1. General. All provisions, terms, phrases, and expressions contained in this Unified Development Code (UDC) shall be construed such that the true intent of the City 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 a legal holiday, that day shall be excluded.
   1. “Day” means a calendar day.
   2. “Month” means a calendar month.
   3. “Year” means a calendar year. 
3. 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 specify otherwise.
4. 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.
5. 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. 
6. References to Governmental Authority. 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  If the referenced document has been repealed and not replaced by another regulation or publication, the requirement of compliance is no longer in effect.
7. 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.

8. Additional Rules of Construction. 

   1. The terms “shall,” "will," or "must" are mandatory and are synonymous. The term “may” is discretionary.

   2. The term “and” indicates that all items being referred to are connected, inclusive, and applicable. The term “or” indicates that one or more of the items being referred to shall apply.

   3. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and vice-versa.

   4. Words used in the plural number include the singular and vice-versa.

   5. “Person” includes an individual, a corporation, a partnership, and an incorporated association of persons such as a club.

   6. The term “building” includes a “structure”; a “building” or “structure” includes any part of the building.  A structure is however not necessarily a building. 

   7. The term “lot” includes plots and tracts.

   8. The terms “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.”

   9. Words not defined in this UDC but defined in any other parts of the City's Code of Ordinances shall be deemed to have the meaning provided in the City's Code of Ordinances. Words not defined in this UDC or in any other part of the City's Code of Ordinances shall have the most appropriate meaning provided in a dictionary in common usage.

Effective on: 6/22/2021

ADA = Americans with Disabilities Act 

Effective on: 6/22/2021

AG = Agricultural 

Effective on: 6/22/2021

ATM = Automated Teller Machine 

Effective on: 6/22/2021

AUE = Animal Unit Equivalent

Effective on: 6/22/2021

BFE = Base Flood Elevation 

Effective on: 6/22/2021

BR = Bedroom 

Effective on: 6/22/2021

CAD = Computed Aided Design 

Effective on: 6/22/2021

CCC = Changeable Copy Center

Effective on: 6/22/2021

CF = Compact Fluorescent 

Effective on: 6/22/2021

CFR = Code of Federal Regulations 

Effective on: 6/22/2021

DRC = Development Review Committee 

Effective on: 6/22/2021

DU = Dwelling Unit

Effective on: 6/22/2021

EMC = Electronic Message Center 

Effective on: 6/22/2021

EMDD = Early Municipal Development District 

Effective on: 6/22/2021

ETJ = Extraterritorial Jurisdiction 

Effective on: 6/22/2021

FAA = Federal Aviation Association 

Effective on: 6/22/2021

FCC = Federal Communications Commission 

Effective on: 6/22/2021

FEMA = Federal Emergency Management Agency 

Effective on: 6/22/2021

FHBM = Flood Hazard Boundary Map 

Effective on: 6/22/2021

FIRM = Flood Insurance Rate Map 

Effective on: 6/22/2021

FIS = Flood Insurance Study

Effective on: 6/22/2021

GC = General Commercial

Effective on: 6/22/2021

GFA = Gross Floor Area 

Effective on: 6/22/2021

GR = General Residential 

Effective on: 6/22/2021

HOA = Homeowners' Association 

Effective on: 6/22/2021

HUD = US Department of Housing and Urban Development 

Effective on: 6/22/2021

IBC = International Building Code 

Effective on: 6/22/2021

IES = Illuminating Engineering Society 

Effective on: 6/22/2021

IESNA = Illuminating Engineering Society of North America 

Effective on: 6/22/2021

IN = Industrial 

Effective on: 6/22/2021

ITE = Institute of Traffic Engineers 

Effective on: 6/22/2021

LED = Light-Emitting Diode 

Effective on: 6/22/2021

MH = Manufactured Home 

Effective on: 6/22/2021

MUD = Municipal Utility District 

Effective on: 6/22/2021

MUTCD = Manual on Uniform Traffic Control Devices 

Effective on: 6/22/2021

NGVD = National Geodetic Vertical Datum 

Effective on: 6/22/2021

OSR = Open Space Ratio 

Effective on: 6/22/2021

OTARD = Over-the-air receiving device

Effective on: 6/22/2021

P&Z = Planning and Zoning Commission 

Effective on: 6/22/2021

PDF = Portable Document Format 

Effective on: 6/22/2021

PE = Licensed Professional Civil Engineer 

Effective on: 6/22/2021

PFA = Parking Floor Area 

Effective on: 6/22/2021

POA = Property Owners' Association 

Effective on: 6/22/2021

PR = Per Bedroom 

Effective on: 6/22/2021

PTOE = Certified Traffic Operations Engineer 

Effective on: 6/22/2021

RV = Recreational Vehicle 

Effective on: 6/22/2021

SF = Single-Family Residential 

Effective on: 6/22/2021

SW3P = Stormwater Pollution Prevention Plan

Effective on: 6/22/2021

TC = Town Center 

Effective on: 6/22/2021

TCEQ = Texas Commission on Environmental Quality 

Effective on: 6/22/2021

TCIA = Tree Care Industry Association 

Effective on: 6/22/2021

TLGC = Texas Local Government Code 

Effective on: 6/22/2021

TWC = Texas Water Code 

Effective on: 6/22/2021

TWDB = Texas Water Development Board 

Effective on: 6/22/2021

TX = State of Texas 

Effective on: 6/22/2021

UDC = Unified Development Code 

Effective on: 6/22/2021

US = United States of America 

Effective on: 6/22/2021

USPS = United States Postal Service 

Effective on: 6/22/2021

WCF = Wireless Communication Facility

Effective on: 6/22/2021

Accessory Building means a building detached from a principal building located on the same lot and which is incidental and subordinate to the principal building. This includes accessory building or use, including a private garage customarily incident to the above uses, but not involving the conduct of a business, or rental of such accessory building; Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple dwelling, hospital or institution.

Effective on: 6/22/2021

Adult Day Care Center means a facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the facility.  Adult Day Care Centers must be licensed by the Texas Department of Human Services.

