Fulshear City Zoning Code

means a use that is subordinate to and serves a principal use or structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, convenience and necessity of occupants of the principal use or structure served; and is located on the same lot as the principal use or structure served.

means a secondary dwelling unit that is either located in a separate accessory building on the same lot as the principal dwelling unit, or as a separate, independent unit within the principal building. The ADU provides a complete, independent living space with facilities for cooking, eating, sanitation, and sleeping.

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

means any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

means the use of a site for the retail sale of alcoholic beverages for off-premises consumption. This use includes package stores.

means a business with floor space that is primarily devoted to the sale of beer, wine, or other alcoholic beverages for on-premises consumption and which requires a license under Texas state regulations.

means an establishment which:

means a semi-enclosed structure designed for the enactment of the performing arts or other entertainment uses that include entertainment related facilities and uses.

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

means a privately-operated facility or area for the acquisition, preservation, study, exhibition or sale of works of artistic, historic, or scientific value.

means a facility that provides meals and assistance with daily activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable to manage these activities themselves. This definition does not include nursing homes or similar institutions with professionally trained technical staff devoted primarily to the care of the chronically ill or the incurable.

means any establishment where the primary services offered are the repair, painting, or refinishing of the body, fender, or frame of automobiles, trucks, motorcycles, motor homes, recreational vehicles, boats, tractors, construction equipment, agricultural implements, and similar vehicles or equipment.

means an establishment engaging in the rental of new or used vehicles. This may include automobiles, motorcycles, and farming vehicles.

means an establishment engaging in the retail sale of new or used vehicles. This may include automobiles, motorcycles, and farming vehicles.

means retail sales of automobile and motorcycle related parts and accessories without installation on-site.

means any land, building, structure, or premises used for the routine maintenance of automobiles and limited servicing of automobiles including but not limited to the sale and installation of oil, lubricants, filters, batteries, tires, brakes, belts, and other similar activities or for installing or repairing parts and accessories.

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

means any of the class of business in a freestanding building, kiosk or automated teller machines that provide financial services and the transmission of funds.

means a farm building used for storing farm products or sheltering livestock.

means an accessory use operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. If meals are provided, they are served only to overnight guests and residents.

means a principal use in a former single-family dwelling or detached guesthouses on a lot where the property owner provides management, cleaning, and meal services to overnight guests, and may or may not reside on site. If meals are provided, they are served only to overnight guests and residents.

means land used or intended to be used for the burial of the dead, whether human or animal, including crematoriums and mausoleums and buildings where funeral services may be held.

means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.

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

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

means an area used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor. This definition excludes temporary contractor storage associated with the site of an on-going construction project.

means a retail establishment that sells primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads primarily for off-premise consumption.

means a facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation. The use does not include places of assembly.

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

means an establishment providing nonmedical care, protection, and supervision for individuals on a regular basis, away from their primary residence for less than 24 hours per day and includes nursery schools, preschools, and day care centers for children.

means a retail establishment offering a wide variety of merchandise and services, usually organized in separate departments.

means a location approved for the purposes of drilling or commencing to drill a well of oil or gas within the limits of the city as permitted by section 10, businesses article III — Oil and gas wells, of the City's Code of Ordinances.

means a tract of land equipped and not associated with a golf course with distance markers for practicing golf shots.

means a retail establishment where the primary business is the filling and sale of prescription drugs, medical devices and supplies, and non-prescription medicines.

means an establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry cleaning equipment or machinery on the premises.

means a building, portion of a building, or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitation, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.

means a building that:

means land used for the growing of usual farm products and/or raising of usual farm poultry and farm animals including the necessary accessory uses for raising, treating, and storing products raised on the premises. This definition does not include the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

means a group of one or more permitted food trucks that are intended to be a permanent feature within a specific location connected to and utilizing city utilities including water and sanitary sewer, and where generators shall be generally avoided.

means an establishment wherein one or more gaming machines, as defined as any machine when such machine or machines dispense or are used or are capable of being used to dispense a representation of value where such representation of value is redeemable for noncash merchandise prizes, toys or novelties that have a wholesale value from a single play of the game or device of not more than ten times the amount charged to play the game or device once, or $5.00, whichever is less, are operational.

means a building which can be either attached or detached to a principal residential dwelling that provides space for the storage of motor vehicles.

means a place where vehicular fuel, stored only in underground tanks, is offered for sale to the public or where charging stations are made available for the charging of vehicles.

