1. A.
   General. All provisions, terms, phrases and expressions contained in this Unified Development Code (UDC) shall be construed in order that the true intent and meaning of the Council may be fully implemented.
2. B.
   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.
   2. 2.
      "Week" means a calendar week.
   3. 3.
      “Month” means a calendar month.
   4. 4.
      “Year” means a calendar year.
3. C.
   Reference to Administrator. Unless otherwise specified, any reference to "the Administrator" shall be deemed to be a reference to the Director of Planning & Zoning for the City, or otherwise titled by the Administrator. 
4. D.
   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. E.
   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. F.
   Reference to Council. Unless otherwise specified, any reference to "the Council" shall be deemed to be a reference to the City Council.
7. G.
   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. H.
   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. I.
   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. J.
    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  If the referenced document has been repealed and not replaced by other regulations or publications, requirements for compliance are no longer in effect.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. K.
    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. L.
    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.
    2. 2.
       Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and vice-versa.
    3. 3.
       Words used in the plural number include the singular and vice-versa.
    4. 4.
       “Person” includes an individual, a corporation, a partnership, and an incorporated association of persons such as a club.
    5. 5.
       The term “building” includes a “structure”; a “building” or “structure” includes any part of the building.
    6. 6.
       The term “lot” includes plots, parcels, and tracts, unless otherwise specified.
    7. 7.
       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.”
    8. 8.
       Words not defined in this UDC but defined in any other part of the Edinburg 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: 8/9/2022

The severability and repealers of this Code are covered in this Section.

1. A.
   General. If any division, section, paragraph, clause, provision, or portion of this Code is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected. If any application of this Code to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.
2. B.
   Signs. With respect to Division 4.300, Signs, the following severability provisions shall apply:

   1. 1.
      Interpretation, Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Code to the contrary, any sign erected pursuant to the provisions of this Code or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback and other dimensional criteria contained in this Code have been satisfied.
   2. 2.
      Severability Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Division 4.300, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Division 4.300, Signs, or this Code.
   3. 3.
      Severability where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection B.2., above, or elsewhere in this Section, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Division 4.300, Signs,, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of said Article or provision, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
   4. 4.
      Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set forth above, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Division 4.300, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Division 4.300, Signs, that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
   5. 5.
      Severability of Provisions if Adjudicated Stricken due to a Content-basis. It is the intent of the City to regulate signage in a manner that implements the purposes of this Division 4.300, Signs, as expressed therein. The City finds that the purposes stated in Division 4.300, Signs, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Division 4.300, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City of Edinburg that only that portion of the provision that is found to relate to content be severed from this Code, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the city of Edinburg that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.

Effective on: 8/9/2022

This Section's provisions and rules shall be observed and applied when interpreting this Code, except when the context clearly requires otherwise. Words used or defined in one tense or form shall include other tenses or forms. The following abbreviations are used in this Code.

1. A.
   ac: acre
2. B.
   DBH: diameter at breast height (for a tree)
3. C.
   du or du's: dwelling unit(s)
4. D.
   FAR: floor area ratio
5. E.
   FEMA: Federal Emergency Management Agency
6. F.
   ft.: feet
7. G.
   max.: maximum
8. H.
   min.: minimum
9. I.
   N/A: not applicable
10. J.
    sf.: square feet
11. K.
    S.F.: single-family

Effective on: 8/9/2022

Division 17.200 Use Definitions

Effective on: 8/9/2022

Effective on: 8/9/2022

Effective on: 8/9/2022

Abandonment or Discontinuance means the use, structure, or sign is not used, occupied, or otherwise operated for the intended nonconforming activity for the period specified in Sec. 7.102, General Provisions. Periods of active remodeling during which the use is closed for repairs should not be considered in determining abandonment, provided the remodeling is completed within a reasonable time period as indicated on the permit issued for remodeling a nonconforming use.

Effective on: 8/9/2022

Abutting means two lots sharing the same or common property lines, including lots separated by an alley.

Figure A-1 Abutting and Access

Effective on: 8/9/2022

Access means an area designated as a way for vehicles to enter or leave a property or lot to a public or private street or alley. Access is intended to permit residents to bring their vehicles onto the property, to allow customers or tenants to park, and to provide for public access in emergencies.

Effective on: 8/9/2022

Accessory Structure means structures that are on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure (such as garages and storage sheds).

Effective on: 8/9/2022

Accessory Use means a use of land or a building, or portion thereof, incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Addition means any construction that adds or enlarges the size of an existing building. Additions also include any extension or increase in floor area or height of a building or structure. Examples of an addition are a porch, carport, new room, roof configuration, etc. Also see Conversion, Building or Use and Structural Alterations.

Effective on: 8/9/2022

Administrator means the Planning and Zoning Director or designee, who shall enforce and interpret the provisions of this UDC.

Effective on: 8/9/2022

Adult Use means "sexually oriented business," which means an adult cabaret, topless bar, adult lounge, sex parlor, nude studio, adult modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, adult novelty shop, adult encounter parlor, escort agency or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual gratification to the customer.

Effective on: 8/9/2022

Adult Use License means a license issued by the City authorizing the running of an adult use. 

Effective on: 8/9/2022

Agent means any person authorized by the licensee of a mobile home or recreational vehicle park to operate or maintain such park under the provisions of this chapter.

Effective on: 8/9/2022

Agriculture, Intensive means any agricultural uses such as feed lots, hog farms, and poultry operations where animals are tightly confined in buildings or outdoor pens or pastures with more than one animal unit per acre. An intensive agricultural use is required to obtain a Discharge Permit because of animal or poultry wastes.

Effective on: 8/9/2022

Agriculture Support and Other Rural Services means a use category that contains uses related to the commercial production, storage, processing, marketing, distribution, or export of crops and the small-scale keeping and treatment of animals. Uses in this category include farm supply services, equipment dealers, grain storage, and large animal/livestock veterinarians.

Effective on: 8/9/2022

Airport means all airports and flight training schools, excluding those for the private use of an individual.

Effective on: 8/9/2022

Alcoholic Beverage Sales for On-Premise Consumption 50% or Less (Restaurant) means a commercial establishment where alcoholic beverages are served for consumption on the premises and in which other items or services are for sale and where the gross revenue from the on-premise sales of alcohol is 50 percent or less of total gross revenue, such as in a restaurant.

Effective on: 8/9/2022

Alcoholic Beverage Sales for On-Premise Consumption 51% or More (Bar or Nightclub) means a commercial establishment where alcoholic beverages are served for consumption on the premises and in which dancing, musical entertainment, comedy, or other types of performances and activities may be presented and where the gross revenue from the on-premise sales of alcohol is 51 percent or more of total gross revenue.

Effective on: 8/9/2022

All-Weather Surface means an improved surface that is constructed of four inches of concrete, asphalt, graded stone, grass-crete pavers, uni-stone pavers, or other paving materials approved by the City Engineer.

Effective on: 8/9/2022

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: 8/9/2022

Alter or Alteration means a  change in the appearance of a building, structure, site, or object, which is not otherwise covered by the definition of demolition, or any other change for which a permit is required pursuant to this Code.

Effective on: 8/9/2022

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: 8/9/2022

Amenity Zone means the area along a sidewalk that is located behind the curb line and includes the zone in which street trees and pedestrian lighting is located.

Effective on: 8/9/2022

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: 8/9/2022

Antenna means any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals.

Effective on: 8/9/2022

Apartment means multi-family dwelling unit contained in a building comprised of three or more dwelling units, each having an entrance to a hallway, stairway, or balcony in common with at least one other dwelling unit. 

Effective on: 8/9/2022

Appeal means a way to obtain review of a decision, determination, order, or act of an administrator or administrative agency pursuant to the terms of this Code.

Effective on: 8/9/2022

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: 8/9/2022

Applicant means a person, firm, or governmental agency that executes the necessary forms to obtain approval or a permit for any zoning, subdivision, land development, building, land disturbance, or other activity regulated by this Code.

Effective on: 8/9/2022

Approval means final action granting an application given by the appropriate administrative body specified in Article 13, Decision-Making and Advisory Bodies, as having final approval responsibility.

Effective on: 8/9/2022

Appurtenant Structure 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: 8/9/2022

Area of Future Conditions 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: 8/9/2022

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 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: 8/9/2022

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, AE, AH, AO, A1-99, VO, V1-30, VE or V.

Effective on: 8/9/2022

Arterial Street. See Street, Arterial.

Effective on: 8/9/2022

Atrium House means an attached, one-story dwelling unit with private individual access for a single family. Each unit shall have a private yard called an atrium. The entire lot area of atrium and house shall be enclosed by a wall. All living spaces (that is, living rooms, dens, or bedrooms) shall face an atrium.  

Effective on: 8/9/2022

Attached Tower means a tower that is attached to a monopole, building or other permanent structure.

Effective on: 8/9/2022

Attic means the area between roof framing and the ceiling of the rooms below and that is not habitable, but may be reached by ladder and used for storage or mechanical equipment. Improvement to habitable status shall make it a story.

Effective on: 8/9/2022

Automobile Service, Light means any land, building, structure, or premises used for the general repair and servicing of automobiles. This includes:

• Gasoline service stations, gas convenience marts, and quick service oil, tune-up, brake, and muffler shops where repairs are made in fully enclosed bays, the repairs are completed in less than two hours, and no vehicles are stored overnight. A single-bay car wash associated with a gas convenience mart is permitted provided they constitute less than 20 percent of total floor area and are not in a separate building.
• Auto malls with a number of the uses contained in a single building. When the total floor area is greater than 30,000 square feet, car washes shall be permitted as part of the mall​​​​​​​.

Effective on: 8/9/2022

Awning or Canopy means a structure partially attached or entirely supported by a wall and which is covered by canvas, cloth, plastic, other similar material used as a protective cover for a door, entrance, window, walkway, or service area.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Base Flood Elevation means The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A lA30, AR, V l -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: 8/9/2022

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

Effective on: 8/9/2022

Base Site Area means the surveyed area of the property, minus the sum of the following areas:

1. A.
   Areas of land within the ultimate right-of-way of adjoining existing roads.
2. B.
   Areas of open water.
3. C.
   Land areas within the floodway.
4. D.
   The areas within the delineated boundaries of wetlands.
5. E.
   One-half of the area of land with an elevation lower than one foot above the base flood elevation.

Effective on: 8/9/2022

Bed and Breakfast means ​​​​​​any place of lodging that provides five or fewer rooms for rent, is the owner's personal residence, and is occupied by the owner at the time of rental.

Effective on: 8/9/2022

Best Management Practices means that combination of conservation measures, structures, vegetation, or management practices that reduces or avoids adverse impacts of development on an adjoining site's land, water, or waterways and water bodies.

Effective on: 8/9/2022

Best Board of Adjustment. See Division 13.600, Board of Adjustment, and Division 17.100, Word Usage.

Effective on: 8/9/2022

Breakaway Wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Effective on: 8/9/2022

Buffer means a designated area between two uses deemed incompatible with each other, or along the perimeter of a natural feature to be protected from an incompatible use, or along the perimeter of that use, which will absorb or otherwise preclude such incompatibility by some combination of construction design, vegetative plantings, fences, and/or maintenance practices which shall be permanently maintained.