Effective on: 6/22/2021

Alcohol Sales means the sale of beer, wine, or other alcoholic beverages regardless of whether the beverage was sold for on-premise or off-premise consumption.

Effective on: 6/22/2021

Alternative Financial Services means an establishment which engages in the business of providing money to customers on a temporary basis, wherein such loans are secured by post-dated check, paycheck, or car title.  This classification does not include a state or federally chartered bank, savings and loan association, credit union, or mortgage broker or originator.

Effective on: 6/22/2021

Amusement Redemption Machine means a recreational machine that provides a single user or multiple users with an opportunity to receive something of value other than the right of replay. A coin-operated amusement machine designed primarily for children is not an amusement redemption machine.

Effective on: 6/22/2021

Animal Husbandry means the keeping or raising of livestock or any other animal for agricultural purposes, whether it be commercial or non-commercial. 

Effective on: 6/22/2021

Antique / Secondhand Sales means a business or location that consists of collecting, handling, buying, trading, or selling of used or secondhand merchandise including antiques. Such merchandise shall include, but is not limited to, clothing, watches, jewelry, objects fabricated from precious metals, diamonds, luggage, musical instruments, shotguns, rifles, handguns or any other type of firearms, and other wares and merchandise handled by secondhand dealers in the usual course of trade. The term "secondhand dealer" shall not mean:

1. Any person whose principal business, at any given location or site, consists of the sale, purchase, or handling of new goods or merchandise.
2. Any person conducting a garage sale or yard sale from such person's residence, provided that such garage sale or yard sale shall not exceed three consecutive calendar days in duration and the number of sales shall not exceed four during any 12-month period.
3. A pawn shop as defined in this Division. 

Effective on: 6/22/2021

Apartment means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more dwelling units or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.

Effective on: 6/22/2021

Asphalt or Concrete Batching Plant (Temporary) means a temporary light manufacturing facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction of a specific site or project, and includes facilities for the administration and management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises, and the storage and maintenance of required equipment. This definition does not include the retail sale of finished asphalt or concrete products.

Effective on: 6/22/2021

Attached Accessory Dwelling Unit means a dwelling unit that is structurally attached to a principal building which has separate front and/or rear access and separate kitchen facilities; does not include an upper-story residential; and is not larger than one-third the size of the principal dwelling unit.

Effective on: 6/22/2021

Automated Teller Machine (ATM), Non-Freestanding means an automated mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether inside or outside of a financial institution, or located in a structure unrelated to the financial institution operating it. Such uses may not serve as the principal use of a parcel of land or site.

Effective on: 6/22/2021

Automobile and Recreational Vehicle Sales and Rental means premises on which new or used passenger automobiles, trailers, recreational vehicles, or light trucks in operating condition are displayed for sale, lease, or rental. This includes used car sales or storage lots, and automobile or trailer display and sales rooms. 

Effective on: 6/22/2021

Automobile Parking Lot (Primary Use) means surface lots designed and built for the parking of small to medium sized motor vehicles, not including large trucks such as semi-trailers that are designed to move large quantities of goods. 

Effective on: 6/22/2021

Automobile Parking Structure (Primary Use) means a garage that is available to the public for free or for a fee, or to residents, tenants or guests of a building. Structured parking is also frequently referred to as a parking garage. This includes a parking or public garage.

Effective on: 6/22/2021

Automobile Parts and Accessories means retail sales of automobile related parts and accessories. This includes tire shops. 

Effective on: 6/22/2021

Automobile Repair, Service, and Auto Body means any land, building, structure, or premises used for the general repair of automobiles including but not limited to engine rebuilding or reconditioning of motor vehicles; engine steam cleaning; transmission welding or rebuilding and installation; collision service such as body, frame and fender straightening and repair; and painting of motor vehicle after a collision, fire damage, water damage, or other natural disaster or for the purpose of restoration.

Effective on: 6/22/2021

Automobile Wash means any area or business using self-service, in-bay automatic, or conveyor equipment for cleaning and washing motor vehicles, whether as a part of another business operation (e.g., as an accessory use to an automobile fueling or charging station, automobile sales, rental, and service), or as a stand-alone operation, of any type, on a commercial basis.

Effective on: 6/22/2021

Bakery, Wholesale means a place for preparing, cooking or baking of products primarily intended for off-premise distribution. This includes candy manufacturing.

Effective on: 6/22/2021

Bank, Credit Union, and Financial Services means any of the class of business in a freestanding building, kiosk or automated teller machines; that provides financial services and the transmission of funds. This includes banks. 

Effective on: 6/22/2021

Bar / Lounge means a commercial establishment where 51 percent or greater of the businesses sales are from alcoholic beverages served for consumption on the premises.

Effective on: 6/22/2021

Batch Plant, Permanent means a use where cement, mortar, or asphalt is manufactured for not just one particular on-site location.

Effective on: 6/22/2021

Building Materials and Hardware means the retail sale, rental, or lease of durable consumer goods, or in the retail sale, rental, or lease of such goods in combination with repair and maintenance services and the sale of replacement parts and accessories. Stores which include in part the sale of raw materials such as lumber and/or brick are included within this definition and land use category. This includes lumber and building materials yards.

Effective on: 6/22/2021

Butcher Shop means a shop in which meat, poultry, seafood, and/or fish are sold.  This includes processing facilities for the cleaning of dead wildlife for cooking and storage purposes and also includes sufficient facilities for individual customers to drop off meat, poultry, and/or fish for this service to occur within the shop. 

Effective on: 6/22/2021

Cargo Terminal means a facility used for the loading and unloading of materials to be distributed by either truck or train.

Effective on: 6/22/2021

Cemetery means land used or dedicated for the burial of the dead.

Effective on: 6/22/2021

Child-Care, Day Care Center means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.

Effective on: 6/22/2021

Commercial Amusement, Indoor means uses that provide commercial amusement indoors (except sexually oriented businesses), including, but not limited to: bowling alleys and pool rooms; indoor sports arenas; movie theaters and live theaters; indoor skating rinks (ice or roller); and video arcades. This use does not include game rooms. 

