For the purpose of this ordinance, certain numbers, abbreviations, terms and words used herein shall be used, interpreted, and defined as set forth in this Section. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations"; and the word "regulations" means "these regulations."

A.

"Person" includes a corporation, a partnership, and an incorporated association of persons such as a club. "Shall" and "will" are always mandatory. The term "building" includes a "structure"; a "building" or "structure" includes any part thereof; and "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."

B.

Words not herein defined but defined in any chapter of the City of Fredericksburg Codes shall conform to the definitions used in said code.

ABUTTING

Having lot lines or district boundaries in common.

ACCESS

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

ACCESSORY STRUCTURE/USES

A structure which is on the same lot as a principal structure, and the use of which is incidental to the use of the principal structure Accessory structures include, but are not limited to. detached garage, storage shed, guest house, and other similar structures.

ADDITION

Any construction which increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area.

ADMINISTRATIVE AND BUSINESS OFFICES

Offices or private firms or organizations which are primarily used for the provisions of executive, management or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction and business offices of public utilities, organization and associations, or other use classifications when the service rendered is that customarily associated with administrative office services.

ADMINISTRATIVE SERVICES

Offices, administrative, clerical or public contract services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county and city offices.

AGENT OF OWNER

Any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.

AGRICULTURAL SALES AND SERVICES

Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provisions or agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include hay, feed and grain stores and tree service firms.

ALTERATION

Any construction of physical change in the internal arrangements of rooms or the supporting members of a building or structure, or change in relative position of buildings or structures on a site, or substantial change in appearance of any building or structure.

APARTMENT

A building or group of buildings which contain multiple dwelling units for rent to multiple families or individuals. These facilities are prohibited from receiving STR permits.

ARTS AND CRAFTS

Goods which are custom produced in small quantities, often one of a kind. The use may include the sale or production of same or may be a place where a small number of persons are engaged in arts and crafts activities in a class or studio; provided that the area encompassing arts and crafts use shall not exceed 2,500 square feet. Examples include galleries, arts and crafts studios, custom tailoring and dressmaking shops, retail art supplies and hobby materials, florist shops, photographic studios, picture framing shops and arts and crafts schools.

ATTACHED

Having one or more walls in common with a principal building, or joined to a principal building by a covered porch, loggia or passageway, the roof of which is a part or extension of the principal building.

AUTOMOTIVE RENTALS

Rental of automobiles, non-commercial trucks, trailers and recreational vehicles, including incidental parking and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies, trailer rental agencies and taxicab parking and dispatching.

AUTOMOTIVE REPAIR SERVICES

Repair of automobiles non-commercial trucks, motorcycles, motor homes, recreational vehicles or boats, including the sale, installation and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities (but specifically excluding dismantling or salvaging of vehicles).

AUTOMOTIVE SALES

Sale or rental of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships, motorcycle dealerships, boat, trailer and recreational vehicle dealerships.

AUTOMOTIVE WASHING

Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.

AVIATION FACILITIES

Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales and rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

BASE DISTRICT

A district established by this ordinance to prescribe basic regulations governing land use and site development.

BASIC INDUSTRY

A use engaged in the basic processing and manufacturing or materials of products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. Poultry processing shall be included.

BEGINNING OF CONSTRUCTION

The incorporation of labor and material within the foundation of a building or structure.

BUILDING

A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons and/or property. The word "building" includes the word "structure".

BUILDING PAD

A portion of a sloping site graded relatively flat, or to a minimum slope, for the purpose of accommodating a building and related outdoor space.

BUFFER ZONE

A strip of land, identified on a site plan or by the Zoning Ordinance, established to protect one type of land use from another land use which is incompatible. Buffer zones may be zoned or shown on a site plan. Normally, a buffer zone is landscaped and kept in open space uses.

BUILDING MAINTENANCE SERVICES

Establishments primarily engaged in the provisions of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

BUSINESS SCHOOL

A use providing education or training in business, commerce, real estate, language or other similar activity or occupational pursuit, not otherwise defined as a home occupation, college or university or public or private educational facility.

BUSINESS OR TRADE SCHOOL

A use providing education or training in business, commerce, language or other similar activity or occupational pursuit, not otherwise defined as a home occupation, college or university or public or private educational facility.

BUSINESS SUPPORT SERVICES

Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, hotel equipment and supply firms.

CAMPGROUND

Campground facilities providing camping and/or parking areas and incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks.

CARPORT

A roofed space, open on three sides, one story in height, covered with a flat or hipped roof and ordinarily used as a shelter under which vehicles are driven or temporarily parked.

CEMETERY

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbiums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

CHANGE OF USE

The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change in ownership, tenancy, name, management or change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged.

CHURCH

Any structure used principally as a place wherein persons regularly assemble for religious worship, including sanctuaries, chapels and cathedrals and onsite buildings adjacent thereto, such as parsonages, friaries, convents, fellowship halls, Sunday Schools and rectories, but not including day care centers, community recreation facilities, private primary and secondary educational facilities and parking facilities.