Effective on: 8/9/2022

Bufferyard means a landscaped strip of land, with living plant material, on the periphery of a property created to separate one type of land use or zoning district from another when they are incompatible or in conflict. Bufferyards are in addition to required setbacks. Bufferyards include street bufferyards that protect the use from road related nuisances or that screen undesirable uses.

Figure B-2 Bufferyard

Effective on: 8/9/2022

Build-To Line. means the minimum setback for a building façade from the curb line on private property.

Effective on: 8/9/2022

Building means a structure built on a lot, having a roof, and intended to shelter people, animals, property, or business activity. Any structure used or intended to be used for supporting or sheltering any use or occupancy. The word "building" shall be construed as if followed by the words "or part or parts thereof and all equipment therein."

Effective on: 8/9/2022

Building Façade, Primary means any façade that faces a public street or open space.

Effective on: 8/9/2022

Building Front means that exterior wall of a building which faces the front lot line.

Effective on: 8/9/2022

Building Line means that line formed by the rear, side, and street setbacks. Also see Buildable Area.

Effective on: 8/9/2022

Building Official means the official who is responsible for review and issuance of building permits.

Effective on: 8/9/2022

Business Park means a development that contains a number of separate businesses, supporting uses, and open space designed, planned, constructed, and managed on an integrated and coordinated basis.

Effective on: 8/9/2022

Caliper means the diameter of new landscape plantings measured six inches above ground.

Effective on: 8/9/2022

Campgrounds and RV Parks means a form of commercial lodging where guests bring tents, travel trailers, recreational vehicles (RVs), campers, or other similar forms of shelter. The campground or RV park rents pads to the guests.

Effective on: 8/9/2022

Carport means a roofed structure, open on two sides when attached to a dwelling and open on three or more sides when detached from a dwelling, used for the purpose of shading or protecting automobile(s).

Effective on: 8/9/2022

Certificate of Occupancy means a statement signed by the Administrator setting forth that a building, structure, or use legally complies with this Code and that the building, structure, or use may be used for the purposes stated therein.

Effective on: 8/9/2022

Coldframe means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.

Effective on: 8/9/2022

Collector Street. See Street, Collector.

Effective on: 8/9/2022

Collector, Residential. See Street, Residential Collector.

Effective on: 8/9/2022

Colocation means the locating of wireless communication equipment from more than one provider on a single mount or support structure.

Effective on: 8/9/2022

Commercial Amusement, Outdoor means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including, but not limited to: fairgrounds, outdoor stadiums, racing facilities, rodeos, music arenas, theme parks, amusement parks, miniature golf establishments, water slides, batting cages, skating rinks, and shooting ranges. 

Effective on: 8/9/2022

Commercial Amusement, Indoor means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not audible at the bounding property line and includes, but is not limited to: bowling alleys, legal games of chance, indoor sports arenas, movie theaters, indoor skating rinks (ice or roller), video arcades, pool halls, and shooting arcades.

Effective on: 8/9/2022

Commercial Communication Tower means a structure situated on a nonresidential site that is intended for transmitting or receiving radio, television, or telephone communications. This includes, but is not limited to​​​​​​​ radio or television broadcasting towers, telecommunications towers, and antenna arrays (except residential satellite dishes)​​​​​​​.

Effective on: 8/9/2022

Commercial Lodging means hotels, motels, including those with convention facilities, and facilities that cater to members of the organization owning them.

Effective on: 8/9/2022

Commercial Retail means commercial and retail uses that do not include  general storage or sales​​​​​​​ on the exterior on a regular basis. Furthermore, no regular sales can exceed five percent of the interior floor area. Commercial and retail uses include the following:

• Paint, glass, wallpaper, hardware
• General merchandise stores
• Food and beverage stores
• Clothing and accessory stores
• Furniture stores
• Electronics and appliances
• Miscellaneous retail, including: art, gifts, sporting goods, drug stores, liquor, books, toys, camera stores
• Garden centers
• Consumer rental
• Pawnshops, as defined by Section 371.003, Texas Finance Code, that are licensed by the Texas Consumer Credit Commissioner pursuant to Chapter 371, Texas Finance Code.

Effective on: 8/9/2022

Commercial Stables means the stabling, training, feeding of horses, or the provision of riding facilities for other than the use of the resident of the property.

Effective on: 8/9/2022

Commercial Temporary Outdoor Sales means outdoor sales for seasonal goods in an area designated on the plan for exterior sale, which may be permanently or temporarily delimitated by a fence of some sort. 

Effective on: 8/9/2022

Commission means the Planning and Zoning Commission of the City.

Effective on: 8/9/2022

Common Access Route or Internal Street means the principal means of access to individual manufactured home community lots or auxiliary buildings.

Effective on: 8/9/2022

Communications Antenna means any structure or device used to collect or radiate electromagnetic waves, including directional antennae, microwave and satellite dishes, and omni-directional antennae.

Effective on: 8/9/2022

Communications Tower means a structure erected to support communications antennae.

Effective on: 8/9/2022

Communications Tower Height means the height of a communications tower shall be measured from the base on which the tower is mounted to the top of the higher of the tower or the antenna.

Effective on: 8/9/2022

Community Garden means an area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, or donation. 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 and used by group members.

Effective on: 8/9/2022

Comprehensive Amendment means any map amendment affecting all land in a district or any change in a map affecting a substantial number of parcels of land under separate ownership.

Effective on: 8/9/2022

Comprehensive Rezoning means a City-initiated rezoning intended to guide and control future growth consistent with the spirit and intent of the Comprehensive Plan.

Effective on: 8/9/2022

Comprehensive Plan means the City's comprehensive, long-range plan intended to guide the growth and development of the City and its extraterritorial jurisdiction, which includes goals, objectives, policies, and actions for land use, transportation, utilities, communications technology, parks and recreation, corridor design, economic development, and public facilities, as amended from time to time.

Effective on: 8/9/2022

Concept Plan. means an approved plan that is required of all multi-phased developments. See Division 18.900, Procedures.

Effective on: 8/9/2022

Concrete/Asphalt Batch Plant means a plant assembled on a site for the construction of a particular road improvement, located no more than one mile from the site. This facility shall be removed within one year.

Effective on: 8/9/2022

Conservation means the planned management of a natural feature to prevent its exploitation, destruction, or neglect.

Effective on: 8/9/2022

Conservation means an area designated on a site plan, subdivision plat, or development plat that is intended to preserve and protect natural resources; or, a public or private land use that preserves an area in a natural condition.

Effective on: 8/9/2022

Conservation Easement means an easement, running in favor of the City, or a non-profit agency, providing that such land shall be left in a natural state or open space, such other restrictions as to use or development that are set forth in the easement.

Effective on: 8/9/2022

Constructed Wetland means low-lying area, artificially created by dredging, damming, or berming of earth for the retention of water and the establishment of a hydrophytic vegetative community.

Effective on: 8/9/2022

Contiguous means land that abuts other land or lands that are separated only by streets, alleys, pipelines, electric power lines, conduits or rights-of-way, owned in fee or less than fee by third parties.

Effective on: 8/9/2022

Contractor's Office means a commercial building used for business operations, and land that may also be used to store and maintain construction equipment and other materials used in the trade. This may include, but is not limited to, watchman's trailers, construction equipment sheds, contractors' trailers, and similar uses incidental to a construction project. Sleeping and/or cooking facilities may also be permitted.

Effective on: 8/9/2022

Conversion, Building or Use means the process by which the original use of a building or land is changed to a different use. See also Addition and Structural Alterations.

Effective on: 8/9/2022

Cottage Industry means a business that involves the manufacturing of products, the use of commercially licensed vehicles, and permits the employment of up to six unrelated employees. Management or staffing of a group home is not a cottage industry.

Effective on: 8/9/2022

Critical Feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

Effective on: 8/9/2022

Cut-Off means the point at which all light rays emitted by a lamp, light source, or luminaire are intercepted by a shield preventing their continuation. For signs, the term "cut-off" simply refers to the use of shields to direct the light so light rays shine exclusively on the sign.

Effective on: 8/9/2022

Cut-Off Angle means the angle, formed by a line drawn from the light source to the ground and a line perpendicular to the ground from the light source, above which no light is emitted.

Effective on: 8/9/2022

Day Care Center (DCC) means a facility that provides care for more than 12 children under the age of 14 for less than 24 hours a day.

Effective on: 8/9/2022

Day-Night Level means a measure of noise that is an outdoor, day-night average, A-weighted sound level.

Effective on: 8/9/2022

Dedication means the transfer of private property to public or common ownership for a public purpose. The transfer may be in fee simple interest or less than fee simple interest, including easements. Dedication requires the acceptance of the interest to be complete.

Effective on: 8/9/2022

Demolish means the razing or destruction, whether entirely or in significant part, of a building, structure, site, or object. Demolition includes the removal of a building, structure, or object from its site, the removal or destruction of the facade or surface, or the alteration to such an extent that repair is not feasible or is so costly so as to be prohibitive, rendering the property unfit for use. Demolition shall also include demolition by neglect.

Effective on: 8/9/2022

Density means the average number of dwelling units allowed on an acre of land. It may also measure the families, housing units, rental rooms, or persons.

Effective on: 8/9/2022

Detention/Retention Basin means a natural or man-made structure designed as a temporary holding basin for water. Water may be detained to minimize flooding downstream or retained to increase aquifer recharge.

Effective on: 8/9/2022

Development means construction of a new building or other structures on a lot, the relocation of an existing building on another lot, or the use of open land for a new use. In addition, it also means any man-made change to improved or unimproved real estate, including, but not limited to, parking, fences, pools, signs, temporary uses, clearing of land, dredging, filling, grading, paving, or excavation.

Effective on: 8/9/2022

Development Plat means a development plat is a plat that is prepared by a registered professional land surveyor as a boundary survey showing:

1.  
   1. 1.
      Each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change of the building, structure, or improvement;
   2. 2.
      Each easement and right-of-way within or abutting the boundary of the surveyed property; and
   3. 3.
      The dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part. 

Development plats are authorized by Subchapter B of Chapter 212 of the Texas Local Government Code.

Effective on: 8/9/2022

Diameter at Breast Height (DBH) means a measurement of the size of tree equal to the diameter of its trunk measured four and one-half feet above the adjacent natural grade. See also Caliper.

Effective on: 8/9/2022

Disposal Field means a system of open jointed or perforated pipes laid in the upper strata of the soil to distribute sewage effluent into the soil for absorption and vaporization.

Effective on: 8/9/2022

Dormitory means a building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution.

Effective on: 8/9/2022

Drainage means The process by which surface water (usually from rainfall) moves across the land surface. See Division 8.500, Storm Water Management.

Effective on: 8/9/2022

Drainage Areas mean the delineated areas that currently contribute or are proposed to contribute runoff to a specific location or point.

Effective on: 8/9/2022

Drainage Facility means any system of artificially constructed drains, including open channels and separate stormwater sewers, used to convey stormwater, surface water, or groundwater, either continuously or intermittently, to natural water courses.

Effective on: 8/9/2022

Drip-Line means a generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.

Effective on: 8/9/2022

Drive-In 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. Customers either drive up to a window or station or drive through the building for purchases. This is often the second use of the property, and the primary use must also be permitted in the district.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Duplex means a two-family residential dwelling that has two units on a single lot with units on different floors.