Effective on: 6/22/2021

Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors (except sexually oriented businesses), including, but not limited to: outdoor arenas or stadiums (including, but not limited to, amphitheaters, drive-in theaters, sports stadiums, concert facilities, rodeos, and racing facilities); amusement parks or theme parks; country clubs; fairgrounds; golf courses; miniature golf establishments; golf driving ranges; water slides; and batting cages.

Effective on: 6/22/2021

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

Effective on: 6/22/2021

Contractor’s Shop and/or Service Yard means an area used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor. This definition excludes temporary contractor storage associated with the site of an on-going construction project. This includes contractor's yard, carting, express, hauling or storage yards.

Effective on: 6/22/2021

Construction Buildings and Structures (Temporary) means temporary buildings used for project management proposes during a construction project.   

Effective on: 6/22/2021

Construction Dumpsters (Temporary) means temporary dumpsters at a construction site for the disposal of garbage during a construction site.

Effective on: 6/22/2021

Construction Yard (Temporary) means an area used temporarily to stage construction of a site or infrastructure and may include storage of materials and associated activities only for the duration of the construction project.

Effective on: 6/22/2021

Correctional Institution means a facility providing housing and care for individuals legally confined for violations of law.

Effective on: 6/22/2021

Crematorium means a location containing a properly installed, licensed, or certified apparatus intended for cremating human remains. 

Effective on: 6/22/2021

Curbside Service means an on-site service of a restaurant or any business where goods or services where can be picked up by a customer without entering the place of business.

Effective on: 6/22/2021

Detached Accessory Dwelling Unit a secondary dwelling unit on the same parcel of property that does not have a wall, roof or another structural component in common with the primary structure on the property.

Effective on: 6/22/2021

Donation Bin / Recycling Collection, Drop-Off means containers dedicated for the purpose of collecting discarded materials for recycling or reuse for the benefit of nonprofit charitable organizations. 

Effective on: 6/22/2021

Drive-In or Drive-Through Facility means a place of business being operated for the retail sale of food and other goods, services, or entertainment wherein patrons may be served or otherwise conduct their business while remaining in their automobiles.

Effective on: 6/22/2021

Duplex means a detached building having separate accommodations for and occupied by not more than two families. This includes the term two-family dwelling.

Effective on: 6/22/2021

Educational Services (excluding transportation-related instruction) means any use devoted to learning, regardless of whether it is public, private, commercial or noncommercial or for children or adults. Playground equipment, athletic fields, athletic stadiums, cafeterias, gymnasiums, parking (including bus parking), and libraries are considered a valid accessory use of this land use definition. This includes public or denominational Kindergarten - 12th Grade, or a private school having a curriculum the same as ordinarily given in a public school; Private school; Business or commercial school,

Effective on: 6/22/2021

Educational Services (transportation-related instruction only) means any use dedicated to learning that includes the on-site movement of vehicles of a size that requires a commercial license to drive. 

Effective on: 6/22/2021

Farm Equipment Supply means the retail sale of equipment that is customarily used in farming.

Effective on: 6/22/2021

Farm, Ranch, or Orchard means land used for growing of usual farm products and/or raising of usual farm poultry and farm animals and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. This includes Farming and truck gardening; Stockyards or slaughter of animals. 

Effective on: 6/22/2021

Farm, Ranch, or Orchard Sales means the sale of local agricultural products that were either grown on-site or within Brown County, TX.

Effective on: 6/22/2021

Firework Sales means any business who is engaged in the sale of fireworks. 

Effective on: 6/22/2021

Flea Market means a market held in an open area or structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items. This also differs from a garage sale that is conducted on a residentially developed lot by members of a household, or civic groups selling primarily donated items.

Effective on: 6/22/2021

Funeral Services means a building used primarily for human funeral services. Such building may contain space and facilities for embalming, preparation of the dead for burial, casket storage, and undertaking services. This term does not include cemeteries or crematoriums which are defined as separate land uses.

Effective on: 6/22/2021

Game Room means a building, facility, or other place that is operated for profit and that contains six or more operational amusement redemption machines.

Effective on: 6/22/2021

Garden Center means an establishment primarily engaged in the retail sales of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

Effective on: 6/22/2021

Gasoline Station means any building, land area, premises or portion thereof, where petroleum-based fuels or other petroleum products are sold and light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning may be conducted and convenience goods or services may be offered.

Effective on: 6/22/2021

Governmental Service (Police, Fire, Emergency Medical Services) means a  local government facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

Effective on: 6/22/2021

Greenhouse / Nursery means a facility where plants are raised inside a permanent structure constructed chiefly of glass or other translucent material which is devoted to the protection or cultivation of flowers or other tender plants.

Effective on: 6/22/2021

Grocery (Food Sales) means an establishment engaged in retail and/or wholesale sale of food, foodstuffs, sundries, or other common household items to members of the public.

Effective on: 6/22/2021

Heavy Machinery Sales and Rentals means an establishment providing for the sales and rental of equipment to be used for farming and construction.

Effective on: 6/22/2021

Home Business means a lawful business or activity conducted for financial gain from within a dwelling unit, where such use does not include the sale of goods to customers on the premise or opening of the home to the public for the sale of goods or services without an invitation or appointment. The use differs from a home occupation in that mechanical equipment related to the use may be stored outside of the building provided that proper screening is provided. 

Effective on: 6/22/2021

Home Occupation means an occupation, profession, domestic craft or economic enterprise which is customarily conducted in a residential dwelling. This includes, but is not limited to the use of a home for cottage food production operations. This includes a home occupation incidental to a permitted use.  The use differs from a home business in that there shall be no outside indication that a business is operated on the site.

Effective on: 6/22/2021

Home Furnishing Store means retail or service activities for the selling of home furnishings and appliances that can either be easily installed or are intended to be used as furniture. Stores that sell a substantial amount of raw materials such as lumber and/ brick are not included within this definition and land use category.

Effective on: 6/22/2021

Hotel means a building in which lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.

Effective on: 6/22/2021

Hospital / Rehabilitative Care means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, disability, and other physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences. This includes a clinic, hospital or sanitarium, except a criminal, mental or animal hospital; and nursing or convalescent home.

