This ordinance is adopted pursuant to the police powers of the City of Leander and under the authority of the City Charter, the Constitution and general laws of the State of Texas, including, but not limited to, V.T.C.A., Local Government Code, ch. 211.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 19-045-00, sec. 3, adopted 8/15/19)

This ordinance shall be known, and may be cited, as the Composite Zoning Ordinance, or Zoning Ordinance of the City of Leander, Texas.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 19-045-00, sec. 3, adopted 8/15/19)

(a)

The general purposes of this ordinance are as follows:

* To provide reasonable regulations and requirements to protect, preserve, improve and provide for the health, safety and general welfare of the present and future citizens of the City;

* To establish a framework of zoning guidelines and criteria that will provide for and support the development of a quality living and work environment; and

* To incorporate provisions requiring all future development and redevelopment to provide a compatible plan for residential, civic, community services, commercial and industrial uses, while providing reasonable protections for both the public and persons having an ownership interest in property affected by these regulations.

(b)

This ordinance should be administered and applied consistent with its terms and provisions to serve general purposes and to result in development superior to that otherwise achievable and that will promote the following additional purposes:

(1)

Assist the safe, orderly, healthful and coordinated development of the City;

(2)

Conserve existing and future neighborhoods;

(3)

Protect the value of real property throughout the community;

(4)

Conserve, develop, protect, and utilize natural resources, as appropriate and consistent with the public interest, to enhance the preservation of the environment;

(5)

Protect and preserve places and areas of historical and cultural importance and significance to the community;

(6)

Lessen congestion in the streets and provide convenient, safe, and efficient circulation of vehicular and pedestrian traffic appropriate to the character of the surrounding environment;

(7)

Facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, emergency and recreational facilities, and other public requirements;

(8)

Promote economic development through an efficient and practical means by which development will promote a prosperous economic environment;

(9)

Promote compatible residential, commercial and industrial uses to harmoniously relate future development and redevelopment to the existing community and facilitate the development of adjoining properties;

(10)

Standardize the procedure and requirements for zoning, building permits, and certificates of occupancy to provide administrative efficiency and protect property owner rights; and

(11)

Provide an opportunity and venue for the appropriate reconciliation of any differences of interest among property owners, developers, neighborhoods and the City.

(12)

Help the region retain its natural features and visual character derived from topography, woodlands, buffer zones, and shorelines.

(13)

Provide growth opportunities that encourage infill and redevelopment.

(14)

Enable transportation corridors to be planned in coordination with land use.

(15)

Distribute affordable housing to match job opportunities and avoid undue concentrations.

(16)

Preserve greenbelt corridors, floodways, buffer zones, and help connect neighborhoods.

(17)

Enable a finer grained mix of land uses to create opportunities for better transit, pedestrian, and bicycle systems that provide alternatives to the automobile.

(18)

Create neighborhoods and regional centers that are compact, pedestrian-oriented, and mixed-use.

(19)

Enable ordinary activities of daily living to occur within walking distance of many dwellings, allowing independence to those who do not drive.

(20)

Provide interconnected networks of thoroughfares to disperse traffic and reduce the length of automobile trips.

(21)

Provide a range of housing types and price levels within neighborhoods to accommodate diverse ages and incomes.

(22)

Integrate civic, institutional, and commercial activity with town centers, not isolated in single-use complexes.

(23)

Provide for open space including parks, squares, and playgrounds within neighborhoods and town centers.

(24)

Create quality buildings and landscaping that contribute to the physical definition of thoroughfares as civic spaces.

(25)

Accommodate the automobile while respecting the pedestrian and the spatial form of public space.

(26)

Create architectural standards and landscape design to reflect local climate, topography, history, and building practice.