CITY COUNCIL

The governing or legislative authority of the City of Fredericksburg.

CLUB OR LODGE

A use providing meeting, recreational or social facilities for a private or non-profit association, primarily for use by members and guests. Typical uses include private social clubs and fraternal organizations.

CLUSTER HOUSING

Detached multi-family residential structures, situated on the site by a development design technique that concentrates buildings in specific areas.

COCKTAIL LOUNGE

Establishments or places of business engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges and similar uses other than restaurant as that term is defined herein.

COLLEGE AND UNIVERSITY FACILITIES

Educational institutions of higher learning which offer a course of study designed to culminate in the issuance of a degree as defined by the Education Code of the State of Texas.

COMMERCIAL OFF-STREET PARKING

Parking of motor vehicles on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use. Typical uses include commercial parking lots or commercial parking garages.

COMMON AREA

An area held, designed and designated for the common use of the owners or occupants or a townhouse project, PUD, apartment, condominium, manufactured home park or subdivision.

COMMUNICATIONS SERVICES

Establishments primarily engaged in the provisions of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excluding those classified as Major Utility Facilities. Typical uses include television studios, telecommunications service centers, telegraphic service offices, film recording, sound recording or cable television operations.

COMMUNITY RECREATION

A recreational facility for use by residents and guests of a particular residential development, planned unit development, church, private primary educational facility, private secondary educational facility, club or lodge or limited residential neighborhood, including both indoor and outdoor facilities.

COMPREHENSIVE PLAN

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

CONDOMINIUM RESIDENTIAL

The use of a site for four or more dwelling units intended for separate ownership, together with common area serving all dwelling units.

CONSTRUCTION SALES AND SERVICES

Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but excluding retail sale of paint, fixture and hardware and those classified as one of the Automotive and Equipment Service use types. Typical uses include building materials stores, tool and equipment rental or sales, building, plumbing, electrical or mechanical contractors.

CONSUMER CONVENIENCE SERVICES

Establishments which provide services, primarily to individuals, of a convenient and limited nature, often in access-controlled facilities which make 24-hour operation possible. Typical uses include the renting of private postal and safety deposit boxes to individuals and automated baking machines.

CONSUMER REPAIR SERVICES

Establishments primarily engaged in the provisions of repair services to individuals and households rather than firms, but excluding Automotive and Equipment Service use types. Typical uses include appliance repair shops, watch or jewelry repair shops or musical instrument repair shops.

CONVALESCENT SERVICES

A use providing bed care and in-patient services for persons requiring regular medical attention, such as nursing homes, but excluding facilities providing surgical or emergency medical services, facilities providing care for alcoholism, drug addiction, mental disease or communicable disease.

CONVENIENCE STORAGE

Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding uses such as workshops, hobby shops, manufacturing or commercial activity. Typical uses include mini-warehousing and mini-storage units.

CONVENIENCE STORE/SELF SERVICE GASOLINE

An establishment engaged in the sale of food, beer, wine, household products, and self service gasoline retail sales limited to three multiple dispensers or pump units within one service island, with one canopy cover.

CO-OWNERSHIP/FRACTIONAL OWNERSHIP, RESIDENTIAL

Properties where the ownership of a property is split among a group of owners, each owner holding a fractional ownership interest in the property that allows for shared personal use of the property, and when the property is rented out for a profit by a fractional owner, it serves as a form of investment property.

CORPORATE HOUSING

Housing of a transient nature, provided by a business, corporation, or similar other entities, to employees, affiliates associated with the business, or other guests. Housing may be provided by the business for team building, corporate events, employee awards or as part of a benefits package, and may not result in payment by occupants for the duration of the stay. Limited to one dwelling unit per lot.

CULTURAL SERVICES

A library, museum or similar registered non-profit organizational use displaying, preserving and/or exhibiting objects of community and cultural interest.

CUSTOM MANUFACTURING

Establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle-making shops or custom jewelry manufacturing.

DAY CARE SERVICES

A facility designed or adapted for the care of children or adults that require a license for group day care homes from the Texas Department of Protective and Regulatory Services. This term includes nursery schools, pre-schools, day care centers for children or adults and similar uses, but excluding public and private primary and secondary educational facilities.

DENSITY

The average number of housing units per unit of land expressed as square feet of land area per housing unit or dwelling units per acre.

DETACHED

Fully separated from any other building or joined to another building by structural members not constituting an enclosed or covered space.

DETENTION FACILITIES

A publicly operated use providing housing and care for individuals legally confined.

DIRECTOR OF PLANNING AND BUILDING

The designated officer responsible for enforcement of this Ordinance.

DISCONTINUANCE OF USE

To cease or discontinue a use or activity, excluding temporary or short-term interruptions to a use or activity during periods of restoring, remodeling, maintaining or otherwise improving a facility, or normal, seasonal cessation of a use, or other temporary cessation resulting from a change of use.