Effective on: 6/22/2021

Industrial and Manufacturing Product Sales and Supply means the sale and supply of petroleum products and large scale industrial and manufacturing products typically sold and shipped in large quantities. This includes petroleum storage.

Effective on: 6/22/2021

Junkyard, Salvage Yard, and Wrecking Yard means a place or a business that owns junk and/or salvage, and is operated to store, buy, or sell said junk and/or salvage. Typically all or part of the junk and/or storage is stored outdoors.

Effective on: 6/22/2021

Kennel means a place primarily for the keeping of three or more dogs, cats, or other small animals of at least four months of age that are housed, groomed, bred, boarded, trained, and/or sold. Veterinarian services are not included in the definition of a kennel. 

Effective on: 6/22/2021

Library, Museum, or Gallery means an institution for the collection, display, and distribution of books, objects of art or science, and which is sponsored by a public or quasi-public agency, and which facilities are open to the general public. This includes a publicly owned or operated park, playground or community building, museum, library or art gallery.

Effective on: 6/22/2021

Manufacturing, Heavy means a use category which includes the following specific manufacturing uses: Acetylene gas manufacture or storage; Acid manufacture; Alcohol manufacture; Ammonia, bleach or chlorine manufacture; Arsenal; Asphalt manufacturing or refining; Bag cleaning; Blast furnace; Boiler works; Brick, tile, pottery or terra cotta manufacturer, other than handcraft; Celluloid manufacture or cleaning; Chemical manufacturing; Cotton seed oil manufacture; Creosote treatment; Disinfectant manufacture; Dyestuff manufacture; Emery cloth and sandpaper manufacture; Explosives or fireworks manufacture or storage; Fat rendering; Fertilizer manufacture; Fiberglass manufacture; Forage plant; Foundry, (iron, steel, brass or copper); Garbage, offal or dead animal reduction or dumping; Gas manufacture; Glue or gelatin manufacture; Herbicide manufacture; Insect poison manufacture; Meat Processing Plant; Metal fabrication; Oilcloth or linoleum manufacture; Ore reduction; Paint, oil, shellac, turpentine or varnish manufacture; Paper products manufacture; and Steel fabrication. This includes Acid manufacture; Distillation of bones and glue manufacture; Explosives manufacture or storage; Fat rendering and fertilizer manufacture; Garbage, offal, or dead animals, reduction or dumping; Smelting of tin, copper, zinc, or iron ores, and other metals.         

Effective on: 6/22/2021

Manufacturing, Light means advertising displays manufacture; Apparel and other products assembled from finished textiles; Bookbinding (except hand binding); Bottling works; Brooms, brushes, manufacture; Cameras or other photographic equipment; Candle manufacture; Carpet manufacture or cleaning; Cement, lime, gypsum or plaster of paris manufacture; Ceramics, stone, glass, marble, or porcelain products manufacture; Cosmetic manufacture; Cotton gin; Dairy products processing, manufacturing; Drugs or pharmaceutical products manufacturing; Electrical appliances, supplies, machinery assembly or manufacture; Electronic products, assembly; Electronic products, manufacturing; Fish smoking and curing; Food products processing; Fur good manufacture (not including tanning or dying); Furniture and upholstery manufacture; Glass products, from previously manufactured glass; Household appliance products assembly & manufacture from prefabricated parts; Ice production, dry or natural; jute, sisal, or oakum products manufacturing; Light manufacturing; Mattress manufacture or renovation; Meat processing/locker plant/frozen food products; Mill (grain, flour, food products);  Musical instrument manufacture; Orthopedic or medical application manufacturing; Plastic products manufacture (not including processing of raw materials); Sporting and athletic equipment manufacture; Tire recapping and vulcanizing; Tools or hardware manufacture; Toys and novelty products manufacture; Window shade, awnings, Venetian blinds manufacture; and Yeast manufacture. This includes Cleaning and dyeing plants; Cosmetic manufacture; Drugs and pharmaceutical products manufacturing; Electronic products assembly; Fur goods manufacture, but not including tanning or dyeing; Glass products, from previously manufactured glass; Household appliance products assembly and manufacture from prefabricated parts; Musical instruments assembly and manufacture; Plastic products manufacture, but not including the processing of raw materials; Sporting and athletic equipment manufacture; Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment; Cement, lime, gypsum or plaster of paris manufacture; Display room for merchandise to be sold at wholesale where merchandise sold is stored elsewhere; Frozen food locker; Creamery, ice cream manufacturing and dairy operations; Ice plants; Painting, plumbing or tinsmithing shop, dyeing and cleaning establishment or laundry, tire sales and service, including vulcanizing, upholstering shop, not involving furniture manufacturing, any other general service or repair establishment of similar character; Apparel and other products assembled from finished textiles; Bottling works.

Effective on: 6/22/2021

Manufactured Home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or mor e 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 a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).

Effective on: 6/22/2021

Manufactured Home Park means a parcel of land under single ownership which has been platted and approved by the City for the purposes of developing two or more manufactured homes, that meet all requirements of the City and this UDC, and to be leased tenants. 

Effective on: 6/22/2021

Manufactured Home Sales means a business engaged in the sales or rental of manufactured homes.

Effective on: 6/22/2021

Medical and Diagnostic Laboratories means a facility that is used for the express purpose of the design, fabrication, and repair of dental and optical goods, and / or a laboratory where tests are performed on biological specimens in order to obtain information about the health of a patient.  This includes testing and research laboratories.

Effective on: 6/22/2021

Medical Office/Clinic means a use where medical, dental, psychiatric, psychological, chiropractic, and other outpatient services are performed.

Effective on: 6/22/2021

Mobile Food Truck means the selling of food produced in a commercial kitchen and sold out of a truck, large vehicle or mobile unit.

Effective on: 6/22/2021

Mobile Health Clinic means health services provided by licensed health care provider who has a permanent physical office within Brown County, TX and is using a mobile vehicle, trailer, and/or a temporary facility to provide an outreach of their services to targeted locations within the County as the need for medical services arises.   