means an outdoor area designed for playing the game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a country club or other clubhouse, a driving range, putting greens, and shelters as accessory uses.

means a governmental office that includes such uses as a post office, or an administrative building. This definition does not include police, fire, or emergency services.

means a facility that provides for offices, training, and/or storage facilities of a service that is traditionally administered by a local government including public safety and the following emergency services: fire, emergency medical and ambulance services.

means an establishment primarily engaged in the propagation (for sale at retail or wholesale) of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

means an establishment engaged in the sale or rental of goods, merchandise or services, to the general public and sometimes offering for retail sale prepackaged food products, household items and other goods commonly associated with the same. Excludes eating and drinking places.

means a retail establishment that sells items including, but not limited to, hardware, plumbing supplies, electrical supplies, lighting, appliances, lumber, or lawn equipment. Secondary sale of lumber stored indoors may take place.

means an enclosed establishment generally containing multi-use facilities for conducting fitness and recreational activities, including, but not limited to, exercises, weightlifting, running, swimming, and racquetball.

means an establishment providing for the sales and rental of equipment to be used for farming and construction. This definition does not include any vehicles that can be titled and licensed for street legal use by the Texas Department of Motor Vehicles.

means any business that engages in selling hemp and/or the active constituents of cannabis.

means a facility that is designed to be used for the take-off and/or landing of helicopters, including operations facilities such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

means a retail establishment that sells items including, but not limited to, beds, couches, chairs, electronics tables, or drapery.

means any activity, occupation, profession, domestic craft or economic enterprise carried out for economic gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling.

means an institution that is licensed by the state or operated by an agency of the government to provide medical, surgical, psychiatric or emergency medical services to sick or injured persons, primarily on an in-patient basis. The term "hospital" shall not include nursing homes.

means a building or group of related buildings designed for commercial overnight lodging in which transient visitors are accommodated for compensation in guest rooms for increments of not less than six hours and for less than 30 days and that includes accessory facilities and services such as food and beverage service or full restaurant facilities, recreational facilities, meeting rooms or conference space, ballrooms and special event space, and other business or personal services for guests.

means a building or group of related buildings designed for commercial overnight lodging in which transient visitors are accommodated for compensation in guest rooms for increments of not less than six hours and that offers more than five percent of its guest rooms for stays extending 30 consecutive days or more, or an extended-stay commercial overnight lodging establishment consisting of efficiency suites or suites with a complete kitchen suitable for occupancy for periods extending 30 consecutive days or more. The building or buildings may also include accessory uses such as food and beverage service or full restaurant facilities, recreational facilities, meeting rooms or conference space, ballrooms and special event space, and other business or personal services for guests. This term shall not include any dwelling types as defined in this chapter.

means a residential structure that:

means a business contained within a building, structure or parcel of land, or portion thereof, used for collecting, storing, dismantling, salvaging, or demolishing of wastepaper, rags, scrap metal, vehicles, equipment or other discarded material for the sale of such material or parts thereof but does not include recycling facilities.

means either:

means a solid waste disposal facility consisting of an area of land or an excavation used for disposal of any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service.

means a publicly operated facility housing a collection of books, magazines, audiotapes and videotapes, or other material for use by the general public.

means a retail establishment that sells items including, but not limited to, lumber, brick, tile, cement, insulation, and roofing materials. Secondary sale of items such as heating and plumbing supplies, electrical supplies, paint, glass, hardware, and wallpaper may take place.

means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, built on a permanent chassis and designed to be used as a dwelling with permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle.

means an area of land designed for the placement of manufactured homes or mobile homes with two or more improved pads or spaces for manufactured homes or mobile homes providing connections for, but not limited to, water, sewer, and electricity service.

means enterprises involved in the basic processing and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials.

means establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution. These establishments are characterized by having no major external environmental effects across property lines and include no unscreened or unenclosed outdoor storage.

means a place of business that advertises or offers massage therapy or other massage services to members of the public. The term includes a place of business that advertises or offers any service described by a derivation of the terms "massage therapy" or "other massage services" as those terms are defined in V.T.C.A., Occupations Code, Chapter 455, as amended. The term shall not apply to a person licensed in this state as a physician, chiropractor, occupational therapist, physical therapist, nurse, or athletic trainer or as a member of a similar profession subject to licensing by the State of Texas whose license is displayed in the establishment and while the person is practicing within the scope of the license. The term also does not apply to establishments that provide massage services as an auxiliary function to their primary use provided that the massage service is performed in the common areas which are visible to the patrons of the respective establishment.