Effective on: 8/9/2022

Dwelling means a building, or portion thereof, used as a place of residence, containing sleeping, cooking, and sanitary facilities, excluding commercial lodging facilities.

Effective on: 8/9/2022

Dwelling, Attached means two or more dwelling units in a single structure or attached structures, each of which could have a single lot, which are separated from each other by a dividing wall. Such units may be side-by-side, back-to-back, or both. This includes two-family dwellings.

Effective on: 8/9/2022

Dwelling, Multiple-Family means a structure containing more than one dwelling unit with either direct access to the outside or through a common hallway, with a separate kitchen facility and living quarters in each unit.

Effective on: 8/9/2022

Dwelling, Single-Family Detached means a dwelling unit, designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit.

Effective on: 8/9/2022

Dwelling Unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family, with separate facilities for all of the following: sanitation, living, sleeping, cooking, and eating.

Effective on: 8/9/2022

Earthen Berm means a man-made mound of earth in excess of two feet in vertical height used to shield or buffer properties from adjoining uses, highways, or noise or to control the direction of surface water flow.

Effective on: 8/9/2022

Easements means any portion of a parcel subject to an agreement between the property owner and another party which grants the other party the right to make limited use of that portion of the property for a specified purpose.

Effective on: 8/9/2022

Elderly means a person who meets the criteria set forth in the Older Americans Act of 1965, as amended.

Effective on: 8/9/2022

Elevated Building means a non-basement building:

1. A.
   Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and
2. B.
   Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.

In addition, it also means, for insurance purposes, 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: 8/9/2022

Engineer, Professional means an individual technically and legally qualified to practice the profession of civil engineering and who is registered to do so in the State of Texas.

Effective on: 8/9/2022

Entry, Primary means the main entry to a building or lease space on a block face. Such entries may also be located on a plaza or courtyard with direct access to the street.

Effective on: 8/9/2022

Entry Turnaround means an esplanade opening or other accommodation provided at the entrance to a private street development in order to allow vehicles denied access to reenter the public street with a forward motion without unduly disturbing other vehicles at the entrance.

Effective on: 8/9/2022

Erosion means the wearing away of soil or rock fragments by water, rain, wind, or earth gravity.

Effective on: 8/9/2022

Essential Access means an access that must cross a resource restricted area, such as a wetland or steep slope, to reach an area of the site that is otherwise buildable and would result in damage to the restricted resource.

Effective on: 8/9/2022

Existing Construction means for the purposes of determining rates, this means structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Effective on: 8/9/2022

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: 8/9/2022

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: 8/9/2022

Expressway means a limited access highway designed to carry regional traffic. Intersections are generally grade separated.

Effective on: 8/9/2022

Exterior Storage means outdoor storage of fuel, raw materials, products, equipment, and other materials used in commercial, office, or industrial activities. Exterior storage includes all building materials or waste or scrap materials stored outdoors.

Effective on: 8/9/2022

Extraction means land used for extraction uses, such as mining and quarrying and any other extraction use. ​​​​

Effective on: 8/9/2022

Extraterritorial Jurisdiction means the unincorporated area that is contiguous to the City limits and that extends a maximum of five miles and that potentially allows the City to extend some regulatory provisions in the unincorporated area as a means to protect the general health, safety, and welfare of persons residing in and adjacent to the City, and as a means to define future growth and service boundaries. 

Effective on: 8/9/2022

Facade. See Building Front.

Effective on: 8/9/2022

Family means Any number of individuals legally related through blood, marriage, adoption, or guardianship, including individuals placed for foster care by an authorized agency, or up to four unrelated individuals living and cooking together and functioning as a single housekeeping unit using certain rooms and housekeeping facilities in common.

Effective on: 8/9/2022

Family Member means a spouse, a brother or sister, natural or adopted child, grandson, or granddaughter of the donor.

Effective on: 8/9/2022

Family Partition means a family partition is property conveyed to a family member as a result of gift, devise or descent.

Effective on: 8/9/2022

Farm means land (with and without farm residences) used for field crops, orchards, viniculture, aquaculture, and truck farming. The term "farm" also includes the raising or breeding of livestock, cattle, horses, poultry, and bees where there is no more than one animal or bee colony per acre. 

Effective on: 8/9/2022

Farm Stand means a temporary or permanent structure or vehicle used in the sale of agricultural produce in season, at least 50 percent of which is grown by the seller. More than one farm may sell at a single stand.

Effective on: 8/9/2022

Feathered Flag means a wind device that contains a harpoon pole or staff driven into the ground for support.

Effective on: 8/9/2022

Filling means the depositing on land, whether submerged or not, of sand, gravel, earth, or other materials. Biodegradable materials and other materials subject to decomposition or significant settling (such as garbage and other organic matter) shall not be considered filling.

Effective on: 8/9/2022

Final Plat means a complete and exact subdivision plan prepared in conformity with the provisions of this Article and in a manner suitable for recording with the County Clerk of the county in which the subdivision is located.

Effective on: 8/9/2022

Flag means a flexible piece of fabric, normally rectangular and attached on one side to a pole or rope, with printed or embroidered insignia that symbolizes a nation, state, or organization. A picture or replica of a flag shall be excluded from this definition.

Effective on: 8/9/2022

Flood Elevation Study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Flood Insurance Study. See Flood Elevation Study.

Effective on: 8/9/2022

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

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

Effective on: 8/9/2022

Floodplain means a relatively flat or low-lying land area adjoining a river, stream, or watercourse which is subject to periodic partial or complete inundation. It includes:

1. A.
   The Floodway Fringe.
2. B.
   Those lands where a detailed study has not been performed, but where a 100-year flood boundary has been approximated. All land subject to inundation by the 100-year flood shall be considered floodplain. The actual elevation shall be established after consideration of any flood elevation, flood line, or floodway data available from federal, state, local, or other sources. The approximate floodplain appears on flood insurance rate maps and flood boundary and floodway maps, where it may appear as Zone A.
3. C.
   The annual floodplain based on annual floodplain soils based on the City Soils Survey.
4. D.
   Historical floodplains as determined by historic records.
5. E.
   Wetlands.

Effective on: 8/9/2022

Floodplain Administrator means a person accredited by the Board and assigned by the City to administer and implement laws and regulations relating to the management of the floodplains.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

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: 8/9/2022

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: 8/9/2022

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

Effective on: 8/9/2022

Floodproofing Certificate means a FEMA form to be completed by a professional engineer or surveyor to certify that a floodproofed, non-residential building has been constructed in accordance with NFIP requirements.

Effective on: 8/9/2022

Flood Protection Elevation means a point two feet above the water surface elevation of the 100-year flood.

Effective on: 8/9/2022

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 areas 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: 8/9/2022

Floodway means the portion of the floodplain district required to carry and discharge the waters of the 100-year flood without increasing the water surface elevation above existing 100-year conditions. The floodway is delineated on the flood boundary and floodway maps, specifically panels 240270001-0275, as amended.

Effective on: 8/9/2022

Floodway (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: 8/9/2022

Floor Area Ratio means the square footage of floor area on all floors of a building divided by the land area within the property lines of the parcel on which the building is situated. For example, a two-story, 12,000 square-foot building on a 36,000 square foot parcel has a floor-area ratio of .33 or 33%.

Effective on: 8/9/2022

Food Truck. See Mobile Food Vendor.

Effective on: 1/1/1901

Food Truck Park means a location that provides off-street availability of mobile food vendor(s) for the purpose of providing commercial food service to customers.

Effective on: 1/1/1901

Frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way (front property line). On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.

Effective on: 8/9/2022

Front Lot Line. See Lot Line.

Effective on: 8/9/2022

Functionally Dependent Use means a use that 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: 8/9/2022

Garage, Private means a garage accessory to a principal building, used for storage purposes only and in which no business, service, or industry is conducted.

Effective on: 8/9/2022

Garage, Public means a garage available to the public for free or for fee.

Effective on: 8/9/2022

Garage Sale, Private means an event for an offering of the sale of various used goods that are owned by the occupants of the residential unit holding the sale. It includes a single-individual, a group of individuals, and/or a sale conducted by a religious, school, or not-for-profit organization. No retail sales or commission sales shall be permitted, nor shall new items be offered for sale.

Effective on: 8/9/2022

Garden Center, see Nurseries.

Effective on: 8/9/2022

Grade means the natural level of the ground adjoining the object whose height is to be measured. Where grade refers to a street or road, it is the existing grade at that point.

Effective on: 8/9/2022

Grading means the excavating, filling (including hydraulic fill), or stockpiling of earth materials, or any combination thereof, including the land in its excavated or filled condition.

Effective on: 8/9/2022

Greenhouse means a building made of glass, plastic, or fiberglass in which plants are cultivated.

Effective on: 8/9/2022

Gross Vehicle Weight means the weight of the vehicle without passengers.

Effective on: 8/9/2022

Ground Sign. See Sign, Ground.

Effective on: 8/9/2022

Groundwater means a portion of the subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated.

Effective on: 8/9/2022

Group Home means a building that would otherwise be categorized as a single-family home, except for the fact that the number of unrelated individuals living in the unit does not qualify under the definition of family. The operation of a group home is a family living environment, not an institutional environment in which staff manages the living and controls activities. Group homes do not include office operations on-site. If the unit would otherwise qualify as other types of dwelling units defined in this Code, such as apartment or attached housing, then the use shall be treated as such. Co-ops, nursing homes, other institutional residential, and boarding house type of operations are expressly excluded since these are institutional or commercial lodging uses.

Effective on: 8/9/2022

Guyed Tower means any communications tower using wire guys connecting above-grade portions of a communications tower diagonally with the ground to provide support for tower, antennae, and connecting appurtenances.

Effective on: 8/9/2022

Hazardous Substance means any substance as found in the federal regulation 40 CFR 116, Designation of Hazardous Substances.

Effective on: 8/9/2022

Heavy Industry means a use category containing uses engaged in the manufacturing, assembly, or processing of chemicals, animal products and metals, construction, mining, transportation, and public utilities due to the land use intensity impacts typically associated with large industrial uses, their accessory outdoor storage uses, and large building areas. These uses are likely to have characteristics that discourage adjacency to residential uses. This category includes, but is not limited to:

• Heavy construction contractors
• Meat products manufacturing
• Seafood product reparation and packaging
• Alcoholic beverages
• Industrial equipment leasing
• Stone, clay, and glass products
• Trucking and warehousing
• Transportation equipment manufacturing
• Utility production or processing facilities, but not office or transmission or distribution
• Welding, sheet metal, blacksmith
• Any light industry in a building or buildings in excess of 80,000 square feet of groundcover, or having exterior storage occupying 15,000 square feet or more, or having a height in excess of 45 feet.

Effective on: 8/9/2022

Heavy Retail and Service means activities that have regular exterior service or storage areas or partially enclosed structures as listed below:

1. 1.
   Exterior commercial retail sales.
2. 2.
   Home centers
3. 3.
   Lumber and other building materials
4. 4.
   Vehicle repair services, towing, and parking
5. 5.
   Fuel dealers
6. 6.
   Greenhouses (retail) and greenhouses with garden supplies
7. 7.
   Mini warehouses, not with outside storage
8. 8.
   Recreational equipment rental where equipment is stored outside
9. 9.
   Repair shops and related services

Effective on: 8/9/2022

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: 8/9/2022

Highway means any road thoroughfare, street, boulevard, lane, court, trailway, right-of-way, or easement used for, or laid out and intended for, public passage of vehicles or persons.