DRIP LINE

A vertical line extending from the outermost branches of a tree to the ground.

DRIVE-IN SERVICE

A feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in windows and drive through services such as mechanical automobile washing.

DRIVE THROUGH FACILITIES

Facilities provided by an establishment or place of business for the purpose of allowing a customer or patron to transact business, whether it be pick-up, drop-off, ordering or service, from a motor vehicle.

DRIVE WAY

A permanently surfaced (asphalt, gravel, "grass-crete" or similar surface) area providing vehicular access between a street and an off-street parking or loading area.

DUPLEX RESIDENTIAL

The use of a site for two dwelling units, within a single building, other than a manufactured home.

DWELLING UNIT

A residential unit other than a manufactured home providing complete, independent living facility for one family, including permanent provisions for living, sleeping, eating and cooking.

Efficiency Dwelling Unit. A dwelling unit containing not more than 400 square feet of floor area and not having a separate bedroom or sleeping area independent of the principal living area.

EASEMENT

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

Maintenance Easement. An easement granted by the owner of a lot adjacent to a zero lot line development, exclusively for the purpose of allowing the occupant of a dwelling unit constructed on or within five feet of the lot line access to the adjoining property in order to maintain that portion of his dwelling situated on or adjacent to the common side lot line.

Use Easement. An easement granted by the owner of one lot to the owner of another lot in a zero lot line development, exclusively for the purpose of allowing the occupant of the dwelling unit having the dominant side yard of a common side lot line, the use, enjoyment, and privacy of such easement.

ENCLOSED

A roof or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than 100 square feet fully surrounded by a building or walls exceeding eight-feet in height.

EQUIPMENT REPAIR SERVICES

Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, trucking yard terminals, tractor and farm implement repair services, and machine shops (but specifically excluding dismantling or salvaging of vehicles.

EQUIPMENT SALES

Sale or rental of trucks, tractors, construction equipment, agricultural implements, manufactured homes, and similar heavy equipment, including incidental storage, maintenance and servicing. Typical uses include truck dealerships, construction equipment dealerships, manufactured home dealerships and sales (but specifically excluding dismantling or salvage of vehicles).

EXTERMINATING SERVICES

Services related to the eradication and control of rodents, insects and other pests, with incidental storage on lots other than where the service is rendered.

FACILITIES AND SERVICE LINES

Electric, water, drainage facilities, sewer, gas, telephone, cable, and electric lines, meters and anchor equipment required to provide utility service.

FAMILY

Any number of individuals living together as a single housekeeping unit in which not more than two individuals are unrelated by blood, legal adoption or marriage.

FINANCIAL SERVICES

Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, loan and lending activities and similar services.

FOOD SALES

Establishments or places of business primarily engaged in the retail sale of food (with incidental sale of beer and wine) for home consumption or household products. Typical uses include groceries, delicatessens, meat markets, retail bakeries, candy shops and ice cream parlors. Restaurants are specifically excluded from this definition.

FUNERAL SERVICES

Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

GENERAL RETAIL SALES

Sale or rental of commonly used goods and merchandise for personal or household use, but excluding those classified more specifically in Section 4.500. Typical uses include department stores, apparel stores, furniture stores and establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics and specialty items; flowers, plants, hobby materials, toys and hand-crafted items; apparel, jewelry, fabrics, and like items; cameras and photography services; household electronic equipment; sporting equipment; kitchen utensils; home furnishing and appliances; art supplies, framing, arts and antiques; paint and wallpaper; carpeting and floor covering; interior decorating services; office supplies; bicycles and auto parts (inside a building with no repair services).

GROSS FLOOR AREA

The total enclosed area of all floors in a building, measured to the surface of the exterior walls, that has a clear height of more than six feet. Parking facilities for the principal use and driveways, elevator shafts and air space above the atria ground floor are excluded from gross floor area calculations. Enclosed loading berths and off-street maneuvering are also excluded, but not the dock area itself.

GRADE

The lowest horizontal elevation of the finished surface of the ground, paving or sidewalk or a point where height is to be measured. See Section 7.510.

GROUP RESIDENTIAL

The use of a site for residential occupancy of living accommodations by groups of more than six persons not defined as a family, on a weekly or longer basis. Typical uses include occupancy of fraternity or sorority houses, dormitories, residence halls or boarding houses or assisted living facilities.

GUEST

Any Occupants, who are 18 years of age or older, renting temporary transient lodging for a specified period of time, and any persons visiting the Occupants at the location of the temporary transient lodging.

GUEST HOUSE

An accessory building containing a lodging unit with or without kitchen facilities, and used to house occasional visitors or guests of the occupants of a dwelling unit on the same site. Where permitted, paying guests shall be subject to the provisions of Hotel Tax Ordinance. See Section 8.220.G.

GUIDANCE SERVICES

A use providing counseling, guidance, recuperative or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, on a day time care basis.