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

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

means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development.

means a factory-built, single-family dwelling manufactured before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. The term does not include a recreational vehicle as defined in this section.

means a mobile unit, including a food truck, which is permitted to sell goods and food by the City of Fulshear at a specific location for more than two hours at a given time. The vendor shall not keep the unit on site for more than 45 days within a calendar year and can relocate for an additional 45 days. However, after 90 days total the vendor shall either become itinerant or locate within a food truck park to conduct business. This unit shall have access to an onsite restroom facility and shall not impede vehicular or pedestrian traffic.

means a mobile unit, including a food truck permitted within any zoning district, which sells goods, food, or both, at a specific location for no more than two hours. These locations shall not provide any type of seating and the vendor shall provide a refuse receptacle and be responsible for keeping the area clean and sanitary.

See apartment/multi-family dwellings.

means a building that is designed to look like a large single-family detached building, which includes three to five individual dwelling units.

means an institution that is licensed by the state to provide in-patient services for persons needing regular medical attention and bed care services on a 24[-hour] basis, but excluding hospitals.

means a room, group of rooms, or a building used for the provision of executive, management, administrative, or professional services.

means the use of a site which may include indoor and/or outdoor facilities and/or structures which houses community recreation activities owned, operated, or leased for operation by a public, quasi-public, or private entity.

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

means a dwelling type consisting of a single-family, 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:

means an establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker). See Texas Finance Code, Title 4, Chapter 371, Pawnshops.

means a building where people assemble for civic, educational, religious, or cultural purposes. This use includes event facilities, meeting halls, fraternal organizations, places of worship and private clubs. This use does not include residential buildings or conference and convention centers.

means the large-scale creation of power including large solar collectors and windmills and more forms of utility power generation.

means a building in which members of a community or association may gather for social, educational, or cultural activities.

means any business that is engaged in psychic services, tarot card reading, and/or palm reading.

means any use that provides commercial amusement and recreation indoors (except sexually oriented businesses), including, but not limited to: bowling alleys and pool rooms; indoor sports arenas; movie theaters; live theaters; indoor skating rinks (ice or roller); and video arcades.

means uses that provide commercial amusement outdoors (except sexually oriented businesses), including, but not limited to: outdoor arenas or stadiums (including, but not limited to, amphitheaters, sports stadiums, concert facilities, rodeos, and racing facilities); amusement parks or theme parks; fairgrounds; miniature golf establishments; water slides; and batting cages.

means a facility that for scientific research, investigation, testing, development, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

means a building or portion of a building, not operated as a dining room in connection with a hotel or boarding house, where food is served for pay and for consumption in the building, and where provisions may be made for serving food on the premises outside the building and may include the provision of serving food at a drive-through window.

means a school with a curriculum that is primarily focused on educating persons either:

means the use of a site for full-time instructional purposes on an elementary and middle school level (K — 8), approved under the regulations of the state. The use may be public or private school.

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

means a small structure that is:

means an enclosed facility for target practice with bows and arrows, crossbows, and firearms.

means a group of permitted commercial uses that are planned, developed, owned, or managed as a unit.

means a housing type where two or more dwelling units are located in a single building. This definition includes duplexes, twin homes, multiplexes, and townhomes.

means a building or structure containing only one dwelling unit that is not attached by a common wall to another dwelling unit.

means the housing, training, or feeding of horses, which may include riding facilities.

means an establishment wherein permanent or semi-permanent markings, brands, body art, piercings, or tattoos are placed on or through the skin by an artist. The term ["tattoo parlor" or "tattoo studio"] does not mean an establishment which provides permanent cosmetic makeup application. Unless expressly stated otherwise herein, such words, terms and definitions shall have the meaning indicated in V.T.C.A., Health and Safety Code Ch. 146, as amended and Title 25, Texas Administrative Code, §§ 229.401 — 229.413, as amended. Owners and employees of such businesses shall comply with all of said provisions thereof, as amended.

means uses that are established for a fixed period of time with the intent to discontinue such use upon the expiration of such time.

means an enclosed establishment charging admission to the general public for the privilege of observing a live, televised, or motion picture performance indoors.

means one of a series of not less than three and no more than six attached single-family dwellings under a common roof with a common exterior wall, and separated from one another by single partition walls without openings from basement to roof. No townhome dwelling unit is to be constructed above another townhome dwelling unit.

means a building that:

means an establishment that provides unscheduled, ambulatory walk-in care on an outpatient basis outside of a hospital emergency room.