Effective on: 8/9/2022

Historic Structure means any structure that is:

1. A.
   Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. B.
   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. C.
   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. D.
   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

   1. 1.
      By an approved state program as determined by the Secretary of the Interior, or
   2. 2.
      Directly by the Secretary of the Interior in states without approved programs.

Effective on: 8/9/2022

Home Business means a business operated out of homes that permits the employment of up to three unrelated individuals in the home. Uses shall be limited to those allowed as Home Occupations. Management or staffing of a group home is not a home business.

Effective on: 8/9/2022

Home Occupation means any occupation or activity carried on by a member of the immediate family residing on the premises in connection with which there is used no sign other than a nameplate not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. The term shall include the use of premises by a physician, surgeon, dentist, lawyer, member of the clergy or other professional person for consultation or emergency treatment.

Effective on: 8/9/2022

Homeowner means those individuals who accept a deed to a lot or dwelling unit.

Effective on: 8/9/2022

Hoophouse or Wind Tunnel means a structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.

Effective on: 8/9/2022

Hospital means an institution providing medical, surgical, and/or psychiatric care on an inpatient or outpatient basis, including general medical, surgical hospitals, medical laboratories, and specialty hospitals, except alcoholism and drug rehabilitation facilities.

Effective on: 8/9/2022

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: 8/9/2022

HUD-Code Manufactured Home: 

1. A.
   Means a structure:

   1. 1.
      constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
   2. 2.
      built on a permanent chassis;
   3. 3.
      designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
   4. 4.
      transportable in one or more sections;  and
   5. 5.
      in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;
2. B.
   Includes the plumbing, heating, air conditioning, and electrical systems of the home;  and
3. C.
   Does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

Effective on: 8/9/2022

Impervious Surface Ratio (ISR) means the proportion of a development that is impervious surface. It is determined by dividing the area in impervious surface by the base site area.

Effective on: 8/9/2022

Impervious Surfaces means areas that do not allow significant amounts of water to penetrate.

Effective on: 8/9/2022

Indoor Recreation means uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature. This use includes, but is not limited to, recreational uses that are public (open to community or development residents) including community recreation centers, gymnasiums, indoor swimming pools, or tennis, racquetball, or handball courts. Specifically excluded are health and exercise clubs ​​​​​​​ and uses listed as commercial amusement uses.

Effective on: 8/9/2022

Infiltration means the passage or movement of water through the soil profile.

Effective on: 8/9/2022

Installation, when used in reference to manufactured housing, means the transportation of manufactured home components to the place where they will be used by the consumer, the construction of the foundation system, whether temporary or permanent, and the placement and erection of a manufactured home or manufactured home components on the foundation system, and included supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expandable sections or components, the installation of air conditioning and minor adjustments.

Effective on: 8/9/2022

Installer means any person, including a retailer or manufacturer, who performs installation functions on manufactured housing.

Effective on: 8/9/2022

Institutional, Residential means uses including:

1. A.
   Convents or monasteries.
2. B.
   Nursing homes; assisted care living facilities; and assisted living centers.
3. C.
   Sheltered care facilities or group living facilities where the residents live in an institutional environment and are, generally, under the care or control of staff. All sheltered care, group care, group homes, and residential substance abuse facilities where total occupancy is more than eight shall be considered institutional residential use. The residents would be members of an institution, or would have institutional care, or would be treated by staff in an institutional setting, rather than living independently. Includes drug and alcoholism hospitals and rehabilitation centers.
4. D.
   Institutional housing where there is commercial rental or condominium ownership combined with any of the following: common food service, nursing, or health care.
5. E.
   Dormitories, fraternities, sororities, or co-ops.
6. F.
   Schools with live-in facilities on site, other than universities, colleges, or preparatory schools.

Effective on: 8/9/2022

Intensity means the degree to which land is allowed to be used for development.

Effective on: 8/9/2022

Intensive Agriculture means:

1. 1.
   Any agricultural uses such as feedlots, hog farms, and poultry operations where animals are tightly confined in buildings or outdoor pens or pastures with more than one animal unit per acre; and
2. 2.
   Any agricultural use that is required to obtain a Discharge Permit because of animal or poultry wastes. 

Effective on: 8/9/2022

Kennel means the boarding, breeding, training, or selling of domestic dogs or cats. This shall include the keeping of more than nine dogs or cats over the age of four months or the keeping of a total of more than nine dogs and cats. This use permits outdoor dog runs.

Effective on: 8/9/2022

Land Grading. See Grading.

Effective on: 8/9/2022

Land, Improved means vacant land that has been provided with power, water, sewage, streets and sidewalks, and other infrastructure.

Effective on: 8/9/2022

Landmark Buildings means buildings which are located on axis with a terminating street, or located at the intersection of streets. Such buildings shall incorporate architectural features which address height and articulation that emphasize the importance of such a location. They shall be approved as part of the Site Plan.

Effective on: 8/9/2022

Landowner means the holder of legal title to the land as recorded by the County.

Effective on: 8/9/2022

Landscape Architect means an individual registered by the State to practice the profession of landscape architecture.

Effective on: 8/9/2022

Landscape Plan means a plan associated with a subdivision, land development, or parking facility plan indicating the placement of trees, shrubs, groundcover, and affiliated structures and improvements, including specifications, species, quantities, and installation as prepared by an Texas registered Landscape Architect.

Effective on: 8/9/2022

Landscape Surface Ratio (LSR) means the area of landscaped surface divided by the base site area. 

Effective on: 8/9/2022

Landscaped Area means the modification of the landscape for an aesthetic or functional purpose in an area, which includes the preservation of existing vegetation and continued maintenance together with grading and installation of minor structures and appurtenances.

Effective on: 8/9/2022

Landscaping means the design and installation of plant material such as lawns, groundcover, trees, bushes, etc., in formal, informal, or natural arrangements.

Effective on: 8/9/2022

Lattice Tower means a structure which consists of vertical and horizontal supports and metal crossed strips or bars to support antennae and connecting appurtenances. Lattice towers may be freestanding or supported by wire guys. (See Guyed Tower.)

Effective on: 8/9/2022

Lessee means any person who leases all or a portion of a premise on a day-to-day, week-to-week, or month-to-month basis.

Effective on: 8/9/2022

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: 8/9/2022

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: 8/9/2022

Level of Service (LOS) means a measure of traffic on a roadway segment or intersection being used during peak hours, as determined by the most current version of Report 209, the Highway Capacity Manual, prepared by the National Research Council's Transportation Research Board. Level of service is expressed on a scale of "A" to "F" with "A" indicating the best level of service and "F" indicating the worst. The definitions of levels of service "A" through "F" shall be those contained in the references cited in this definition.

Effective on: 8/9/2022

License means a written license issued by the city permitting a person to operate and maintain a manufactured home community park under the provisions of this chapter.

Effective on: 8/9/2022

Licensee means any person licensed to operate and maintain a manufactured home community park under the provisions of this chapter.

Effective on: 8/9/2022

Light Automobile Service means:

Gasoline service stations, gas convenience marts, and quick service oil, tune-up, brake, and muffler shops where repairs are made in fully enclosed bays, the repairs are completed in less than two hours, and no vehicles are stored overnight (NAICS 811191, 811192). A single-bay car wash associated with a gas convenience mart is permitted provided they constitute less than 20 percent of total floor area and are not in a separate building.

Auto malls with a number of the uses, as listed in D.1 above, contained in a single building. When the total floor area is greater than 30,000 square feet, car washes shall be permitted as part of the mall (NAICS 4411, 4413, and 811191, 81119).

Effective on: 8/9/2022

Light Industry means uses that involve research and development, assembly, compounding, packaging, testing, or treatment of products from previously prepared materials, with limited outside storage and limited external impacts or risks; or wholesale uses; or rental or sale of large items that are stored outside. Light Industry uses are in buildings of less than 80,000 square feet of ground cover or having exterior storage occupying less than 15,000 square feet, or having a height of less than 45 feet. This, generally, includes the following uses:

• Building, development, and general contracting. Special trade contractors (except storage of any equipment that is more than 12 feet in height).
• Food products other than micro-breweries.
• Textiles and apparel.
• Furniture and fixtures
• High tech-heavy industry where the business is less than 20,000 square feet and receives and ships all its packages via courier service.
• Printing and publishing
• Office and computing machines
• Electric and electronic equipment, except electronic distribution and electrical industrial
• Instruments and related products
• Miscellaneous manufacturing industries
• Transportation services
• Communications
• Wholesale trade, durable and non-durable except farm products.
• Mini-warehouses.
• Regional utility substation or distribution station on at least two acres.
• Truck, recreational vehicle, and mobile home sales.
• Truck rental
• Other rental
• Any heavy industrial use occupying a masonry building less than 20,000 square feet in floor area, having no outside storage or processing and which is serviced with delivery of raw or partially assembled materials and shipping of the final product by parcel delivery vans, not semi-trailers.
• Dry cleaning plants. 

Effective on: 8/9/2022

Limited Use means a permitted use that has a number of special restrictions that may prohibit the use being developed on every property or control its design in detail.

Effective on: 8/9/2022

Limited Use Permit means a permit indicating the use has been approved as meeting all the standards of this code.

Effective on: 8/9/2022

Loading Space means a durably paved, properly designed for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located.

Effective on: 8/9/2022

Local Street means a street that provides access to individual residential lots.

Effective on: 8/9/2022

Loft means the most flexible of unit types and can be configured for commercial, residential, and retail uses depending on market demand. Lofts are characterized by higher than normal ceilings, open floor plans and often, exposed duct work. Usually they also contain a larger amount of glazing on exterior walls.

Effective on: 8/9/2022

Lot means a parcel of land whose boundaries have been established by a legal instrument such as a recorded deed, court order, or a recorded plot, which is recognized as a separate legal entity for purposes of transfer of title.

Effective on: 8/9/2022

Lot Line means a line, including property line or a lease line, dividing one lot from another or from a street or other public place. There are basically four types of lot lines -- front, rear, side, and street.

1. A.
   Front lot line.The street lot line from which the unit takes access; or, where more than one street yard could safely provide this access, the front lot line shall be considered as parallel to the street on which the lot has its least dimension. In cases where lots are irregular, square, or have double frontage, the front shall correspond to the lot's side to which the adjacent lot(s), or a majority of adjacent structures, front.
2. B.
   Rear lot line. The lot line opposite the front lot line.
3. C.
   Side lot line. The lot line that runs generally perpendicular or at angles to the street or any line that is not a front, street, or rear lot line.
4. D.
   Street lot line. Any lot line that is also a street right-of-way line.

Figure L-2 Lot Lines

Effective on: 8/9/2022

Lot-Line House means a dwelling type consisting of a single-family, fully detached residence located on an individual lot with only one side yard. No windows are permitted on the zero lot line wall of the house. The zero lot line may be achieved by placing the house on a side lot line and providing a maintenance easement six feet wide on the adjoining lot or locating the house so as to provide two side yards, one of which shall be a six-foot side yard with a use easement for the neighboring property.