GUIDELINE

A statement of characteristics or design criteria considered desirable, but which are not required.

HEIGHT

The vertical distance from "grade" to the highest point of coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable on a pitched, or hipped roof, or if none of the preceding, then to the highest point of a structure. As applied to a building, the height shall be measured from an elevation derived from the average of the highest and lowest grade adjacent to the building. See Section 7.510.

HISTORIC DISTRICT

A geographically defined area which possesses significant concentration, linkage or continuity of buildings, structures, sites, areas or land, which in turn are united by architectural, historical, archaeological or cultural importance or significance and which the City Council determines shall be protected, enhanced and preserved.

HISTORIC LANDMARK

Any building, structure, site, district, area or land of architectural, cultural or significance, which the City Council determines shall be protected, enhanced or preserved, or is listed in the Historic Resource Survey of the City of Fredericksburg.

HOME OCCUPATION

An accessory occupational use conducted entirely within a dwelling unit by the inhabitants thereof, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site. See Section 8.300, Home Occupation. This definition does not include short-term rentals.

HORTICULTURE

The growing of horticulture and floriculture specialties such as flowers, shrubs or trees intended for ornamental or landscaping purposes, but excluding retail sales. Typical uses include wholesale plant nurseries and greenhouses.

HOSPITAL SERVICES (GENERAL)

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

HOSPITAL SERVICES (LIMITED)

A facility providing medical, psychiatric, or surgical services for sick or injured persons, exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to out-patients, employees or visitors.

HOTEL-MOTEL

Temporary, transient lodging services involving the provision of room and/or board containing more than eight rental units.

IMPERVIOUS COVER

Any type of surface that prevents the infiltration of water into the ground. Surfaces such as stone, rooftops, patios, driveways, sidewalks, roadways, parking lots, and decomposed or crushed granite gravel (when utilized for parking areas and paths from ADA parking spaces to the entrance of buildings or structures) shall be considered as impervious cover. Uncovered wooden decks shall be considered as 50 percent impervious cover. Impervious cover does not include sidewalks or paving in the public right-of-way, or water features such as ponds, fountains, pools, and water detention basins.

INDOOR ENTERTAINMENT

Predominately spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls.

INDOOR SPORTS AND RECREATION

Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video games and indoor racquetball courts or swimming pools.

INTERNAL STREET

A private way which affords the principal means of access to individual manufactured home spaces or auxiliary buildings in a manufactured home park, a private right-of-way or other non-public street within a Planned Unit Development (PUD) or other similar development.

KENNELS

Boarding and care services for dogs, cats and similar animals. Typical uses include boarding kennels, pet motels or dog training centers.

KIOSK

A small light structure with one or more open sides for general retail sales use only.

LAUNDRY SERVICES

Establishments primarily engaged in the provisions of laundering, dry cleaning or dyeing services other than those classified as Personal Services. Typical uses include bulk laundry and cleaning plants, diaper services or linen supply services.

LANDSCAPED AREA

An area devoted to or developed predominately with plant material, natural landscape or xeroscape features, including lawn, ground cover, gardens, trees, shrubs and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, water features and sculptural elements, provided that the use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of plant material.

Interior Landscaping. As applied to parking and loading facilities, or to similar paved areas, a landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, excluding driveways or walkways providing access to the facility.

Perimeter Landscaping. As applied to parking and loading facilities, or to similar paved areas, a landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area, excluding driveways or walkways providing access to the facility.

LIGHT MANUFACTURING

A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, including incidental storage, sales and distribution of such products, but excluding basic industrial processing. Typical uses include winery, sheet metal shop, welding shop and machine shop.

LIMITED RETAIL SALES

Sale of goods and merchandise which are typically bought in limited quantities and are of a personal nature. Uses within this category are characterized by limited traffic, noise, parking and hours of operation. Typical uses include an antique shop, bakery, book or stationary store, camera shop, candy, cigar & tobacco shop, florist, jewelry, optical goods, toys and hand crafted items.

LIQUOR SALES

Establishments or places of business engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sale of liquor, beer or wine for off-site consumption.

LOADING SPACE

An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.

LOCAL STREET

A street which is intended primarily to serve traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.

LOCAL UTILITY SERVICES

Services which are necessary to support principal development and involve only minor structures such as lines and poles which are necessary to support principal development.

LODGING UNIT

A room or group of rooms in a dwelling unit or a group residential use, for overnight occupancy on a transient or residential occupancy basis. Where designed or used for occupancy by more than two persons, each two person capacity shall be deemed a separate lodging unit.

LOT

A parcel of real property with a separate and distinct number or other designation shown on a plat, record of survey, parcel map or subdivision map recorded in the office of the County Clerk, or a parcel legally created or established pursuant to applicable zoning or subdivision regulations in effect prior to the effective date of application of this ordinance to such parcel.

Corner Lot. A lot located at the intersection or junction of two streets, or two segments of a curved street, forming an angle of not more than 135 degrees.