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

means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injury of household pets. The term does not include medical care for livestock.

means a building, structure, group of buildings and structures used primarily for the storage of goods, materials, personal property or records. Includes areas used primarily for the benefit of a principal business and/or where individual owners or tenants control individual storage spaces.

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

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

means radio or television broadcasting towers, telecommunications towers, and antenna arrays.

means two lots sharing the same or common property lines. This definition does not include lots that are separated by an alley, street, or another right-of-way.

means a means of providing vehicular ingress or egress to a property from an abutting property or public road.

means any entrance, driveway, public or private street, road, highway, or alley that provides reasonable access for the movement of vehicles between the road or highway and an abutting property. The term shall include future planned roadways, so that if a street is provided to end at the boundary of the subdivision, such street shall count toward the requirement to be constructed.

means a building detached from a principal building located on the same lot and which is incidental and subordinate to the principal building.

means the lamp lumens of a lamp multiplied by the lamp efficiency. Lamp efficiency is 100 percent for all solid-state lighting lamps and 80 percent for all other lamps.

means the director of development services or his or her designee, whom shall enforce and interpret the provisions of this CDO.

means a legally established private access easement affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

means any modification, replacement, or reconstruction that increases the height or materially increases the dimension of a structure.

means a plat which is submitted solely to make a minor amendment consistent with the requirements of section 28-7-29, amending and minor plats.

means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission, receipt, or both, of electromagnetic waves.

means the owner of land or his approved representative.

means the area of the right-of-way between the traveled surface of the road or highway and the adjacent property that is intended to provide access for vehicles or equipment from the road or highway to the adjacent property.

means an automatic lighting control device that switches outdoor lighting relative to time of solar day with time of year correction.

means the ratio of average footcandles to the minimum footcandle point calculation for a given area. This ratio is an indicator of lighting uniformity. The lower the ratio, the better the uniformity.

means lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire.

means an identified tract or parcel of land established within a subdivision surrounded by a street or a combination of streets and other physical features and which may be further subdivided into individual lots or reserves.

means a unit of land, together with a specified type and amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

means person whose job is to construct or repair houses.

means the building official of the city or his or her designee.

means a framed accessory structure or exterior architectural feature which is attached to and supported from a wall or held up by its own supports, which provides shelter from the elements to persons, vehicles, or property.

means a tree at maturation that is generally 25 feet or higher and provides significant shade.

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

means a certificate issued by the city for the use of a building, structure, or land, when it is determined by it that the building, structure or land complies with the provisions of all applicable city codes, ordinances, and regulations.

means the person authorized by the city as its engineer or his duly authorized representative.

means an outdoor area dedicated for public use that is in a centralized location within a development that creates a public gathering location.

means a private access serving one or more commercial, industrial, institutional, or multiple-family uses.

means any use other than a residential use.

means the city's planning and zoning commission.

means a street providing the principal means of access to individual manufactured home lots or auxiliary buildings.

means a parcel or parcels of land or an area of water, such as a lake or river, or a combination of land and water, which may include floodplain and wetland areas, forested areas, sensitive slopes, parks, landscape features detention areas, sports fields, neighborhood amenities, drainage, detention, landscape reserves, landscape buffers, and floodway, or similar areas within a development area and intended for the use and enjoyment of residents of a particular development area and, where designated, the community at large. A drill site is not within the definition of common open space.

means the general plan for growth and development of the city and its environs, including any and all applicable elements of such plan, such as a land use plan, utilities plan, drainage plan, infrastructure master plan, parks plan, and other similar plans.

means the distance from an intersection of two public or private streets to the nearest driveway, measured from the curb line or, where there is no curb line, the closest edge of the travel way on the intersecting road, to the closest edge of the driveway, measured along the street to which access is being taken.

means a drive providing shared vehicular access between two or more contiguous sites so the driver need not enter the public street system.

means a time period set by an ordinance or resolution of the city council during which outdoor lighting is to be reduced as provided by this article.

means any person, firm, partnership, joint venture, limited liability company, association, corporation, or municipal utility district (MUD) who participates as owner, promoter, developer, or agent in the planning, platting, or development of a subdivision or development.

means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, minimum dredging, filling, grading, paving, excavation, drilling operations, and changes to drainage channels.

means an agreement between the city and a person having a legal or equitable interest in real property for the purpose of establishing conditions under which development may proceed.

means a complete and exact development plan for new commercial construction or the enlargement of any exterior dimension of any commercial building, structure, or improvement prepared in conformity with this CDO and is suitable for recording in the county real property records. For purposes of the development plat, the term "commercial" means any nonresidential building, including, but not limited to, places of worship, schools, manufacturing, and industrial buildings, structures, and improvements.

means the county drainage district or the Brookshire Katy Drainage District, whichever is applicable.