Effective on: 8/9/2022

Lot, Panhandle. See Panhandle Lot.

Effective on: 8/9/2022

Lot Depth means the average depth measured in the mean direction of the side lot lines from the front street line to the rear lot line. The rear line shall be deemed to be not farther back than a line drawn parallel with the front street line, entirely on the lot, and not less than ten feet long.

Effective on: 8/9/2022

Lot Width means the distance across the lot (side lot line to side lot line) at the front property line. Lot width is also the measure of frontage for lots (see Frontage).

Figure L-3 Lot Width

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Luminaire means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts ready to be mounted on a pole or other location.

Effective on: 8/9/2022

Maintenance Corporation means a body of persons legally responsible for the maintenance of private open spaces and/or common facilities.

Effective on: 8/9/2022

Maintenance Guarantee means a guarantee of facilities or work to ensure the correction of any failures of any improvements required pursuant to this Code or to maintain same.

Effective on: 8/9/2022

Major Collector Street means a street intended to gather traffic from local non-residential access streets and convey it to higher level streets. Note: This street does not serve individual non-residential lots. Located in non-residential areas or developments, this street type collects and moves a high volume of traffic from local non-residential access streets.

Effective on: 8/9/2022

Manufactured Home means pursuant to Sections 1201.003(15) and 1201.004, Texas Statutes, "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. In addition, it also means a structure transp01iable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". 

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Map Amendment means An amendment to zoning that involves a change of one or more district boundaries as shown on the Zoning Maps and/or a change in the zoning classification of specific property.

Effective on: 8/9/2022

Marquee means a hood, awning, or permanent roof type construction which projects from the wall of a building above an entrance for movie theaters and similar uses.

Effective on: 8/9/2022

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: 8/9/2022

Mean Surface Water Elevation means the observed limit of dry weather flow elevation in a watercourse or mean high water level in tidal areas.

Effective on: 8/9/2022

Minor Collector Street means a street intended to gather traffic from local non-residential access streets and convey it to higher level streets. Note: This street does not serve individual, non-residential lots. Located in non-residential areas or developments, this street type collects and moves a low volume of traffic from local non-residential access streets.

Effective on: 8/9/2022

Minor Subdivision Plat. See Subdivision, Minor.

Effective on: 8/9/2022

Mitigation means any action taken to lessen the specified undesirable impacts of a proposed land use or land disturbance activity, including those which would adversely affect the health or longevity of a natural feature, pose a visual intrusion or conflict, or otherwise be deemed incompatible with surrounding properties.

Effective on: 8/9/2022

Mobile Food Vendor means any operation which sells food and/or beverage items from a non-stationary location within the city.

Effective on: 1/1/1901

Mobile Home means pursuant to Sections 1201.003(17) and 1201.004, Texas Statutes, Mobile Home means:

1. A.
   A structure:

   1. 1.
      Constructed before June 15, 1976;
   2. 2.
      Built on a permanent chassis;
   3. 3.
      Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
   4. 4.
      Transportable in one or more sections; and
   5. 5.
      In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and
2. B.
   Includes the plumbing, heating, air conditioning, and electrical systems of the home.

Effective on: 8/9/2022

Model Homes/Sales Office means a dwelling unit in a subdivision used as a sales office or a modular unit used as a sales office for a subdivision.

Effective on: 8/9/2022

Monopole Tower means a structure that consists of a single, freestanding pole structure to support antennae and connecting appurtenances.

Effective on: 8/9/2022

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: 8/9/2022

Multi-family Dwelling means a building arranged, intended, or designed to be occupied by three or more families living independently of each other. This includes apartments and multiplex units.

Effective on: 8/9/2022

Multiplex means a multiple-family building type with units that have either private or shared access. The units may be arranged in a variety of configurations, including back-to-back, side-to-side, or vertical.

Effective on: 8/9/2022

Natural Areas means areas of private lots or public land that have been created, recreated, restored, or preserved with locally indigenous plant species and are being maintained through the encouragement of locally indigenous plant species and elimination of noxious weeds as determined by State Statutes.

Effective on: 8/9/2022

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: 8/9/2022

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: 8/9/2022

Nonconforming Building means abuilding, structure, or parts thereof lawfully existing at the time this Code or a subsequent amendment to this Code became effective which does not conform to the dimensional requirements of the district in which it is located.

Effective on: 8/9/2022

Nonconforming Lot means a lot, legally established prior to the effective date of this Code, which does not meet the standards of the district in which it is located. This can involve minimum area, buildable area, or dimensional requirements of the lot.

Effective on: 8/9/2022

Nonconforming Sign means any sign, legally established prior to the adoption of this Code, which does not fully comply with the standards of this Code. 

Effective on: 8/9/2022

Nonconforming Situation means abuilding or structure or the use of a lot lawfully existing at the time this Code or a subsequent amendment to this Code became effective, which does not conform to the dimensional use requirements of the district in which it is located.

Effective on: 8/9/2022

Nonconforming Use means a use of land or use of a building or structure lawfully existing at the time of adoption of this code or a subsequent amendment to this code became effective which does not conform to the use requirements of the district in which it is located.

Effective on: 8/9/2022

Non-Delineated Floodplain means an area subject to a 100-year flood, adjacent to a watercourse that is identified by a blue line on the current United States Geological Survey (USGS) topographic maps of the City or in the detailed maps of the City Soil Survey for which FEMA has not delineated a floodplain.

Effective on: 8/9/2022

Nurseries mean businesses that sell only plants. Nurseries or garden centers that sell gardening or other supplies in addition to plants are not considered agricultural uses under this definition.

Effective on: 8/9/2022

Occupancy means the use of land, buildings, or structures.

Effective on: 8/9/2022

Office means a use category with commercial activities conducted in an office setting and generally focusing on business, professional, or financial services. This includes the following: 

• Finance, banks, trusts, lending
• Security, commodity brokers, and services
• Insurance carriers, agents, brokers, and service
• Real estate
• Professional and Technical Services
• Business services
• Health services
• Social services (except care facilities)
• Educational services, such as business schools, technological, and trade schools excluding public and private schools serving grades K-12 (see Institutional).
• Civic and social organizations.
• Miscellaneous services.
• Agricultural support and services (offices only, no equipment or warehousing). Governmental offices

Effective on: 8/9/2022

Official Zoning Map means the map(s) showing the location and boundaries of the zoning districts established by this Code. These maps are entitled, "Official Zoning Map of the City of Edinburg, Texas."

Effective on: 8/9/2022

Opacity means the measurement of the screening effectiveness of a bufferyard or fence expressed as the percent of vision that the screen blocks.

Effective on: 8/9/2022

Open Space means land area to be left undeveloped as part of a natural resource preservation, recreation, bufferyards, or other open space provision of this code. Open space excludes areas in lots, street rights-of-way, or parking. Open space is sometimes referred to as "green space," however, such phrase shall have no effect on the way open space is regulated pursuant to this Code. 

Effective on: 8/9/2022

Open Space, Private means open space designed and intended for common use and the enjoyment of the residents.

Effective on: 8/9/2022

Open Space, Public means open space designed and intended for common use and the enjoyment of the residents of the City of Edinburg.

Effective on: 8/9/2022

Open Storage means goods, equipment, or supplies held for safekeeping or eventual sale or distribution, not entirely within totally enclosed buildings. T-structures, lean-to type structures, or roofed-over, fenced-in areas shall not be considered totally enclosed buildings.

Effective on: 8/9/2022

Outdoor Recreation means public areas (open to community residents) for active recreational activities including, but not limited to: jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools, and tennis courts; golf courses, (full-sized nine holes, regulation length) regardless of ownership and membership, golf and country clubs, par three golf courses, and golf driving ranges. Passive recreational uses including, but not limited to: arboretums, wildlife sanctuaries, forests, areas for hiking, nature areas, and other passive recreation-oriented parks, picnic areas, garden plots, and beaches.

Effective on: 8/9/2022

Outdoor Storage means the storage of any material, personal or business property, or motor vehicles for a period greater than 24 consecutive hours, including items for sale, lease, processing, and repair not in an enclosed building.

Effective on: 8/9/2022

Panhandle Lot means a tract of land having insufficient lot width along a road or at the minimum setback line to meet the requirements of the district in which it is located but with sufficient area to meet all lot requirements further back on the lot. Sometimes referred to as a "flag lot."

Figure P-1 Panhandle Lot

Effective on: 8/9/2022

Parcel. See Lot.

Effective on: 8/9/2022

Park means an area open to the general public and reserved for recreational, educational, or scenic purposes.

Effective on: 8/9/2022

Parking, Shared means parking which is shared by tenants, visitors, and the general public.

Effective on: 8/9/2022

Parking Space means an area of land designated for the parking of motor vehicles and connected to a street or private accessory.

Effective on: 8/9/2022

Parking Structure means a structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition shall include parking garages, deck parking, and underground or under-building parking areas.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Pastures mean areas engaged in the grazing of livestock for recreational use or for the sale of livestock or livestock products.

Effective on: 8/9/2022

Patio House means a dwelling type that is a detached or semi-detached unit (i.e. attached by a common wall to another dwelling unit) for a single family, with one dwelling unit from ground to roof. Each dwelling unit's lot shall be fully enclosed by a wall located at the lot line, thus creating a private yard, referred to as a patio, between the house and the wall. A "minimum patio area," rather than setbacks, is used to determine minimum yard area. All living spaces, such as living rooms, dens, and bedrooms, shall face into the yard or patio.

Effective on: 8/9/2022

Paved Area. See Impervious Surfaces.

Effective on: 8/9/2022

Pavement Width the portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs.

Effective on: 8/9/2022

Peak Hours or Peak Periods means, in general, periods from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. on weekdays. A peak hour is a 60-minute period occurring within a peak period. Different peak hours may be established based on type of development or traffic counts on a street.

Effective on: 8/9/2022

Pedestrian Way means a publicly or privately owned right-of-way or easement for pedestrian or bicycle use.

Effective on: 8/9/2022

Perennial Stream means a channel with banks and a bed within which concentrated water flows all of the time.

Effective on: 8/9/2022

Performance Guarantee. See Surety.

Effective on: 8/9/2022

Permit means a document issued by the City allowing a person to begin an activity provided for in this Code or other codes, ordinances, and regulatory provisions adopted by the City.

Effective on: 8/9/2022

Permitted Use means a use permitted by right in a district without the need for special administrative review and approval upon satisfaction of the standards and requirements of this Code.

Effective on: 8/9/2022

Pervious means a description of a surface that presents an opportunity for precipitation to infiltrate into the ground.

Effective on: 8/9/2022

Petition means a request for text amendment or a map amendment made by a property owner, a subject property owner, or by a group of property owners acting as a private citizens' group.

Effective on: 8/9/2022

Place of Assembly means museums, aquariums, cultural or arts centers, conference centers, libraries, schools serving grades K-12, child and adult day care centers (child care centers are any operation that cares for 13 or more children under 14 years old for less than 24 hours), places of worship, and cemeteries. The use is further defined by scale.

Effective on: 8/9/2022

Planning and Zoning Commission. See Division 13.400, Planning and Zoning Commission.