Interior Lot. A lot other than a corner lot.

Reverse Corner Lot. A corner lot having a side lot line which is substantially a continuation of the front lot line of a lot to its rear.

Through Lot. A lot other than a corner lot abutting more than one street.

LOT AREA

The net horizontal area within bounding lot lines, but excluding any portion of a flat (panhandle) lot providing access to a street and any public or private easement or right-of-way providing access to another lot.

LOT COVERAGE OR BUILDING COVERAGE

The area of lot covered by buildings or roofed areas, but excluding incidental projecting eaves, balconies and similar features, ground level paving, landscaping, and open recreational facilities. See Section 7.700.

LOT DEPTH

The horizontal distance between the mid-point of the front lot line and the mid-point of the rear lot line.

LOT LINE

A line or series of connected line segments bounding a lot as herein defined.

Common Side Lot Line. A side line between two or more lots.

Dominant Side Yard of a Small Lot. The side of a small or zero lot line parcel, having the larger width. The wall of a dwelling unit having the dominant side yard is permitted to have windows and door openings adjacent to the dominant side yard.

Front Lot Line. On an interior lot, the lot line abutting the street. On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line by subdivision or parcel map. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flat (panhandle) lot, the interior lot line designated as a front lot line by a subdivision or parcel map, or the line determined by the Director of Planning and Building to be the front lot line.

Interior Lot Line. A lot line not abutting a street.

Rear Lot Line. A lot line not defined as a front or side lot line. In the case of an irregular shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of ten feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks and other provisions of this ordinance.

Side Lot Line. A lot line intersecting the front lot line and extending there from a minimum distance of 75 feet.

Street or Exterior Lot Line. A lot line abutting the street.

Zero Lot Line. A common lot line on which a wall of a structure may be constructed.

LOT WIDTH

The horizontal distance between side lot lines, measured at the front setback line and at a distance of 50 feet to the rear thereof.

MAJOR UTILITY FACILITIES

Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants and similar facilities.

MAINTENANCE AND SERVICE FACILITIES

A facility supporting maintenance, repair, vehicular or equipment servicing, material storage and similar activities, including corporation yards, equipment service centers and similar uses having characteristics of commercial services or contracting or industrial activities.

MANUFACTURED HOME PARK

A unified development of 20 or more HUD-Code manufactured home spaces for rent or lease, including common areas and facilities for management, recreation, laundry and utility services, storage and similar services for the convenience of residents of the manufactured home park.

MANUFACTURED HOME RESIDENTIAL

A dwelling that is manufactured in one or more modules at a location other than the homesite and which is designed as a residence when the modules are transported to the homesite, and the modules are joined together and installed on a permanent foundation system or tied down in accordance with appropriate Code requirements. Manufactured residence construction shall be in accordance with the Texas Manufactured Housing Standards Act and shall include the plumbing, heating/air conditioning and electrical systems to be contained in the structure. The term manufactured home or residence shall not mean or apply to a mobile home as defined in the Texas Manufactured Housing Standards Act, nor is it to include building modules incorporating concrete or masonry as a primary component.

MANUFACTURED HOME SUBDIVISION

A subdivision designed and/or intended for the sale of lots for siting manufactured homes and in accordance with the requirements of the subdivision ordinance.

MANUFACTURED HOME SPACE

An area within a manufactured home park which is designed for and designated as the location for a manufactured home and the exclusive use of its occupants.

MANUFACTURED HOME STAND

That portion of a mobile home space upon which the manufactured home is placed.

MEDICAL OFFICES

A use providing consultation, diagnosis, therapeutic, preventive or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of Texas.

MILITARY INSTALLATIONS

Military facilities of the federal and state governments.

MULTIPLE FAMILY RESIDENTIAL

The use of a site for three or more dwelling units, within one or more buildings. These facilities are prohibited from obtaining STR permits.

NONCONFORMING STRUCTURE OR BUILDING

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

NONCONFORMING USE

A lawful use of any land, building or structure, other than a sign or PUD, which does not conform with currently applicable use regulations, but which complies with use regulations in effect at the time the use was established. See Section 6.100.

NON-COMPLYING

A building or structure, including off-street parking or loading areas, but excluding PUD's which do not comply with the current, applicable site development regulations for the district in which it is located, or with applicable General Regulations set forth in Section 5.100, but which complied with applicable regulations at the time of construction.

OCCUPANT

Any person, who is 18 years of age or older, renting temporary transient lodging for a specified period of occupancy.

OUTDOOR ENTERTAINMENT

Predominately spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, racing facilities and amusement parks.

OUTDOOR SPORTS AND RECREATION

Uses conducted in open, partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts and outdoor racquetball courts.

OWNER

The person or entity that holds legal or equitable title to a property.

PARK AND RECREATION SERVICES

Publicly owned and operated parks, playgrounds, recreation facilities and open spaces.

PARKING FACILITY

An area on a lot, within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this ordinance. The term "parking facility" shall include parking lots, parking garages and parking structures. See Section 7.800.