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

means an area of land dedicated for restricted use in which a person or public or private entity has the right to control the land or the area above or below the land for a specific limited purpose.

means any sign or portion of a sign that utilizes electronic or digital technology to display text, images, graphics, or video, whether static or dynamic, that can be changed by electronic means. This includes signs using light-emitting diodes (LEDs), liquid crystal displays (LCDs), plasma displays, projected images, or similar technology that can be changed or altered remotely or automatically.

means any lighting existing and installed on or before the effective date of the ordinance from which this article is derived.

means that area of land located outside the city's territorial limits, as defined in V.T.C.A., Local Government Code Ch. 42.

means any number of individuals, related by blood, marriage, or adoption, and domestic servants for such a family, or a group of not more than four persons who are not so related, living together as a single nonprofit housekeeping unit doing their own cooking. In order to comply with federal and state law, group homes are included within the definition of family.

means an access point to an agricultural field used primarily for the movement of farm vehicles and equipment or serving cultivated land, timber land, or undeveloped land, as well as for uses at which no one resides or works, such as cellular towers, water wells, pumping stations, utility transformers, and similar uses.

means a map or drawing of a proposed subdivision prepared in conformity with this CDO and suitable for recording in the county real property records.

means a sculpture, fountain, or similar object.

means a lot with:

means a measure of the allowable size of floor area on a lot compared to the size of the lot. FAR gives developers flexibility in deciding whether to construct a low building covering most of the lot or a tall building covering only a small part of the lot, as long as the total allowable floor area coverage is not exceeded.

means a unit of light intensity used to calculate lighting levels.

means the average of a number of points of foot-candle calculation or footcandle reading in a given area.

means a shielded light fixture that emits no light above a horizontal plane touching the lowest part of the fixture.

means a luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the lowest light emitting part of the luminaire.

means a plan for the development of land brought by the applicant to a pre-application conference meeting that shows in general terms the proposed land use, circulation, natural characteristics and typical development of the area to be developed including the affected adjacent properties and traffic.

means lighting entering the eye directly from a luminaire or indirectly from reflective surfaces and that causes visual discomfort or reduced visibility.

means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building or structure and a line five feet from the building or structure.

means a licensed community home as defined by V.T.C.A., Human Resources Code Ch. 123, that is required to have no more than six persons with disabilities and two supervisors that reside in the home at the same time. The limitation on the number persons with disabilities applies regardless of the legal relationship of those persons to one another. The home may not be established within one-half mile of an existing community home. The term community home shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. To qualify as a community home, an entity must provide the following services to persons with disabilities who reside in the home:

means permanent improvements upon the ground which are constructed of concrete, asphalt, stone, gravel, or other similar material. The term "hardscape" includes, but is not limited to, parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is ten feet or less in width.

means rock, concrete, masonry, metal, timber or other similar materials placed on the sides of an approach as support, to prevent erosion, or for decorative purposes.

means for the purpose of determining the height limits in all zones set forth in these regulations and shown on the hazard zoning map, the datum shall be height above mean sea level (MSL) elevation as measured in feet.

means a fixed, freestanding, uninhabitable structure of a minimum height of 100 feet, specifically designed to carry light fixtures that is built on land on, along or adjacent to streets, roads, highways and bridges maintained by the state or political subdivision of the state.

means a district so designated by city council or an area for which an application for designation has been initiated thereunder and has not been disapproved by city council.

means the person designated to administer the historic preservation portions of the CDO. For the purposes of the CDO, this person is the same as the administrator which is the director of development services or his or her designee.

means any source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source.

means a light fixture that are installed on or within the ceiling space, and face down to illuminate the space below.

means lighting projected onto a sign from a source external to, or attached to the exterior of, the sign structure. External illumination consists of lights mounted on the ground or attached to the top of the sign focused downward directly on the sign.