Effective on: 8/9/2022

Plans, Construction means the architectural or engineering drawings showing the construction details and the types of material for the physical structures and facilities, excluding dwelling units, to be installed in conjunction with the development of the project.

Effective on: 8/9/2022

Plat means a document, prepared by a registered land surveyor or engineer, which delineates property lines and shows monuments and other landmarks for the purpose of identifying property.

Effective on: 8/9/2022

Plat, Preliminary means a plan of a subdivision or of a land development, including all required supplementary data, showing the approximate proposed street and lot or site layout, or a plan of existing private streets to be dedicated to public use, as a basis for consideration by the Administrator and Planning and Zoning Commission prior to the preparation of a final plat.

Effective on: 8/9/2022

Primary Access means the manner in which a property takes access to the public street system, ordinarily by a drive that intersects the street. Where there are several possible accesses, the one located or configured to have the most traffic is the primary access.

Effective on: 8/9/2022

Principal Building or Use means the main use on a property in terms of size, area, and function.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Private Clubs or Social Clubs means organizations or associations of persons for some common purpose, such as a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for profit or to render a service which is customarily carried on as a business. Such organization's principal purpose shall not be serving alcoholic beverages to its members or others. Examples of private clubs include (but are not limited to) 4-H Clubs, veterans organizations, Boy Scout and Girl Scout facilities, Elks Lodges, YMCA, and YWCA, and fraternities and sororities that do not include residential facilities.    

Effective on: 8/9/2022

Private Subdivision means a subdivision that has restricted access to the general public and where the internal streets, street lights, traffic control devices and sidewalks are not dedicated to the public, but are maintained by the lot owners through a home owners' association or similar entity.

Effective on: 8/9/2022

Program Deficiency means a defect in the City's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations or of the standards contained in the City Code.

Effective on: 8/9/2022

Property Line. See Lot Line.

Effective on: 8/9/2022

Property Owner. See Landowner.

Effective on: 8/9/2022

Protective Care means housing where the residents are assigned to the facility and are under the protective care of the county, state, or federal government. This use includes jails, prisons, work release, other similar facilities, and psychiatric hospitals.

Effective on: 8/9/2022

Public Improvement means any improvement, facility or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as: streets, alleys, pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, and public utility and energy services.

Effective on: 8/9/2022

Public Interest Event and Special Events mean outdoor gatherings, auctions, art sales, and bake sales for the benefit of the community, or community service or non-profit organizations. These events may also include, but are not limited to outdoor concerts, auctions, carnivals, circuses, outdoor religious meetings, and special entertainment at commercial properties. Such uses often travel to various communities or involve noisy events regardless of purpose.

Effective on: 8/9/2022

Public Right-of-Way means the entire width between property lines of any road, street, alley, bridge, or similar thoroughfare publicly maintained when any part thereof is open to the public for pedestrian, bicycle or vehicular use.

Effective on: 8/9/2022

Public Service means uses including emergency service, buildings, or garages (e.g. ambulance, fire, police, rescue), and conservation agencies.

Effective on: 8/9/2022

Public Utilities means publicly or investor owned or regulated entities which provides services to the general public (e.g., water, sewer, telephone, solid waste, cable, gas, and electric). See Section 7.406, Easements.

Effective on: 8/9/2022

Public Water Supply Well means a well from which the water is used to serve a community water system.

Effective on: 8/9/2022

Rare Species means endangered or threatened species.

Effective on: 8/9/2022

Rational Method means sn engineering method of predicting peak runoff rates.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Recreational Vehicle means a vehicle designed or used as living quarters for recreational, camping, vacation, or travel use, such as house trailers, travel trailers, trucks, trailers, pickup trucks, and vans. For the purposes of this definition, a recreational vehicle shall not include trailers in excess of 28 feet in length or in excess of 4,500 pounds gross weight.

Effective on: 8/9/2022

Recreational vehicle means any of the following while in use as a residence:

1. A.
   Dependent trailer. A trailer which is dependent upon a service building for toilet and lavatory facilities.
2. B.
   Motor home. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
3. C.
   Pick-up coach. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
4. D.
   Self-contained trailer. A trailer which can operate independent of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer.
5. E.
   Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a "travel trailer" by the manufacturer of the trailer.

Effective on: 8/9/2022

Recreational Vehicle means a vehicle which is:

1. A.
   Built on a single chassis;
2. B.
   400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; and
3. C.
   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Effective on: 8/9/2022

Recreational Vehicle Park means a use wherein recreational vehicles are provided a parking space with water, sewer, and electrical connections for transient use.

Effective on: 8/9/2022

Recycling or Storage includes any land or structure used for salvaging, recycling, junkyards, or storing of waste paper, rags, scrap metal, and discarded materials and the collection, dismantlement, storage, and salvage of two or more inoperative vehicles, automobiles, boats, trucks or farm vehicles or equipment, or other types of machinery. This includes the aggregate storage of manmade equipment, machinery, scrap, or other used materials having a total cubic volume of 700 cubic feet. Where there is no exterior storage and all the material is stored inside buildings with impervious floors, the use shall be considered light industry.

Effective on: 8/9/2022

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: 8/9/2022

Replacement means the act of moving one mobile home or recreational vehicle from its existing stand and replacing it with another mobile home or recreational vehicle. In the city, mobile homes shall be replaced only with approved HUD-code manufactured homes.

Effective on: 8/9/2022

Required Street Yard means the street yard required by this Code which lies between the street and the setback line from any street -- front, side, or rear.

Effective on: 8/9/2022

Reserve Strip means a parcel of ground in separate ownership separating a street from other adjacent properties or from another street.

Effective on: 8/9/2022

Residential Collector Street means a new street intended to gather traffic from local residential access streets and convey it to higher level streets. Note: This street does not serve individual residential lots. Located in residential areas or developments, this street type collects and moves the traffic from local residential access streets whose total dwelling unit count exceeds 240.

Effective on: 8/9/2022

Resource means a natural area or physical feature that is protected.

Effective on: 8/9/2022

Restaurant means a use with commercial establishments that serve prepared food for consumption for on-premises or off-premises retail consumption Restaurants include a "bar and grill." However, a "bar and grill" is not a restaurant if more than 75% of the gross revenues are derived from the sale of alcoholic beverages.

Effective on: 8/9/2022

Restoration means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area, including surface water and groundwater.

Effective on: 8/9/2022

Reverse Frontage Lot means a lot extending between and having frontage on two generally parallel streets.

Effective on: 8/9/2022

Rezoning means an amendment to the Zoning Map.

Effective on: 8/9/2022

Ride-Sharing means the process of private vehicles being used for the temporary transportation of passengers. This definition includes ride-hailing services such as Uber and Lyft and other taxi services.  

Effective on: 8/9/2022

Ride-Sharing Area means an area designated to be used solely for the quick pick-ups and drop-offs of passengers using ride-sharing services.

Effective on: 8/9/2022

Right-of-Way means an area of land not on a lot that is dedicated for public or private use to accommodate a transportation system. In no case shall a right-of-way be construed to mean an easement.

Effective on: 8/9/2022

Riparian Buffer means an area on either side of a stream or around a body of water. The riparian buffer width is generally 50 feet.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Road, Arterial. See Street, Arterial.

Effective on: 8/9/2022

Road, Collector. See Street, Collector.

Effective on: 8/9/2022

Road, Local. See Local Residential Access Street.

Effective on: 8/9/2022

Road, Major Collector. See Major Collector Street.

Effective on: 8/9/2022

Road, Minor Collector. See Minor Collector Street.

Effective on: 8/9/2022

Roadway means the portion of a highway including the cartway and shoulders within a right-of-way.

Effective on: 8/9/2022

Roofline means the top of a roof or building parapet, excluding any cupolas, pylons, chimneys, or other minor projections.

Effective on: 8/9/2022

Runoff means that portion of precipitation or snow melt that has not evaporated or infiltrated into the soil, but flows on the land surface.

Effective on: 8/9/2022

Sanitary Sewage means any liquid discharge from a structure or animal containment area, except roof drains.

Effective on: 8/9/2022

Sanitary Sewage Disposal, Community means a sanitary sewage collection system in which sewage is carried from individual lots, by a system of pipes, to a temporary central treatment and disposal plant, generally serving a neighborhood area.

Effective on: 8/9/2022

Sanitary Sewage Disposal, On-Lot means a system in which sanitary sewage and wastewater is collected from a single use or dwelling unit, by a system of pipes, and carried to a septic tank and tile disposal field located within the boundaries of an individual lot.

Effective on: 8/9/2022

Sanitary Sewage Disposal, Public means a system in which sanitary sewage and wastewater is collected from multiple uses or dwelling units, by a system of pipes, and carried to a central disposal facility, generally serving a region.

Effective on: 8/9/2022

Sanitary Sewer Line means a sanitary sewer collection system in which sewage is carried from individual lots, by a system of pipes, to a central treatment and disposal plant, or to other pipes that run to a central treatment and disposal plant.

Effective on: 8/9/2022

Sanitary Sewer System means a central treatment and disposal plant and related systems and pipes including, but not limited to, sanitary sewer lines.

Effective on: 8/9/2022

Sanitary Station means a facility used for removing and disposing of wastes from "dependent" or "self-contained" mobile home or recreational vehicle holding tanks.

Effective on: 8/9/2022

Satellite Dish means a type of antenna for receiving communications via satellite relay.

Effective on: 8/9/2022

SCS Method means a method of estimating runoff and peak discharges in a watershed, including Technical Release 20 and Technical Release 55, promulgated by the U.S. Department of Agriculture.

Effective on: 8/9/2022

Sediment means Soils or other surface materials transported and/or deposited by the action of wind, water, ice, or gravity as a product of erosion.

Effective on: 8/9/2022

Sediment and Stormwater Management Plan means a plan for the control of soil erosion, sedimentation, stormwater quantity, and water quality impacts resulting from any land disturbing activity.

Effective on: 8/9/2022

Septic System, Individual. See Sanitary Sewage Disposal, On-lot.

Effective on: 8/9/2022

Septic Tank means a multiple compartment, watertight receptacle which receives sewage from a building and is designed and constructed so as to permit settling of solids from the sewage, digestion of the organic matter, and discharge of the liquid portion into a disposal area.

Effective on: 8/9/2022

Service Building means a structure housing toilet, lavatory, showers and other facilities as may be required by this chapter.

Effective on: 8/9/2022

Services means a wide variety of personal and commercial services. This category does not include those services for customers in vehicles, such as a drive-in banking facility. Services include:

• Educational services
• Social assistance
• Hospitals and medical laboratories, including general medical and surgical hospitals and specialty hospitals, except alcoholism and drug rehabilitation facilities.
• Postal service buildings, except regional distribution centers, couriers, and messengers
• Miscellaneous repair services and shops
• Health and exercise; dance studios
• Funeral homes
• Laundry services
• Personal services
• Veterinary uses

Effective on: 8/9/2022

Setback means a minimum or maximum distance that is required from a lot line to a building, structure, or sign, as the context requires. 

Effective on: 8/9/2022

Sewer Connection means the connection consisting of all pipes, fittings and appurtenances from the drain outlet of a manufactured home or recreational vehicle to the inlet of the corresponding sewer service riser pipe of the sewage system serving the manufactured home community park or subdivision.

