-supported woody plant of a species which will normally grow to a mature height of at least 15 feet in the Dayton area.

Effective on: 5/20/2019

Tree, Canopy means a tree with a mature height of 30)feet or more. See Plant List in the Appendix of this UDC.

Effective on: 5/20/2019

Tree, Evergreen means means a broad leaf evergreen tree or cone-bearing evergreen tree that, at maturity, typically has a height of greater than 35 feet. See Plant List in the Appendix of this UDC.

Effective on: 5/20/2019

Tree, Ornamental means a tree with a mature height of less than 30 feet. See Plant List in the Appendix of this UDC.

Effective on: 5/20/2019

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, managers, or tenants of the property on which the sale occurs.

Effective on: 5/20/2019

TV or Radio Studio means an establishment containing one or more broadcast studios for over-the-air, cable, or satellite delivery of radio or television programs.

Effective on: 5/20/2019

Unified Development means a commercial development, such as a strip center, mall, multitenant office building, commercial center, or industrial complex, in which two or more separate businesses occupy a single or multiple structure which share on-site parking facilities and common driveways.

Effective on: 5/20/2019

Upper-Story Dwelling means a dwelling unit located above the first floor of an otherwise nonresidential structure. 

Effective on: 5/20/2019

Utility, Major Use Category contains public and civic uses including public or private infrastructure serving the general community, that may or may not be maintained or regulated by a public or municipal entity and possibly having on-site personnel. 

Examples of primary uses in this category include: 

Cell tower; Electrical substation; Electric or gas generation plant; Solar panel array (wall- or ground-mounted and greater than 850 square feet); Telecommunications facility; Water treatment plant; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated office and storage; Fleet maintenance; Minor utilities; and Storage structures

Effective on: 5/20/2019

Utility, Minor Use Category contains public and civic uses including public or private infrastructure serving a limited area with no on-site personnel. 

Examples of primary uses in this category include: 

Telecommunication antenna collocated on an existing structure; Public or municipally-owned utilities; Solar panel array (roof-mounted or ground-mounted 850 square feet or less); Stormwater retention or detention facility; Telephone exchange; Water or wastewater pump station; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include: 

Associated office and storage; Fleet maintenance; Minor utilities; and Storage structures

Effective on: 5/20/2019

Variance means a deviation from the required norm that may be granted following certain procedures specified in this UDC.

Effective on: 5/20/2019

Variance, Floodplain means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)

Effective on: 5/20/2019

Vehicle Sales and Service Use Category contains commercial uses related to direct sales of and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles. Uses classified as Minor Vehicle Service provide service while the customer waits, same day pick-up of the vehicle, or allow customers to leave a vehicle on-site for less than 24 consecutive hours. 

Examples of primary uses in this category include: 

General:

Car wash; Fuel sales; Manufactured home, mobile home, portable building or trailer sales or rental; Truck stop; Vehicle sales, rental, or leasing facilities (including passenger vehicles, motorcycles, trucks, boats and recreational vehicles)

Major Vehicle Repair:

Alignment shop; Auto body shop; Auto upholstery shop; Towing service; and Other repair of cars, trucks, motorcycles, RVs and boats not included in Minor Vehicle Servicing below 

Minor Vehicle Servicing:

Auto detailing; Battery sales and installation; Bed liner installation; Minor scratch and dent repair; Quick lubrication facilities; and Tire sales and mounting 

Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Car wash; Concession; Food preparation and dining area; Fueling facility; Minor utilities; Sale of auto parts; and Towing

Effective on: 5/20/2019

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

Effective on: 5/20/2019

Vertical Mixed Use Building means a building that combines residential and nonresidential uses in the
same building with residential uses only located above the first floor.

Effective on: 5/20/2019

Violation means the failure of a use, structure, or other development to be fully compliant with this UDC. 

Effective on: 5/20/2019

Warehousing and Freight Movement Use Category contains industrial uses involved in the storage or movement of goods for themselves, other firms, or individual consumers. Goods are generally delivered to recipients with little on-site sales activity to customers.

Examples of primary uses in this category include: 

Bulk storage, including cold storage plants, household moving and general freight storage, nonflammable liquids, separate warehouse used by retail store; Bus shop, garage or storage; Express hauling; Food packing and distribution; Motor freight or truck terminal; Outdoor storage yard; Semi-trailer parking; Trucking company; Warehouse for consumer goods sold online; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Day care for children of employees; Fleet maintenance; Food preparation and dining facility for employees; Fueling facility; Medical clinic for employees; Meeting space; Minor utilities; Outdoor storage yard; Recreation facility; and Single attached residential unit for caretaker

Effective on: 5/20/2019

Waste-Related Service Use Category contains industrial uses involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers.

Examples of primary uses in this category include: 

Animal waste processing; Animal waste energy converter; Composting facility; Landfill; Manufacture and production of goods from composting organic material; Recycling facility; Tire recycling or recapping; Wood chipping; Wrecking yard; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Fleet maintenance; Fueling facility; Minor utilities; and Repackaging and shipment of byproducts

Effective on: 5/20/2019

Wastewater Connections means the connection consisting of the pipes, fittings and appurtenances from the drain outlet of the manufactured home, recreational vehicle or existing mobile homes to the inlet of the corresponding sewer riser pipe of the sewer system serving the manufactured home park.

Effective on: 5/20/2019

Wastewater Riser means that portion of the pipe of the sewer lateral which extends vertically to the ground elevation and terminates at a building or manufactured home stand.

Effective on: 5/20/2019

Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Effective on: 5/20/2019

Wholesale Trade Use Category contains industrial uses involved in the sale, lease, or rent of products to industrial, institutional or commercial enterprises only. The uses emphasize on-site sales or order-taking and often include display areas. Business may or may not be open to the general public. Products may be picked up on-site or delivered to the customer.

Examples of primary uses in this category include: 

Fuel sales, wholesale; Mail-order business; Sale or rental of machinery, equipment, heavy equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; Wholesale or auction of food, clothing, auto parts, or hardware; and Other uses that the Director interprets to meet the characteristics of this Use Category

Typical accessory uses include:

Associated office and storage; Associated showroom; Day care for children of employees; Fleet maintenance; Food preparation and dining facility for employees; Medical clinic for employees; Meeting space; Minor fabrication; Minor utilities; Product repair; Repackaging of goods; and Single attached residential unit for caretaker

Effective on: 5/20/2019