means illumination by light sources enclosed entirely within the sign cabinet and not directly visible from outside the sign and includes "internally illuminated."

means an application submitted to the city that become null, void, and expired because the applicant fails to diligently pursue completion of the application in a manner that completely address the city's comments and questions.

means a driveway connecting two or more contiguous properties to the public street system.

means an individual source of light other than a celestial object or fire. The term "lamp" includes, but is not limited to, bulbs, tubes, and modules. For purposes of this article, multiple light-emitting diodes (LEDs) or organic LEDs (OLEDs) within a self-contained bulb, tube, or module are considered a single lamp.

means a property so designated by city council or a property for which an application for designation has been initiated thereunder and has not been disapproved by city council.

means lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

means any adverse effect of artificial light, including, but not limited to, glare, light trespass, skyglow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

means light that falls beyond the property it is intended to illuminate. For purposes of this article, it is presumed that lighting is not intended to illuminate beyond the property line of the property on which the lighting is located, and that light emitted from a luminaire is presumed to fall beyond the property line if the lamp is visible, either directly or indirectly by reflection or otherwise, from beyond the property line.

means equipment specifically intended to provide gas or electric illumination, including, but not limited to, lamps, luminaires, ballasts, poles, posts, lenses, and related structures, electrical wiring, and other necessary or auxiliary components.

means any electric, manmade, or artificial lighting equipment.

means a physically undivided tract or parcel of land having frontage on a public or private street and which is or may be offered for sale, conveyance, transfer, lease, development, or improvement.

means a lot having gross disparities in width between side lot lines, sometimes resembling a flag on a flag pole, a key, or some other lot shape of comparable irregularity.

means the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire. The term is not synonymous with the term "watt," which is a measure of power consumption.

means the sum of all adjusted lamp lumens for all lamps within the luminaire.

means the complete lighting unit or fixture, consisting of one or more lamps.

means the most recently adopted street layout plan adopted by city council, or any amendments or changes thereto approved and adopted by the city council.

means developments of more than 200 acres which include more than 500 residential units and provide for specialized amenities including sidewalks, park and recreational facilities, customized drainage and decorative landscaping and a unifying theme for the development.

means a plat which involves four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of city facilities.

means the height of lowest light emitting point of the lowest lamp of a luminaire above ground level.

means a vertical line extending from the lowest light emitting point of the lowest lamp of a luminaire to a point on the ground directly beneath the lowest light emitting point of the lowest lamp of the luminaire.

means a waterway that is part of the natural topography and that maintains a continuous or seasonal flow during the year. Construction channels such as drainage ditches shall not be considered natural waterways.

means the construction of entirely new buildings, structures, or hardscape, the construction of an addition to an existing building, structure, or hardscape greater than or equal to 25 percent of the existing building, structure, or hardscape, or the reconstruction or renewal of greater than or equal to 50 percent of an existing building, structure, or hardscape.

means any lighting not existing and installed on the effective date of the ordinance from which this article is derived.

means any structure, tree, or use of land which is inconsistent with the provisions of these regulations and which is existing as of the effective date of these regulations.

means an access point built and constructed prior to the effective date of the ordinance from which this subdivision is derived that does not conform with the rules and regulations contained herein.

means any use other than single-family detached, single-family attached, duplex, or multifamily dwelling.

means any outdoor/open air sporting or recreational facility designed for use of organized athletic or extracurricular activities public or private which shall include, but not be limited to, use as a venue for: football, baseball, basketball, softball, soccer, rugby, tennis, track and field events, dressage, polo, rodeo, competitive roping, volleyball, quidditch, cricket, kickball, barrel racing, badminton, band, drum corps, golf, swimming, diving, cycling, ultimate frisbee or other group event involving athletic or extracurricular competition or the preparation for such competition.

means any type of fixed or movable lighting equipment that is designed or used for illumination out of doors. The term includes billboard lighting, street lights, searchlights and other lighting used for advertising purposes, and area lighting. The term does not include lighting equipment that is required by law to be installed on motor vehicles or lighting required for the safe operation of aircraft. (TLGC 240.031)

means any property of the state or political subdivision thereof that is designated for and restricted to use by the public for park purposes.

means a paved surface, a minimum of ten feet in width by 20 feet in length, located within the boundary of a manufactured home lot, or in common parking and storage areas, having unobstructed access to an internal street.

means the required distance from a public right-of-way and the location of an off-street parking location.