Effective on: 8/9/2022

Shopping Center means a group (more than three) of commercial retail, service, and other commercial uses located in a single planned unit and managed as a total entity with customer and employee parking provided on-site, provisions for goods separated from customer access, aesthetic considerations, and protection from the elements.

Effective on: 8/9/2022

Effective on: 8/9/2022

Sidewalk means a pedestrian way extending along, parallel to, and within an easement or the right-of-way of a public or private street.

Effective on: 8/9/2022

Sidewalk, Perimeter means a sidewalk that: (A) serves lots that are on the boundaries of a subdivision; and that (B) runs along an existing or proposed collector or arterial street. The shaded lots in Figure S-1, below, would be served by a perimeter sidewalk. 

Figure S-1 Sidewalk, Perimeter

Effective on: 8/9/2022

Sidewalk, Interior means a sidewalk that is not a perimeter sidewalk. 

Effective on: 8/9/2022

Sidewalk Sale and Farmer's Market means sales conducted by either the store owner/occupant outside the store in question or by a commercial farm on either the public sidewalk, a private sidewalk, or pedestrian area adjacent to the sidewalk.

Effective on: 8/9/2022

Side Yard means a yard created by the setback distance of the building to a side lot line.

Effective on: 8/9/2022

Sign means any object, writing (including letters, words or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display, visible outdoors, which is used to attract attention by any means, including to attract the attention of an object, person, institution, organization, business, religious group, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images of the public or any other figure of similar character which:

1. A.
   Is a structure of any part thereof, or a portable display, or is attached to, or in any other manner represented on a building or other structure or on the ground; and
2. B.
   Is used to announce, direct attention to, or advertise.

Effective on: 8/9/2022

Sign, Animated means any sign that uses movement or change of lighting to depict action or motion.

Effective on: 8/9/2022

Sign Area means the sum of the areas of the sign enclosed within a projected rectangle or within a single continuous perimeter composed of squares or rectangles which enclose the extreme limits of the words, letters, announcement, logo, pictorial element, etc., together with any frame, background area of sign, structural trim or other material, color or condition which forms an integral part of the display, but excluding the necessary supports or uprights on which such sign is placed.

Effective on: 8/9/2022

Sign, Banner means any temporary sign intended to be hung with or without frames, characters, letters, illustrations, or ornamentations applied to paper, plastic or any fabric of any kind.

Effective on: 8/9/2022

Sign Brightness means all electronic signs must comply with the sign restrictions on intersections and applicable federal and state law regarding the maximum brightness as measured in lumens.

Effective on: 8/9/2022

Sign, Bulletin Board/Marquee means a sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it, and announcement of persons, events, or activities occurring at the institution. Such sign may also present a greeting or similar message.

Effective on: 8/9/2022

Sign, Business means a sign that directs attention to a business or profession conducted or to products, services, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

Effective on: 8/9/2022

Sign, Canopy means a sign that is hung, affixed, or suspended beneath an awning or canopy and is intended to identify a business, product or service primarily for the benefit of pedestrian traffic. A canopy is defined as being a structure, not including a carport, either attached to or detached from any existing structure, having no side walls, consisting of a roof with support columns or posts and being constructed of noncombustible materials to be used solely for the purpose of providing shade and/or for the purpose of providing protection for gasoline and fuel dispensing equipment. For the sake of this chapter, this definition shall also include canopies used for the purpose of shade and/or protection over a public right-of-way, and further defined as a structure projecting from, extending beyond, and supported by a building.

Effective on: 8/9/2022

Sign, Canopy or Awning means a sign that is located or printed on a canopy or awning.

Effective on: 8/9/2022

Sign, Changeable Copy means a sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means. Changeable signs include the following types:

1. A.
   Manually activated: Signs that have alphabetic, pictographic, or symbolic informational content can be changed or altered by manual means.
2. B.
   Electrically activated: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. Includes the following two types:
3. C.
   Fixed message electronic signs: Signs whose basic informational content has been pre-programmed to include only certain types of information projection, such as time, temperature, predictable traffic conditions, or other events subject to prior programming.
4. D.
   Computer controlled variable message electronic or video displays: Signs whose informational content can be changed or altered by means of computer- driven electronic impulses.

Effective on: 8/9/2022

Sign, Directional means a sign that contains only information designed to direct pedestrian or vehicular traffic to the location of a facility on the property on which such sign is located. Such signs may include but are not limited to arrows, words or logos. No goods or services may be listed on a directional sign.

Effective on: 8/9/2022

Sign, Directory. means a directory sign lists the tenants in the building and may list the name of the building, but displays no goods or services for sale or other advertising.

Effective on: 8/9/2022

Sign, Free Standing means a sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be firmly in or below the ground surface and not attached to any building or other structure, whether portable or stationary.

Effective on: 8/9/2022

Sign, Human means a sign held by or attached to a human being. A human sign includes a person dressed in costume for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product. A human sign is prohibited within public right-of-way and shall be on located where the sale or promotion is taking place.

Effective on: 8/9/2022

Sign, Identification means a sign giving the name and address of a building, business, development, or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.

Effective on: 8/9/2022

Sign, Illuminated means a sign designed to give forth artificial light or designed to reflect light derived from any source.

Effective on: 8/9/2022

Sign, Incidental means a sign intended for informational purposes as opposed to commercial or advertising purposes. Typically smaller in size, examples of incidental signs include parking signs, restroom signs and entrance and exit signs loading only, telephone, address or signs indicating hours of operation.

Effective on: 8/9/2022

Sign, Marquee means a sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it, and announcement of persons, events, or activities occurring at the institution. Such sign may also present a greeting or similar message. In addition, a marquee sign means any sign attached to and made a part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

Effective on: 8/9/2022

Sign, Master Plan means multiple properties as shown on a site plan, concept plan or on a subdivision plat shall require a master sign plan.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Sign, Mobile Advertisement means an operable or inoperable vehicle and/or trailer with illuminated or non-illuminated panels, other devices or appendages, used to advertise, promote or draw attention to individual businesses, commodity, service, activity, event, product or events, other than those of the vehicles owner or other similar purpose.

Effective on: 8/9/2022

Sign, Monument means a sign free standing sign which is separate from buildings and the entire bottom of which is in contact with or in close proximity to the ground.

Effective on: 8/9/2022

Sign, Nonconforming. See Nonconforming Sign.

Effective on: 8/9/2022

Sign, Off-Premise (Billboard) means a sign displaying advertising copy that pertains to 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: 8/9/2022

Sign, On-premise means a sign which advertises a business, product, service, or activity offered, sold, or conducted on the premises on which the sign is located.

Effective on: 8/9/2022

Sign, Pole. means a free standing sign is a sign that is supported by a pole or poles, said pole or poles being separate from buildings.

Effective on: 8/9/2022

Sign, Portable means a free-standing sign designed and constructed to be easily moved from one location to another, that is not attached to a permanent foundation, includes lighted arrow or black A-frame signs with neon letters. A portable sign includes, but is not limited to, any sign mounted or attached to a pick-up truck, van, or any other motor vehicle or trailer used for advertising or promotional purposes. This definition does not include identification lettering on motor vehicles containing the name of the person, business, address, telephone, business activity, occupancy or other similar information or political signs.

Effective on: 8/9/2022

Sign, Projecting. means a sign other than a flat wall sign which is attached to and projects from a building wall or other structure not designed primarily to support the sign.

Effective on: 8/9/2022

Sign, Roof. means a sign attached to the roof of the building.

Effective on: 8/9/2022

Sign, Structure means any devise or material that supports, has supported, or is capable of supporting a sign in a stationary position, including decorative covers or sign roofs.

Effective on: 8/9/2022

Sign, Temporary means a sign or advertising display constructed of cloth, canvas, fabric, paper, plywood, or other light material. It shall be displayed for only a short period of time.

Effective on: 8/9/2022

Sign, Trailer any sign mounted on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes.

Effective on: 8/9/2022

Sign, Wall means a sign shall be affixed to the wall or painted on the wall of any building in such a manner as to read parallel to the wall on which it is mounted, however said wall sign shall not project above the top of the wall or beyond the end of the building.

Effective on: 8/9/2022

Sign, Window means a 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 twelve (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 twenty-five (25) percent of each window area, is not illuminated, or within 3 feet of a public door.

Effective on: 8/9/2022

Single-Family Attached means attached dwelling units including twin, duplex, atrium, weak-link, and all townhouse types. This use may also have minimum open space standards.

Effective on: 8/9/2022

Single-Family Detached means single-family residential uses that include, as part of the subdivision design, common open space that meets the standards in this code.

Effective on: 8/9/2022

Single Small Family means a type of affordable dwelling having only one bedroom that is controlled by Sec. 3.102, Standards for Rural and Residential Development.

Effective on: 8/9/2022

Site Plan means a plan or drawing showing the location of buildings, parking, or other elements that is used for the issuing of approvals other than subdivision plans or land developments. Site plans cover a single land use issue. The drawings shall show sufficient detail to enable the Administrator to determine whether the standard requiring a site plan has been met.

Effective on: 8/9/2022

Slope means the change in the vertical measurement divided by the change in the horizontal measurement. The figure is written as a ratio or a percentage.

Figure S-2 Slope

Effective on: 8/9/2022

Small Cell Facility means a wireless service facility located in a public right-of-way that satisfies the following requirements:

• Each antenna, including exposed elements, has a volume of three cubic feet or less;

• All antennas, including exposed elements, have a total volume of six cubic feet or less; and

• The primary equipment enclosure located with the facility has a volume of 17 cubic feet or less. 

Effective on: 8/9/2022

Space means a plot of ground within a manufactured home community park or subdivision designed for the accommodation of one manufactured home together with such open space as required by this chapter. This term also shall include the terms "lot," "stand," and "site."

Effective on: 8/9/2022

Special Flood Hazard Area. See Area of Special Flood Hazard.

Effective on: 8/9/2022

Stabilization.means the prevention of soil erosion by surface runoff or wind through the establishment of vegetative or structural soil coverage measures. Examples include, but are not limited to, straw mulch with temporary or permanent vegetation, wood chips, and stone or gravel groundcover.

Effective on: 8/9/2022

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. Pe1manent 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 fo1ms; 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: 8/9/2022

Stealth Tower means a tower that is screened, disguised, concealed or otherwise camouflaged as a natural structure, structure or part of a structure such that the tower is indistinguishable from other natural structures, structures, or structure that it is attached to or within.

Effective on: 8/9/2022

Stoop means a structure that is located approximately at the level of the first floor of the structure and intended to provide access to a residential unit.

Effective on: 8/9/2022

Stormwater Management means the mitigation of the hydrologic impacts of lost natural runoff storage by the use of constructed storage facilities.

1. A.
   For water quantity control, a system of vegetative, structural, and other measures that may control the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and
2. B.
   For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.

Effective on: 8/9/2022

Story, First means the ground floor story of a building, provided its floor level is not more than four feet below the mean lot level adjacent to the foundation.

Effective on: 8/9/2022

Story, Half means a story under a sloping roof at the top of the building, the floor of which is not more than two feet below the wall plate.

Effective on: 8/9/2022

Street means a strip of land, comprising the entire area within the right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. However, the establishment of a common driveway for access purposes for no more than three separate parcels contiguous to one another shall not be considered a street as this term is defined.