Effective on: 6/22/2021

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 a 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: 6/22/2021

Model Homes and On-Site Real Estate Offices means a dwelling unit temporarily used as a sales office for on-site sale of individual units within the same residential subdivision or other residential project that is under development.

Effective on: 6/22/2021

Motel means a building in which lodging is offered with or without meals principally to transient guests and that provides each unit with individual entrances from the outdoors.

Effective on: 6/22/2021

Office, General means a room or group of rooms used for the provision of executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering and business offices of public utilities, organizations and association but excluding medical offices. This includes offices and office building.

Effective on: 6/22/2021

Park and Recreation Facility or Center means an area containing a building or complex of buildings housing community recreation facilities owned, operated, or leased for operation by a public entity. 

Effective on: 6/22/2021

Passenger Terminal means a facility that receives and discharges passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi, railroad, shuttle van, or other similar vehicular services.

Effective on: 6/22/2021

Pawn Shop means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker). 

Effective on: 6/22/2021

Personal Services means an establishment primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barber and beauty shops, dry cleaning and laundry pick-up stations and reducing salons/health clubs. This includes personal service uses including barbershops, beauty parlors, photographic or artist studios, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning receiving stations, other personal service uses of a similar character, dressmaking, tailoring, dry cleaning, pressing,  and laundromat.

Effective on: 6/22/2021

Place of Public Assembly, Indoor means a building in which people assemble for civic, educational, religious, or cultural purposes. This use includes event facilities, meeting halls, fraternal organizations, places of worship, private clubs, fraternities, and sororities.

Effective on: 6/22/2021

Portable Storage Building Sales means a business primarily engaged in the selling of portable storage buildings.

Effective on: 6/22/2021

Power Generation, Transmission, and Distribution means large scale creation of power which includes large solar collectors, windmills, and additional forms of utility power generation and the transmission and distribution of said power to customers.  

Effective on: 6/22/2021

Publishing Services means an establishment primarily engaged in the production of books, magazines, newspapers and other printed matter. This includes printing or engraving plants.

Effective on: 6/22/2021

Recreational Vehicle Parks and Campgrounds means a parcel in single ownership on which two or more recreational vehicle (RV) sites and/or camping sites are located, established, or maintained for occupancy by recreational vehicles or camp units as temporary living for recreation, education, or vacation purposes.

Effective on: 6/22/2021

Repair Service means establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive repair use types. Typical uses include jewelry, clock, radio and television repair, small appliance repair, bicycle repair, and services of a similar nature. This includes shoe repairing, repair of household appliances, and bicycles.

Effective on: 6/22/2021

Resource Extraction means the removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land on or beneath the surface, exposed or submerged. This includes coal, coke or wood yard, and petroleum, or its products.

Effective on: 6/22/2021

Restaurant means a building or portion of a building, not operated as a dining room in connection with a hotel or boarding house, where food is served for pay and for consumption in the building, and where provisions may be made for serving food on the premises outside the building. This includes restaurants, bakeries, and bakers. 

Effective on: 6/22/2021

Retail Sales means the sale of goods, merchandise, services, and/or commodities to the general public. This includes any other local business use supplying the everyday shopping needs of immediate neighborhood and retail stores.

Effective on: 6/22/2021

Seasonal Sales means the temporary sale of goods or products associated with the season or a cultural event, such as the sale of Christmas trees, pumpkins, or seasonal produce. Such sales typically take place in locations not devoted to such sales for the remainder of the year.

Effective on: 6/22/2021

Self-storage, Mini-warehouse means a building or group of buildings that are used for the storage of personal property or records, where individual owners or tenants control individual storage spaces.

Effective on: 6/22/2021

Sexually Oriented Business means an establishment providing, featuring or offering employees or entertainment personnel who appear on the premises while in a state of nudity or simulated nudity and provide live performances or entertainment for customers; or provides, features or offers non-live, sexually-explicit entertainment, materials, or items for sale or rental to customers; or provides materials or items that are intended to provide sexual stimulation or sexual gratification to its customers.

Effective on: 6/22/2021

Shooting / Archery Range, Outdoor means an outdoor area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting.

Effective on: 6/22/2021

Short-Term Rental means any residence that is rented to an occupant for a term of less than 28 days. This definition does not include motels or hotels.

Effective on: 6/22/2021

Single-Family Dwelling means a building designed for or occupied exclusively by one family. This definition does not include manufactured homes, which, by virtue of inherent structural differences and their mobile nature, constitute a separate and distinct land use. This also includes one-family dwellings.

Effective on: 6/22/2021

Slaughterhouse means a building or structure used for the confinement and slaughtering of live animals and the refining of their byproducts.  The use may include customers who bring dead animals for processing into food. 

Effective on: 6/22/2021

Smoke and Vape Sales means a business whose sales of vape juice, vape-related products, cigarettes, and/or e-cigarettes constitutes at least 25 percent of the business’s aggregate retail sales.

Effective on: 6/22/2021

Solar Collectors / Windmills (small accessory structures) means alternative and environmentally-friendly energy sources which collect or create power on-site for an individual home or group of homes.  The mass production and/or selling of energy is prohibited within this definition.

Effective on: 6/22/2021

Special Event means a temporary, short-term use of property, signage or promotional devices occurring outside of a permanent building and not otherwise included as a permitted or accessory use by these zoning regulations.

Effective on: 6/22/2021

Studio or Shop (Arts, Crafts, or Recording) means a place designed to be used, or used as, both a dwelling place and a place of work by an artist, artisan, or craftsperson, including persons engaging in the application, teaching, or performance of fine arts such as but not limited to drawing, vocal or instrumental music, painting, sculpture, and writing. This includes radio or television broadcasting station or studio.

Effective on: 6/22/2021

Tattoo Parlor and Body Piercing Studio means an establishment whose principal business activity is performing body piercing, scarification, tattooing, and other similar permanent or semi-permanent services on humans.