means a document issued by the city which authorizes land clearing, grading, construction, demolition, or modification of infrastructure, buildings, signs, other structures, changes of land use, and temporary uses.

means an individual, partnership, corporation, or any other legal entity.

means a map or drawing of a proposed subdivision prepared in conformity with this chapter, but not suitable for recording in the county real property records.

means an agreement between two private parties that does not involve a governmental body.

means a roadway pertaining to subdivision of land, for vehicular travel which is privately owned and maintained, providing the principal means of access to three or more abutting properties.

means the edges of the legally-defined extent of privately owned property.

means any open space that is dedicated to and accepted by the city.

means any area to which the general public has access, and includes, but is not limited to parks, playgrounds, plazas, any property owned or operated by the city, and streets open to the general public and any buildings, premises, or other structures open to the general public including the doorways and entrances to such buildings, premises, or other structures and the grounds enclosing them.

means a roadway under the jurisdiction of a public authority that provides the principal means of access to an abutting property.

means any person, company, corporation, cooperative, corporation, partnership, or any combination thereof, that is subject to both a municipal franchise agreement and the comprehensive regulatory system established by and defined in the Texas Public Utility Regulatory Act, that owns or operates for compensation equipment or facilities for:

means the access necessary to provide for safe movement of vehicles to and from a public road. The term "reasonable access" does not necessarily mean direct access to a public road must be provided; access may be provided by a service road, another public road, or a joint/shared access. Where direct access to a primary roadway is permitted, reasonably convenient and suitable access has been defined by as access to the main roadway in at least one direction of travel.

means any lot of land upon which one or more recreational vehicles and/or camping sites are located, established, or maintained for occupancy as temporary living quarters for recreation, education, or vacation purposes.

means a facility licensed or certified by the state that operates for all of the 24-hour day and provides child-care such as a foster home.

means a plat signed by the property owners, other than an amending plat which shows all or a portion of an existing subdivision prepared in conformity with this CDO, where the purpose is to alter the original layout of streets, lots, or other features of the development but not amending or removing any covenants or restrictions.

means any permanent building or structure containing habitable rooms for non-transient occupancy, designed and used primarily for living, sleeping, cooking and eating, which is intended to be used or occupied as a dwelling place for residential purposes, whether or not attached, including homes, town homes, patio-homes, duplexes, triplexes, quadraplexes, condominiums, and apartments. Multi-unit complexes shall be included as a ratio of one-eighth acre of land, or any fraction thereof, as being equivalent to one residential tract. For purposes of calculating the ratio of multi-unit complex acreage to residential tracts, only that portion of the multi-unit complex acreage within the residential test area shall be considered. Hotels, motels, boarding houses, group houses, halfway houses, nursing homes, hospitals, nursery schools, schools, and child care facilities shall not be considered residences. A building or structure located on a lot or tract of land used as the site of a tower shall not be considered a residence so long as its primary use is to contain, house, store, and protect materials or equipment directly related to the purpose and use of the tower.

means a private access for one or more single-family detached or attached residential units, a farmstead, or farm-related structures, but not including an agricultural feedlot.

means:

means pertaining to the use of land for a residence as is defined in this CDO.

means one or more restrictive covenants limiting the use of the property to residential purposes that are contained or incorporated by reference in a properly recorded map, plat, replat, declaration, deed, judgment or other instrument filed in the county real property records, map records or deed records.

means a use providing wholly or primarily non-transient living accommodations, excluding institutional living arrangements providing 24-hour skilled nursing or medical care, forced residence, or therapeutic settings.

means any improvement that is an alteration to the land or other physical constructions associated with subdivision and building site development.

means the entire width between boundary lines of any way or place under the jurisdiction of the city, county, or state when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic and is maintained by the city, county, or state intended, directly or indirectly, to be used for a street, road, or drainage facility.

means temporary lighting installed and operated in connection with holidays or traditions.

means a public or private street, auxiliary to and normally located parallel to a controlled access highway, that maintains local road continuity and provides access for parcels adjacent to the controlled access facility.

means the triangular area formed by a diagonal line connecting two points located on intersecting street right-of-way lines, or a right-of-way line and the curb or edge of a driveway.

means any structure, part thereof, or inscription which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure, or on an awning, canopy, marquee, or similar appendage, or permanently affixed to the glass on the outside of the building or structure, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, monogram, heraldry, trademark, light, or other representation used as or in the nature of an announcement, advertisement, attention, arrestor, direction, warning, or designation of any person, firm, group, organization, corporation, association, place, commodity, product, service, business, establishment, profession, enterprise, industry, activity, or any combination thereof.