PARKING SPACE

An area on a lot, site or within a building not on a public street or alley and having an all-weather surface, enclosed or not, together with an all-weather surface driveway which may be an easement connecting the parking space with a street or alley permitting free ingress and egress, used or intended to be used for parking of a motor vehicle. The term "parking space" is equivalent to the term "parking stall" and does not include driveways, aisles or other features comprising a parking facility. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use. See Section 7.800.

PAWN SHOP SERVICES

A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

PERSONAL IMPROVEMENT SERVICES

Establishment, or places of business, primarily engaged in providing informational, instructional, personal improvement and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handcraft and hobby instructions.

PERSONAL SERVICES

Establishments or places of business primarily engaged in providing frequently or recurrently needed services of a personal nature. Typical uses include beauty salons, barber shops, seamstresses, tailors, shoe repair shops, dry cleaning pick-up station services, and coin operated laundries.

PET SERVICES

Retail sales, veterinary services, grooming and boarding when totally within a building, of dogs, cats, birds, fish and similar small animals customarily used as household pets. Typical uses include pet stores, small clinics, dog bathing and clipping salons and pet grooming shop but excluding uses for livestock and large animals.

PLANNED UNIT DEVELOPMENT (PUD)

A Planned Unit Development is a development which is under unified control and is planned, and developed, as a whole in a single development operation of programmed series or phases of development, each phase of which is specifically integrated into and made a part of the overall plan of development, and which shall include streets, lots, adequate utilities to serve the proposed uses and densities, and which indicates all structures and their relationship to each other and to adjacent uses and improvements, and which provides for common taxation, maintenance, and operation thereof. A Plan Unit Development shall consist of dwelling units, and may also include non-residential uses compatibly and harmoniously incorporated into the unitary design for the Planned Unit Development. A Planned Unit Development where more than five percent of the total area is utilized for non-residential purposes, such as commercial or industrial uses, is a non-residential PUD. See Section 3.700.

PLANNING AND ZONING COMMISSION

The Planning and Zoning Commission created and appointed by the City Council.

POSTAL FACILITIES

Postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service.

PRIVATE GARAGE

A building for the storage of motor vehicles where no repair facilities are maintained and where no motor vehicles are kept for hire or sale and where no filling station is maintained, having a capacity of not more than four automobiles or trucks of less than one ton capacity.

PRIVATE PRIMARY EDUCATIONAL FACILITIES

A private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas.

PROFESSIONAL OFFICE

A use providing professional or consulting services in the fields of law, architecture, design engineering, accounting and similar professions.

PUBLIC PRIMARY EDUCATIONAL FACILITIES

A public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas.

PUBLIC SECONDARY EDUCATIONAL FACILITIES

A public school offering instruction beyond the elementary school through the twelfth grade level in the branches of learning and study required to be taught in the public schools of the State of Texas.

PRIVATE SECONDARY EDUCATIONAL FACILITIES

A private or parochial school offering instruction beyond the elementary level through the twelfth grade in the branches of learning and study required to be taught in the public schools of the State of Texas.

PRIVATE PRIMARY EDUCATIONAL FACILITIES

A private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the State of Texas.

QUEUE LINE

An area for temporary parking and lining of motor vehicles while awaiting service or other activity.

RAILROAD FACILITIES

Railroad yards, equipment servicing facilities and terminal facilities.

RECREATIONAL VEHICLE

A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers.

REGISTERED FAMILY HOME

The care of children in the home as defined by the Texas Department of Protective and Regulatory Services.

RELIGIOUS ASSEMBLY

A use located in a permanent or temporary building and providing regular organized religious worship and religious education incidental thereto, but excluding private primary or private secondary educational facilities, community recreational facilities and parking facilities. A property tax exemption obtained pursuant to Property Tax Code of the State of Texas shall constitute prima facie evidence of religious assembly use.

RESOURCE EXTRACTION

A use involving the on-site extraction of surface or subsurface mineral products or natural resources. Typical uses include quarries, borrow pits, sand and gravel operations, oil and gas extraction and mining operations.

RESEARCH SERVICES

Establishments primarily engaged in research of an industrial or scientific nature but excluding product testing. Typical uses include electronics research laboratories, space research and development firms and pharmaceutical research.

RESTAURANT

A use engaged in the preparation and retail sale of food and beverages, including sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than 50 percent of the gross income. A general restaurant may include live entertainment with amplified sound. Typical uses include restaurants, coffee shops, dinner houses and similar establishments with or without incidental alcoholic beverage service.

RESTAURANT - DRIVE-IN/FAST FOOD

A chain and/or franchise restaurant which may include, but not limited to, two or more of the following characteristics:

The product is primarily intended for immediate consumption and is available upon short waiting time.

The product is prepared, packaged or presented in a manner that can be readily eaten outside the premises where it is sold.

The facilities for on-premises consumption of food are insufficient for the volume of food sold.