Effective on: 6/22/2021

Trailer Sales and Rental means premises on which new or used trailers in operating condition are displayed for sale, lease, or rental. This includes trailer display and sales rooms. Trailers include, but are not limited to: farm trailers, livestock trailers, car haulers, work, or personal use. Trailer Sales and Rental does not include the sales or rentals of Recreational Vehicles.

(Ord. No. 2022-03, 06/14/2022)

Effective on: 6/14/2022

Townhouse means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with open space on at least two sides.

Effective on: 6/22/2021

Truck Parking Lot (Primary Use) means surface lots designed and built for large trucks such as semi-trailers that are designed to move large quantities of goods.

Effective on: 6/22/2021

Upper-Story Residential means an accessory use located on the upper floors of a building where the first floor of the building is used for nonresidential purposes.

Effective on: 6/22/2021

Utility Line means the extension of water or wastewater lines and related facilities constructed in accordance with engineering standards and accepted by the City for ownership, maintenance, and use.

Effective on: 6/22/2021

Utility Transfer Station means a solid waste processing facility where solid waste is transferred from collection vehicles and placed in other vehicles for transportation.

Effective on: 6/22/2021

Vending Kiosk means a self-service, interactive device that is located on the outer side of a principal building (or as a stand-alone unit outside and independent of the principal building), which is accessible to the general public for the purposes of dispensing product or information.

Effective on: 6/22/2021

Veterinary Clinic and/or Service, Small Animal means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injury of household pets.  The term does not include medical care for livestock. This includes veterinarian or animal hospital or riding academy.

Effective on: 6/22/2021

Veterinary Clinic, Large Animal means an animal hospital or clinic that provides medical care services for large or livestock animals, including but not limited to: horses, cows, bison, elk, deer, llamas, alpacas, sheep, goats, chickens, turkeys, ducks, and pigs.

Effective on: 6/22/2021

Warehousing and Storage means a building used primarily for the storage of goods and materials. This includes, but is not limited to, warehouses and wholesale establishments.

Effective on: 6/22/2021

Water and Sewage Treatment means a facility, or group of facilities, used for the treatment of industrial or domestic wastewater for sewer systems and for the reduction and handling of solids and gases removed from such wastes; and facilities used for the storage and distribution of potable and gray water to customers.

Effective on: 6/22/2021

Water Storage means facilities and infrastructure provided by a public agency, utility, or franchise which convey water facilities including regional water storage tanks and reservoirs. 

Effective on: 6/22/2021

Wireless Communications Facilities (WCF) means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including without limitation, directions, omni-directions and parabolic antennas, base stations, support equipment, small cell facilities, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this Chapter. 

Effective on: 6/22/2021

Abandonment means the cease or discontinue a use or activity without intent to resume as distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal periods of vacation or seasonal closure.

Effective on: 6/22/2021

Agent means any person authorized by the property owner to be the applicant for a permit as authorized by this UDC.

Effective on: 6/22/2021

Alley means a vehicular passageway through the middle of a block providing access to the rear of lots or buildings.

Effective on: 6/22/2021

Alluvial Fan Flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. 

Effective on: 6/22/2021

Amending Plat means a plat in compliance with Texas Local Government Code (TLGC) Section 212.016.  

Effective on: 6/22/2021

Antenna Support Structure means any existing building or other existing structure other than a tower or micropole which can be used for location of WCFs.

Effective on: 6/22/2021

Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. 

Effective on: 6/22/2021

Area of Shallow Flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet; where a clearly defined channel does not exist; and 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: 6/22/2021

Area of Special Flood Hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.

Effective on: 6/22/2021

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 one percent chance of equaling or exceeding that level in any given year also called the base flood. 

Effective on: 6/22/2021

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

Effective on: 6/22/2021

Basement means a story having part but not more than one-half of its height above grade and used for storage, garages for use of occupants of the building, janitor or watchman quarters, or other utilities common for the rest of the building. A basement used for the above purposes shall not be counted as a story.

Effective on: 6/22/2021

Berm means an elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses.

Effective on: 6/22/2021

Billboard means any sign that advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.

Effective on: 6/22/2021

Building Inspector means the person legally designated the inspection authority by the City to determine building code compliance and other similar compliance issues, or his or her authorized representative.

Effective on: 6/22/2021

Building means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, or property of any kind.

Effective on: 6/22/2021

Certificate of Occupancy means a certificate issued by the Building Inspector for the use of a building, structure, or land, when it is determined by him that the building complies with all applicable City codes, ordinances, and regulations.

Effective on: 6/22/2021

Changeable Copy Center means a sign on which copy is changed manually in the field, (i.e., reader boards with changeable letters or changeable pictorial panels).

Effective on: 6/22/2021

City means the City of Early, a municipal corporation, in the State of Texas, acting by and through its City Council. 

Effective on: 6/22/2021

City Administrator means the City Administrator of the City of Early, Texas or his or her designee.

Effective on: 6/22/2021

City Official means the legally designated head of a City department or his or her authorized representative when acting in an official capacity.

Effective on: 6/22/2021

Code means the Code of Ordinances of the City of Early. 

Effective on: 6/22/2021

Collector Street means a street that serves or is designed to serve as the connection from minor streets to major streets, such as the main entrance street of a residential development.

Effective on: 6/22/2021

Common Access Route means a private way which affords the principal means of access to individual manufactured home lots or auxiliary buildings.

Effective on: 6/22/2021

Cul-de-sac means a short local street having but one vehicular access to another street and terminated by a vehicular turnaround. 

Effective on: 6/22/2021

Developer means any person, partnership, firm, association, corporation, or any officer, agent, employee, servant, and trustee thereof, who does or participates in doing of any act toward the development of land within the intent and scope of this UDC.

Effective on: 6/22/2021

Development means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. 

Effective on: 6/22/2021

District means any section of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

Effective on: 6/22/2021

Driveway means a private accessway, primarily for vehicles, leading from a street to a dwelling unit, parking lot, parking garage, or loading area.

Effective on: 6/22/2021

Dwelling means any building or portion thereof which is designed for or used for residential purposes. 

Effective on: 6/22/2021

Easement means a grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes.