means the entire advertising area of a sign, excluding any framing, trim, molding, or supporting structure.

means a sign which conveys information regarding a service, facility, or product subsidiary or ancillary to the main or principal business use of a property, such as telephone signs, restroom signs, credit card signs, open signs, or signs displaying the hours of operation for the business or entity.

means a sign that is for available for an applicant who has multiple tenants within a property. The sign is typically used in conjunction with master sign plans.

means any sign mounted on the ground, but not elevated above the ground by any device that holds the sign off the ground and not attached to any building, including reader panels.

means any sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.

means any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, wheeled carrier, or other non-motorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign hereunder.

means a sign, other than a wall sign, which is affixed to any building or wall, and whose leading edge extends more than two feet beyond such building or wall. A canopy or marquee shall be synonymous to a projecting sign.

means any sign installed over or on the roof of a building.

means freestanding signs that are supported by a structure extending from and permanently attached to the ground by a foundation or footing, with a clearance between the ground and the sign face. Pylon signs are not considered monument signs. Pylon signs differ from pole signs in that they are supported by a structure with internal clearance rather than a pole.

means directional signage posted and removed within the time specified herein of a special event such as a local festival or sporting event. This term is included within the definition of temporary sign.

means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to a tree, stake, fence, utility pole, or other like object, the advertising matter of which is not applicable to the present use of the premises on which the sign is located.

means any sign constructed of materials with short life expectancies. A portable sign shall not necessarily be considered a temporary sign.

means any sign mounted parallel to a wall of a building.

means signage specific to directing travelers to certain locations within the city. Such signs shall be of a specific design for its type and shall be approved on a case-by-case basis by the planning commission prior to installation unless installed in conjunction with a previously approved master sign plan in association with a master planned community.

means any flag, pennant, banner, streamer, balloon, inflatable device or similar-type object made of cloth, canvas, nylon, plastic, or other flexible material, with or without a frame or other supporting structure, that moves, or is intended to move or blow with the wind.

means a tree with a diameter of six inches or greater, measured 24 inches above grade.

means the area within the property line of a property.

means graphic presentation, drawn to scale, in a horizontal plane, delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, the dimensions also indicating the relation of each use to that adjoining and to the boundary of the property.

means the brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and particulates in the atmosphere.

means a tree at maturation that is generally no higher than 25 feet.

means lighting based on light-emitting diodes (LEDs) or organic LEDs (OLEDs). The term "solid state lighting" does not include lighting based on filaments, plasma, or gases.

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.

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.

means a street which serves or is designed to serve primarily as access to abutting properties.

means the separation of two streets when said separation occurs at an intersecting street.

means any street not dedicated as a public street. A private street shall include any paved improvement designed to facilitate the movement of vehicles from one point to another. Maintenance and repair are the responsibility of the private owner of the street.

means a thoroughfare or right-of-way, dedicated to the public, and accepted for maintenance by the city or county, and which provides vehicular access within a subdivision or to adjacent land.

means an object, including a mobile object, constructed or installed by man including, but not limited to, buildings, towers, cranes, smokestacks, poles, earth formations, overhead power lines, and traverse ways. Traverse ways are considered to be the heights set forth in 14 C.F.R. Part 77.23.

means all land encompassed within one or more maps or plats of land within the city that is divided into two or more parts and are recorded in the deed, map, or real property records of the county or counties in which the land covered by the map or plat is located.

means lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.

means a report prepared and executed by a title company authorized to do business in the state or an attorney licensed with the state, describing all encumbrances of record that affect the subdivision, together with all recorded deeds.

means a nonmotorized vehicle that:

means a piece of land subdivided, which may be subdivided into lots, parcels, or some other form of subdivision.

means any type of flora and an object of natural growth.

means a description of the smoothness of the lighting pattern or the degree of intensity of light and dark areas in the roadway or area to be lighted.

means a structure, including supporting facilities, that is intended for transmitting or receiving radio television, telephone, or microwave signals, excluding amateur radio antennas.

means a board so designated by these regulations as provided in V.T.C.A., Local Government Code § 241.032. Provisions for the zoning board of adjustment (ZBA) are set forth in this CDO at section 28-6-6, zoning board of adjustment.