The building floor area devoted to food preparation and serving is greater than the building floor area devoted to dining.

The restaurant is affiliated by agreement with two or more similar restaurants by common ownership, common process and common building architecture.

RESTAURANTS - LIMITED

Restaurants which typically involve the custom preparation of food in limited quantities and of a personal nature. Restaurants within this category are characterized by limited traffic, noise and parking that is similar in nature to an office use of a similar size, limited hours of operation typically not later than 10:00 p.m., no drive-thru, and lighting which is shielded from and directed away from adjacent neighborhoods and is dimmed to a minimal level after hours. Said restaurants may include live entertainment with amplified sound as long as such activity is wholly enclosed within the main building and incidental alcohol beverage service. Lighted signs shall be turned off after business hours. No outdoor cooking shall be permitted.

REQUIREMENT

A specific condition or development regulation which must be followed.

RESIDENTIAL CONVENIENCE SERVICE

A use or activity of a commercial nature conducted as an accessory use to multiple family residential or manufactured home park residential use, and intended solely for the convenience of residents thereof.

RESIDENCE

A building occupied as the abiding place of one or more persons in which the use and management of sleeping quarters, and all appliances for cooling, ventilating, heating, or lighting are under one control, including but not limited to one-family and two-family dwellings, duplexes, townhouses, condominiums, apartment houses and boarding houses, and which shall be the principal building or use on any lot in R-1, R-2, R-3, R-4 or R-5 residence districts.

SAFETY SERVICES

Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

SCRAP AND SALVAGE SERVICES

Places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking yards, junkyards or salvage yards.

SCREENED

Shielded, concealed and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature which is, or will grow to, at least six feet in height.

SEPARATE LODGING UNIT

Short-term rental or hotel-motel lodging in a stand-alone structure with only one structure per lot.

SERVICE BUILDING

A structure within a manufactured home park housing toilet, lavatory or other facilities.

SERVICE STATION

Provision of fuel, lubricants, parts and accessories and incidental services to motor vehicles.

SETBACK LINE

A line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.

SHOPPING CENTER OR MALL

An integrated grouping of commercial activity, primarily of a retail and personal service nature, in a building complex having the individual establishments joined by a common pedestrian mall or walkway.

SHORT-TERM RENTAL or STR.

The rental for compensation of any residence or residential structure, or a portion of a residence or residential structure, for the purpose of transient or guest overnight lodging accommodations for a period of less than 30 consecutive days. Short-term rentals may include but are not limited to single-family residences, townhomes, duplexes, and other residential dwelling units, regardless of whether the dwelling was originally constructed or zoned as a residential dwelling. Short-term rentals shall not include hotels or motels. A short-term rental is further subject to the provisions of chapter 20, article VII of the city code.

SHORT-TERM RENTAL ACCESSORY or STR-ADU.

A short-term rental operating within a lawful accessory dwelling unit on the same lot as the primary structure, in which the primary structure is (a) the owner's homestead as evidenced by a current homestead exemption filed with the Gillespie Central Appraisal District or (b) the primary residence of the 24-hour contact, as evidenced by a sworn affidavit to be provided with the short-term rental permit application. The accessory dwelling unit shall comply with section 8.220 of the city zoning ordinance.

SHORT-TERM RENTAL B&B or STR-B&B.

A short-term rental that operates on a residential property in which the owner, operator, or 24-hour contact resides as their principal residence (as evidenced by a current residence homestead exemption filed with the Gillespie Central Appraisal District or a sworn affidavit). Separate short-term rental permits, with a maximum of four units, shall be required for each separate bedroom unit operating as a short-term rental within a short-term rental B&B.

SHORT-TERM RENTAL FACILITY or STR-FACILITY.

A facility or complex, owned or operated by a single owner or operator, containing multiple short-term rental units (up to eight units) on a single lot, for transient or guest lodging where sleeping accommodations are provided for compensation. Any facility or complex located in a commercial zoning district and containing multiple short-term rental dwelling units on a single lot shall be developed in accordance with the multi-family regulations of the base zoning district.

SHORT-TERM RENTAL UNOCCUPIED or STR-UNOCCUPIED.

A short-term rental within a lawful residential dwelling that is not an STR-ADU or STR- B&B.

SIDEWALK

A paved surface area, usually a parallel line, and separated from the roadway, used as a pedestrian-way.

SIGN

Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and used for location and advertising purposes.

SINGLE FAMILY RESIDENTIAL

The use of a site for only one dwelling unit, other than a manufactured home.

SINGLE FAMILY RESIDENTIAL (ATTACHED)

A single family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation. Included under this use category is townhouse and condominium.

SINGLE FAMILY (DETACHED)

The use of a site for only one dwelling unit, other than a manufactured home. This use also includes Short-term Rental, Accessory and Short-term Rental, B&B.

SITE

A tract or parcel of land, subdivided lot or lots, or parts thereof, or land acreage intended and suitable for development, which is a genuine part of the development; or the ground or area on which a building or buildings or a townhouse has been proposed to be built or has been built.