Effective on: 6/22/2021

Electronic Message Center (EMC) means a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an led (light emitting diode) or digital sign, and which varies in intensity or color. An EMC sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the manual on uniform traffic control devices (MUTCD) approved by the Federal Highway Administrator as the national standard.

Effective on: 6/22/2021

Elevated means a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Effective on: 6/22/2021

Engineer means an engineer duly licensed by the State of Texas. 

Effective on: 6/22/2021

Existing Manufactured Home Park means a manufactured home park 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: 6/22/2021

Expansion to An Existing Manufactured Home Park 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: 6/22/2021

Extraterritorial Jurisdiction means the area adjacent to the City within the distance specified in V.T.C.A., Local Government Code Ch. 212, and the agreement between the City of Brownwood and the City of Early.

Effective on: 6/22/2021

Facade means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are considered as part of a single facade. 

Effective on: 6/22/2021

Family means one or more persons occupying a dwelling and living as a single-family housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a hotel.

Effective on: 6/22/2021

Flood Hazard Boundary Map (FHBM) means an official map of a community where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as zones A, M, and/or E.

Effective on: 6/22/2021

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: 6/22/2021

Flood Insurance Study (FIS) 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: 6/22/2021

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; or
2. The unusual and rapid accumulation or runoff of surface waters from any source.

Effective on: 6/22/2021

Flood Proofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 

Effective on: 6/22/2021

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: 6/22/2021

Floodplain Administrator means the City Administrator or his or her designee.

Effective on: 6/22/2021

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: 6/22/2021

Floodplain Management Regulations means this UDC, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other appropriate applications of police power to regulate land use. 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: 6/22/2021

Floodplain or Flood-Prone Area means any land area susceptible to being inundated by water from any source.

Effective on: 6/22/2021

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: 6/22/2021

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

Effective on: 6/22/2021

Front Yard means a yard across the full width of the lot extending from the front line of the main building to the front lot line.

Effective on: 6/22/2021

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: 6/22/2021

Garage, Private means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Effective on: 6/22/2021

Garage, Public means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles. 

Effective on: 6/22/2021

Garage, Storage or Parking means a building or a portion of a building used exclusively for term storage by of motor-driven vehicles.

Effective on: 6/22/2021

Grade means:

1. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building means any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street means where no sidewalk exists the grade shall be established by the City Engineer.
2. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the street.
3. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

Effective on: 6/22/2021

Half-Street means a vehicular access-way created if only a portion of the required right-of-way width or pavement width is dedicated and/or constructed.

Effective on: 6/22/2021

Height means the vertical distance of a structure measured from the average grade as measured at the corners of the structure to the highest point of the structure, including the height of the antenna.

Effective on: 6/22/2021

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: 6/22/2021

Historic Structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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 Interior; or
4. Individually listed on a local inventory or 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: 6/22/2021

Illuminance means the brightness of a sign or a portion thereof.

Effective on: 6/22/2021

Improved Hard Surface means any concrete or asphaltic surface treatment to include the capability to hold and display painted markings for parking spaces and fire lanes.  

Effective on: 6/22/2021

Internal Street means the same as "common access route." 

Effective on: 6/22/2021

Levee means a man-made 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: 6/22/2021

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: 6/22/2021

Loading Space means a space within the primary building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

Effective on: 6/22/2021

Local Street means a street that provides access to individual lots or land uses and which does not normally carry through traffic.

Effective on: 6/22/2021

Lot means an undivided tract or parcel of land having frontage on a public street and which is, or in the future, may be offered for sale, conveyance, transfer, or improvement; which is designated as a distinct or separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed with the County Clerk of Brown County.

Effective on: 6/22/2021

Lot, Corner means a lot abutting upon two or more streets at their intersection. 

Effective on: 6/22/2021

Lot, Through means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.

Effective on: 6/22/2021

Lowest Floor means the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

Effective on: 6/22/2021

Maximum Gross Density means the maximum number of dwelling units divided by gross acres that are permitted on the property.

Effective on: 6/22/2021

Major Street means any TXDOT maintained thoroughfare or City-maintained street with significant through traffic.

Effective on: 6/22/2021

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: 6/22/2021

Micropole means a freestanding pole or mast upon which a noncommercial antenna is located that is less than six inches in diameter and subject to the maximum height restrictions contained within this Chapter.

Effective on: 6/22/2021

Minor Plat means a plat that can be approved administratively by the City Administrator without approval of either the City Council or the Planning and Zoning Commission and is in compliance with the requirements of Sec. 8-6-3, Amending Plat / Minor Plat.

Effective on: 6/22/2021

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: 6/22/2021

New Manufactured Home Park 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: 6/22/2021

Opacity means the measurement of the screening effectiveness of a bufferyard or fence, expressed as the percent of view across the bufferyard or fence that may be blocked to a height of 35 feet, based on the spacing of fence slats or expected volume of landscape material at a variety of heights that is likely to result from a given planting program.

Effective on: 6/22/2021

Permit means a written document issued by the City permitting a person to operate, maintain, or construct a building or land use in accordance with the provisions of this UDC.

Effective on: 6/22/2021

Plat means a map or chart of a proposed subdivision that includes any plat or replat.

Effective on: 6/22/2021

Plat, Final means any plat of any lot, tract, or parcel of land requested to be recorded of record in the deed records of Brown County.

Effective on: 6/22/2021

Plat, Preliminary means any plat of any lot, tract, or parcel of land that is not to be recorded of record but is only a proposed division of land for review and study by the City.

Effective on: 6/22/2021

Premises means any lot or unplatted tract held under single ownership. 

Effective on: 6/22/2021

Primary Building means the largest building on a lot; any structure or building designed or built for the enclosure, shelter, protection or dwelling of one or more persons; or any structure used for the purpose of bringing in revenue.

Effective on: 6/22/2021

Recreational Vehicle means a vehicle which is built on a single chassis; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Campers and travel trailers are included within this definition.

Effective on: 6/22/2021

Replat means the resubdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot, or tract.