Effective on: 8/9/2022

Street, Arterial means a street that serves, or is designed to serve, as a connection between uses which generate heavy traffic volumes or between other arterial streets.

Effective on: 8/9/2022

Street, Boulevard means a street that is divided by a landscaped median which is continuous or exists at the development's entrance.

Effective on: 8/9/2022

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

Effective on: 8/9/2022

Street, Cul-de-sac means a short, independent, minor street having only one point of ingress and egress, terminating in a circular turn-around or other approved termination.

Effective on: 8/9/2022

Street Frontage means the linear measurement of a parcel along a street line, private road, or right-of-way to which the parcel abuts.

Effective on: 8/9/2022

Street, Half (Partial) means a street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.

Effective on: 8/9/2022

Street Line means a property line of a lot which coincides with a line indicating the limits of an existing or proposed right-of-way.

Effective on: 8/9/2022

Street, Local means a street that serves or is designed to serve primarily as access to abutting properties.

Effective on: 8/9/2022

Street, Marginal Access means a local street, parallel and adjacent to an arterial street, but separated from it by a long strip, that provides access to abutting properties and control of intersections with the major street.

Effective on: 8/9/2022

Street, Private means any street right-of-way not dedicated to public use.

Effective on: 8/9/2022

Street, Public means a street right-of-way dedicated to public use or maintained by a federal, state, or local unit of government.

Effective on: 8/9/2022

Street, Residential Collector means a street intended to gather traffic from local residential access streets and convey it to higher level streets. Note: This street does not serve individual residential lots. Located in residential areas or developments, this street type collects and moves the traffic from local residential access streets whose total dwelling unit count exceeds 240.

Effective on: 8/9/2022

Street Right-of-Way. See Street and Right-of-Way.

Effective on: 8/9/2022

Street, Service means a private way permanently reserved as a secondary means of access to abutting property.

Effective on: 8/9/2022

Streetscape means the urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks for pedestrians), and the amenities of the public frontages (street trees and plantings, benches, streetlights, bike facilities, and other furnishings). It is impacted by the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.).

Effective on: 8/9/2022

Structural Alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders and floor joists, ceiling joists, roof rafters, or stairways.

Effective on: 8/9/2022

Structure means a man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. In addition, it also 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: 8/9/2022

Structure, Permanent means a structure placed on or in the ground or attached to another structure in a fixed position.

Effective on: 8/9/2022

Structure, Temporary means a structure that is designed to be repeatedly erected or inflated (tents and inflatable structures) or buildings that are picked up and moved.

Effective on: 8/9/2022

Subdivision means the division or redivision of a lot, tract, or parcel of land, by any means, including by means of a plan or a description by metes and bounds, into two or more lots, tracts, parcels, or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership, or of building development.

Effective on: 8/9/2022

Substantial Construction means: 

1. A.
   Subdivisions. Payment of surety, the clearing and grading of the site, installation of roads and utilities, and placing of initial foundations.
2. B.
   Land Developments. Installation of parking, circulation, stormwater facilities, and foundations.

Effective on: 8/9/2022

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: 8/9/2022

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 that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include:

1. A.
   Any project or improvement of a structure to correct existing violations of state or local health, sanitary, or safety specifications which have been identified by the City and which are the minimum necessary to ensure safe living conditions; or 
2. B.
   Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Effective on: 8/9/2022

Surety means a form of financial guarantee that requires improvements will be made by providing the City with the resources to install the improvements should the developer fail to do so. These include bonds, cash, letters of credit, or other financial instruments approved by the City Attorney.

Effective on: 8/9/2022

Surface Water means natural or artificial bodies of water greater than one acre in extent at the normal annual water level, as depicted on U.S.G.S. topographic quadrangles and/or as determined by on-site surveys by a registered surveyor, landscape architect, or engineer. Excluded from this definition are retention basins or other stormwater management facilities, farm ponds, or other facilities associated with agricultural operations, sewage lagoons, and other facilities for which normal maintenance and repair is necessary.

Effective on: 8/9/2022

Surveyor means a land surveyor registered by and licensed to practice in the State of Texas.

Effective on: 8/9/2022

Swale means a linear depression in the land's surface in which sheet runoff would collect and form a temporary watercourse. The area of a swale is determined by the following: Where the swale serves a drainage area of less than 20 acres, land on either side of and within 30 feet of the centerline is the swale area. Where the swale drains an area of 20 to 160 acres, it is the area 50 feet on either side of the centerline of the swale. For drainage areas in excess of 160 acres, the area is 80 feet on either side of the centerline of the swale.

Figure S-3 Swale

Effective on: 8/9/2022

Temporary Miscellaneous Sales means the sale of various goods by persons who are not employed by the owners or managers of the parcel on which the sale occurs. This is not an accessory use to the principal use.

Effective on: 8/9/2022

Topography means the characteristics of a parcel of land with respect to elevation.

Effective on: 8/9/2022

Towers.. See Guyed Tower, Lattice Tower and Monopole Tower. Towers include, but are not limited to, these.

Effective on: 8/9/2022

Townhouse means a single-family attached dwelling unit, with a single unit going from ground to roof and with individual outside access.

Effective on: 8/9/2022

Townhouse, Weak-Link means s single-family attached dwelling unit, with a single unit from ground to roof and with individual outside access. Each unit shall have both a one- and two-story section.

Effective on: 8/9/2022

Travel Trailer. See Recreational Vehicle.

Effective on: 8/9/2022

Tree, Large means a tree whose leaves would occupy the upper level of a forest in a natural ecological situation. These trees are also called shade trees or canopy trees, and typically reach heights of 50 to 100 feet at maturity.

Effective on: 8/9/2022

Tree, Small means a tree whose leaves would occupy the intermediate level of a forest in a natural ecological situation. They are also found as dominant species in old field succession. These trees are also called understory or ornamental trees.

Effective on: 8/9/2022

Twin House means a single-family dwelling that is attached by one common wall to one other dwelling unit.

Effective on: 8/9/2022

Urban Garden means a place where plants for food, ornamentation, or other purposes are grown in an urban environment for personal use, consumption, or limited sale, and may provide agricultural education activities. Agricultural education activities include volunteer programs, farm tours, youth programs, and farming classes.

Effective on: 8/9/2022

Utilities, Community means a utility that is served by or involves rights-of-way or easements greater than 20 feet. Generation or storage of combustibles is not permitted.

Effective on: 8/9/2022

Utilities, Neighborhood means utilities serving the local area. Utility substations or transmission and local distribution facilities, including electric, gas, telephone, sewer, water, and stormwater. Whether a substation or transmission facility, the transmission lines shall either be in road rights-of-way, adjacent to the rights-of-way, or in easements or separate rights-of-way 20 feet or less in width. Generation or storage of combustibles is not permitted.

Effective on: 8/9/2022

Utilities, Region means the generation, storage of combustibles, and regional facilities, such as regional switching stations, pump storage, and other facilities not housed inside normal buildings.

Effective on: 8/9/2022

Variance means relief from certain standards of this Code.

Effective on: 8/9/2022

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: 8/9/2022

Vehicular Sales, Rental, and Service means a dealership or any other premises on which three or more new or used cars, trailers, trucks, boats, motorcycles, recreational vehicles, or other vehicles are offered for sale, rental, or lease during any calendar year. These facilities may also offer automotive repairs including, but not limited to, changing motor oil and oil filters; replacement of spark plugs and distributor points; changing or repairing tires; replacement of brake shoes, shock absorbers and exhaust systems; carburetor repair; and other similar adjustment, repair and replacement necessary for general automotive maintenance, and which do not involve the removal or replacement of major component parts or bodywork. 

Effective on: 8/9/2022

Village House means a single-family residence that is detached from neighboring structures. A village house has very small front yards with special landscape requirements. .

Effective on: 8/9/2022

Violation means a violation is an instance of noncompliance with this Code. In addition, it also means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. 

Effective on: 8/9/2022

Warehousing means a building used for the storage of goods, merchandise, and/or commodities which may be for later use or resale and are typically used by importers, exporter, wholesalers, retailers, transport businesses, and other similar entities. This category includes all warehousing except mini- or self-storage warehouses or that is not incidental to a manufacturing facility and occupying less than 25 percent of the total floor area.

Effective on: 8/9/2022

Waste Facilities means a facility or group of facilities used to handle waste for trans-shipment to a disposal facility. It includes trash compaction and transfer stations. 

Effective on: 8/9/2022

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 manufactured home community park or subdivision.

Effective on: 8/9/2022

Water Quality means those characteristics of stormwater runoff, usually from a land disturbing activity, that relate to the chemical, physical, biological, or radiological integrity of water.

Effective on: 8/9/2022

Water Riser Pipe means that portion of the private water service system serving a manufactured home which extends vertically to the ground elevation and terminates at a designated point at a manufactured home community lot.

Effective on: 8/9/2022

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: 8/9/2022

Water Body.means a watercourse or lake defined by a bank or shore in which water can be found.

Effective on: 8/9/2022

Watercourse means a stream channel (perennial, intermittent, mapped, or unmapped) with banks and a bed within which concentrated water flows.

Effective on: 8/9/2022

Watershed means the total or partial drainage area contributing stormwater runoff to a single point.

Effective on: 8/9/2022

Water Table means the level below the surface at which the ground is saturated by water.

Effective on: 8/9/2022

Weekend Sale means an event for an offering of the sale of various goods that are owned by a retail business occupying the principal building, with a limited display area and staffed by one person at any time.

Effective on: 8/9/2022

Wetland means those areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions; or areas that are defined and delineated in accordance with the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" dated January 10, 1989, and as may be amended from time to time; or as further defined and delineated by the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, or the Texas Commission on Environmental Quality.

Effective on: 8/9/2022

Wireless Telecommunication Facilities Permit a permit for a structure designed and constructed to support one or more antennas used by commercial wireless telecommunication or broadcasting facilities and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), or either lattice or monopole construction. This definition includes a satellite dish and a microwave transmitting tower.

Effective on: 8/9/2022

Woodland means an area covered by a canopy of woody plants (trees) that qualifies as mature and/or young. It may also be a forest, wood lot, grove, or stand of trees meeting the specifications of the forest type.

Effective on: 8/9/2022

Yard.means an unoccupied space open to the sky on the same lot with a building or structure.

Effective on: 8/9/2022

Yard, Rear a yard extending the full width of the lot between the rear lot line and the parts of the principal building erected thereon. For a corner lot, the rear yard shall not extend beyond the building setback line on the side street.

Effective on: 8/9/2022

Yard, Side means a yard between the parts of the principal building and the adjacent side line of the lot and extending from the front yard to the rear yard.

Effective on: 8/9/2022

Yard, Street means a yard extending the full width of the lot between the street line and the parts of the principal building erected thereon, setting back from and nearest such street line.

Effective on: 8/9/2022

Zero Lot Line. See Lot-Line House.

Effective on: 8/9/2022

Zoning District means a designation shown on the Zoning Map as being in a district enumerated in Division 2.100, Zoning Districts, in which a specific set of zoning standards apply. The term may refer to the standards or an area so mapped. The term is also analogous with "zoning classification" or "zoning designation."

Effective on: 8/9/2022