SITE AREA

The calculated area within the site.

Base Site Area. A calculated area defined as the Gross Site Area minus 25-year floodplain.

Gross Site Plan. An area defined as the total site area including easements, flood plains, waterways, ponds and any other area for preservation.

SITE PLAN

A plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses, and principal site development features including parking, access, landscaping and screening, proposed for a specific lot or parcel of land.

STREET

A public or private thoroughfare which affords a primary means of access to abutting property, including all land within the right-of-way thereof.

STRUCTURE

That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

STRUCTURAL ALTERATION

Any change in the supporting members of a building such as bearing walls, columns, girders or beams over eight-feet long.

STABLES

Boarding, breeding or raising of horses not owned by the occupants of the premises or riding of horses by other than the occupants of the premises or their non-paying guests. Typical uses include boarding stables or public stables.

STANDARD LOT

A lot or tract of record by deed or plat that does not comply with a minimum area, width or depth requirements currently applicable to the district in which it is located, but which complied with applicable requirements when it was placed on record.

STOCKYARDS

Stockyard services involving the temporary keeping of livestock for slaughter, market and shipping. Typical uses include stockyards and animal sales in auction yards.

TIMESHARE

Any property ownership arrangement whereby two or more owners share ownership or other interest in real property in time allotments of usage and have the right to use the property under a time-sharing agreement. Types of timeshares include, but are not limited to:

1.

Shared deeds. Ownership divided into smaller parts that reflect how much time each owner can use said property.

2.

Shared leases. Similar to "shared deeds" except there is no ownership of the property and access to the property is granted via lease agreements.

TOWNHOUSE GROUP

Two or more contiguous townhouses having common or abutting walls.

TOWNHOUSE LOT

That portion of the total development site or a townhouse residential use intended for separate ownership as the location of a single townhouse and associated private yard area.

TOWNHOUSE RESIDENTIAL

The use of a site for two or more townhouse dwelling units, constructed with common or abutting walls and each located on a separate ground parcel within the total development site, together with common area serving all dwelling units.

TRANSPORTATION TERMINAL

A facility for loading, unloading and interchange of passengers, baggage and incidental freight or package express between modes of transportation, including bus terminals, railroad stations, airport terminals and public transit facilities.

TRAVEL TRAILER

Any structure or vehicle used as sleeping or living quarters which may be driven or propelled from one location to another without change in the structure, vehicle, or design thereof, whether or not the same is intended to include recreational and vacation vehicles and trailers and not used for year-round living, such as travel trailers, pickup coaches mounted on a truck chassis, motor homes, or camping trailers.

USE

The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

Accessory Use. A use or activity which is incidental to and customarily associated with a specific principal use on the same site, including parking for the principal use.

Principal Use. A use listed by the regulations for any particular district as a permitted use within that zone and permitted, therein, as a matter of right when conducted in accordance with the regulations established by this ordinance.

Conditional Use. A use listed by the regulations for any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis subject to a Conditional Use Permit, and to all other regulations established by this ordinance.

VALUE AND VALUATION

The value of a structure shall be the estimated cost to replace the structure in kind, based on current replacement costs.

VEHICLE STORAGE

Long term storage of operating or non-operating vehicles. Typical uses include storage of private parking tow-aways or impound yard (but specifically excluding dismantling or salvaging of vehicles).

VETERINARY SERVICES

Veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals and veterinary hospitals for livestock and large animals.

WAREHOUSING AND DISTRIBUTION

Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution use types:

Limited Warehousing and Distribution. Wholesaling, storage, warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.

General Warehousing and Distribution. Open-air storage, distribution and handling of materials and equipment. Typical uses include monument and stone yards, grain elevators, open storage yards and petroleum products storage and distribution.

YARD

A required open space on a lot adjoining a lot line, containing landscaping, parking and such uses as may be permitted by this ordinance.

Front Yard. A required yard extending the full width of a lot between the front lot line and the front setback line.

Interior Yard. Any required yard, not adjacent to a street, which is determined on the basis of an interior lot line.

Rear Yard. A required yard extending the full width of a lot between the rear lot line and the rear setback line, but excluding an area located within the street side yard of a corner lot.

Side Yard. A required yard extending the depth of a lot from the front yard so the rear yard between the side lot line and the side setback line. In the case of a corner lot, the street side yard shall extend from the front yard to the rear lot line.

Street Yard. A required yard adjacent to a street and which is determined on the basis of the yard lot line and front yard set back line.

(Ord. No. 23-014, 9-16-2013; Ord. No. 2022-13, 1(Exh. A), 3-21-2022; Ord. No. 2022-40, § 1, 12-20-2022; Ord. No. 2023-18, § 2, 4, 11-7-2023)

SECTION 3

ZONING DISTRICTS

PURPOSE, USES AND CONFORMANCE TO COMPREHENSIVE PLAN