Effective on: 6/22/2021

Required Improvement means any addition to the land that is a requirement for an applicant to complete in connection with an approved permit or plan.

Effective on: 6/22/2021

Right-of-Way means any public street or road that is dedicated to public use for vehicular traffic.

Effective on: 6/22/2021

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

Effective on: 6/22/2021

Setback means the horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward.    

Effective on: 6/22/2021

Sewer Connection means the connection consisting of all pipes, fittings, and appurtenances from the drain outlet to the inlet of the corresponding sewer service riser pipe of the sewage system.

Effective on: 6/22/2021

Sewer Service Riser Pipe means that portion of a sewer service which extends vertically to the ground elevation and terminates at a dwelling unit.

Effective on: 6/22/2021

Sight Visibility Triangle means a triangular area that defines a zone necessary for the clear view by the driver of a motor vehicle or a bicyclist of oncoming cross-street motor vehicle, bicycle or pedestrian traffic or of a traffic control devise, and includes street intersection visibility triangles, alley intersection visibility triangles, and traffic control devise visibility triangles.

Effective on: 6/22/2021

Sign means any device, flag, light, figure, picture, letter, word message, symbol, plaque, or poster visible from outside the premises on which it is located and designed to inform or attract the attention of persons not on that premise, excluding searchlights.

Effective on: 6/22/2021

Sign Support means any pole, post, cable, or other structural fixture or framework necessary to hold and secure a sign. 

Effective on: 6/22/2021

Sign, Freestanding means a sign which is supported by one or more columns, uprights or braces in or upon the ground and is not attached to a building. 

Effective on: 6/22/2021

Sign, Illuminated means any sign which is directly lighted by any electrical light source, internal or which are illuminated by streetlights or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself.

Effective on: 6/22/2021

Sign, Monument means a permanent freestanding sign in which a majority of the structure's width is in contact with the ground.

Effective on: 6/22/2021

Sign, Nonconforming means any sign which was lawful at the time of passage of this UDC, as amended from time to time, but which use does not conform, after the passage of this UDC and as amended from time to time, with the use regulations of the zoning district in which it is located.

Effective on: 6/22/2021

Sign, Off-Premise means a sign displaying advertising for a business, person, organization, activity, event, place, service, or product not principally manufactured or sold on the premises on which the sign is located.

Effective on: 6/22/2021

Sign, Pole or Pylon means a detached sign supported by uprights, braces, columns, poles, or other vertical members which are not attached to a building and where the bottom edge of the sign face is located three feet or more above the average finished grade at the base of the sign.

Effective on: 6/22/2021

Sign, Portable means a sign which is not designed or manufactured to be permanently anchored or affixed to the ground, building or other structure, but rather is designed or primarily used as a sign which is movable from place to place and which includes signs affixed to a trailer or other portable structure, and which also includes signs which have had wheels removed or have been modified in such a way as to be anchored to the ground or other structures by means of chains, cables, stakes, or similar devices unless such modifications will prohibit removal of the sign and reinstallation at another location. 

Effective on: 6/22/2021

Sign, Projecting means a sign which is attached to the building wall and which extends more than 18 inches from the face of such wall. 

Effective on: 6/22/2021

Sign, Roof means a sign erected or maintained in whole or in part on, upon or over the roof or parapet of a building or structure and which is wholly or partially dependent upon the roof of the building or structure for support.

Effective on: 6/22/2021

Sign, Vehicular means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. 

Effective on: 6/22/2021

Sign, Wall means a sign which is in any manner affixed to any exterior wall of a building or structure and which projects not more than 18 inches from the building or structure wall. 

Effective on: 6/22/2021

Site Plan means a plan, drawn to scale, depicting the existing conditions and proposed improvements of a legally platted lot. The plans will typically include the location of buildings, parking areas, landscaping, and other private improvement details.

Effective on: 6/22/2021

Special Flood Hazard Area. See Area of Special Flood Hazard 

Effective on: 6/22/2021

Start of Construction means (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means 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. 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. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets 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 main structure. 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. 

Effective on: 6/22/2021

Street means a way for vehicular traffic whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or other designation.

Effective on: 6/22/2021

Street, Service means a public or private right-of-way that is designed, dedicated, and used principally to provide access to the rear of buildings structures and abutting properties for the servicing of utility companies, including but not limited to, utility companies, meter readers, public health and safety personnel, and City employees.

Effective on: 6/22/2021

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. 

Effective on: 6/22/2021

Subdivider means any person, partnership, firm, association, corporation, or any officer, agent, employee, servant, and trustee thereof, who does or participates in doing of any act toward the subdivision of land within the intent and scope, of this UDC.

Effective on: 6/22/2021

Subdivision means the division of any lot, tract or parcel of land, whether described as lots and blocks or by metes and bounds, into two or more lots or parcels for the purpose of transfer of ownership or building development; or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. 

Effective on: 6/22/2021

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: 6/22/2021

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 the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term 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: 6/22/2021

Trailer means a vehicle, other than a pole trailer, with or without motive power:

• Designed to be drawn by a motor vehicle and to transport persons or property; and
• Constructed so that no part of the vehicle's weight and load rests on the motor vehicle.

State Law reference—Vehicles, Rail Transportation, and Equipment, V.T.C.A., Transportation Code Title 7, Subtitle C, Chapter 541, Subchapter C. 

(Ord. No. 2022-03, 06/14/2022)

Effective on: 6/14/2022

Variance means a departure from any provision of this UDC without changing the text of the UDC or the underlying zoning of the parcel of property at issue.

Effective on: 6/22/2021

Violation means any instance of noncompliance with this UDC the exception of any type of lawful nonconforming situation.

Effective on: 6/22/2021

Water Connection means the connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within a dwelling unit.

Effective on: 6/22/2021

Water Riser Pipe means that portion of the water service system that extends vertically to the ground elevation and terminates at a designated point at a dwelling unit.

Effective on: 6/22/2021

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: 6/22/2021

Xeriscape means landscaping or gardening that reduces or eliminates the need for irrigation.  A xeriscaped landscape shall include no more than 25 percent gravel cover.

Effective on: 6/22/2021