(27)

Encourage civic buildings and public gathering places to be provided at locations that reinforce community identity.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 19-045-00, sec. 3, adopted 8/15/19)

The requirements of this ordinance shall apply to all property within the City; provide for the implementation of site development regulations; provide a voluntary guide for the development of property within the extraterritorial jurisdiction in order that such property may be developed in a manner consistent with neighboring areas and existing or planned infrastructure; and be construed and applied in a manner to give effect to the City of Leander Comprehensive Plan. The development of land within the City limits should be of a quality to carry out the purpose and spirit of the policies expressed in the Comprehensive Plan and in this ordinance, rather than be limited to the minimum standards required herein.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 06-048-00, sec. 2, adopted 12/7/06; Ordinance 05-018-30, sec. 2, adopted 2/15/07; Ordinance 11-014-00, secs. 1(a), (b), adopted 6/2/11; Ordinance 11-014-00, sec. 1(b), adopted 6/2/11; Ordinance 11-015-00, sec. 2, adopted 6/2/11; Ordinance 12-006-00, sec. 2, adopted 2/2/12; Ordinance 12-042-00, sec. 2, adopted 9/6/12; Ordinance 14-040-00, sec. 2, adopted 7/17/14; Ordinance 14-075-00, sec. 2, adopted 12/4/14; Ordinance 16-065-00, secs. 2, 3, adopted 7/21/16; Ordinance 16-095-00, sec. 2, adopted 1/5/17; Ordinance 17-012-00, secs. 2, 3, adopted 3/2/17; Ordinance 18-075-00, sec. 2, adopted 12/6/18; Ordinance 19-045-00, sec. 2, adopted 8/15/19; Ordinance 20-022-00, secs. 3, 4, adopted 4/21/20; Ordinance 20-084-00, sec. 2, adopted 11/19/20; Ordinance 22-042-00 adopted 5/5/22)

The findings and recitations set out above are found to be true and correct and are hereby adopted by the City Council as findings of fact made a part hereof for all purposes. The City Council further finds and determines that the terms and provisions of this ordinance are reasonable, necessary and required to protect the public health, safety and general welfare of the City and its residents.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 06-048-00, sec. 2, adopted 12/7/06; Ordinance 05-018-30, sec. 2, adopted 2/15/07; Ordinance 11-014-00, secs. 1(a), (b) adopted 6/2/11; Ordinance 11-015-00, sec. 2, adopted 6/2/11; Ordinance 11-016-00, sec. 2, adopted 6/2/11; Ordinance 12-006-00, sec. 2, adopted 2/2/12; Ordinance 12-042-00, sec. 2, adopted 9/6/12; Ordinance 14-040-00, sec. 2, adopted 7/17/14; Ordinance 14-075-00, sec. 2, adopted 12/4/14; Ordinance 16-065-00, secs. 2, 3, adopted 7/21/16; Ordinance 16-095-00, sec. 2, adopted 1/5/17; Ordinance 17-012-00, secs. 2, 3, adopted 3/2/17; Ordinance 18-075-00, sec. 2, adopted 12/6/18; Ordinance 19-045-00, sec. 2, adopted 8/15/19; Ordinance 20-022-00, secs. 3, 4, adopted 4/21/20; Ordinance 20-084-00, sec. 2, adopted 11/19/20; Ordinance 22-042-00 adopted 5/5/22)

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means in this ordinance. The word "regulations" means the provisions of any applicable ordinance, rule, regulation or policy. The word "person" means any human being or legal entity and includes a corporation, a partnership, and an incorporated or unincorporated association. The words "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.

Access means a way of approaching or entering a property.

Accessory Building or Accessory Structure (Nonresidential) means an accessory building/structure that is a subordinate building, the use of which is secondary to and supportive of the main building. Includes, but is not limited to, storage facilities, detached garages, parking structures or enclosures, shade structures, and other similar buildings or structures.

Accessory Building or Accessory Structure (Residential) means a building or structure that is incidental to and customarily associated with the principal structure on the same site, attached to or detached from the main building, not used for commercial purposes and not rented. Includes, but is not limited to, swimming pools, pool houses/cabanas, workshops, decks, storage sheds, barbeque structures, playscapes, tree houses, shade structures, and other similar buildings or structures. Conexes and shipping containers are not permitted or considered to be an accessory structure in residential zoning districts.

Accessory Dwelling Unit means a unit built on a legal lot in addition to a principal dwelling unit Accessory dwelling units are subordinate in size, location, and use to the principal structure.

Accessory Use means a use on the same lot or tract of land and of a nature customarily incidental and subordinate to the principal use.

Adjacent means abutting, directly connected to, bordering or across a public ROW.

Agricultural Product means a product intended for direct human consumption or animal consumption such as vegetables, fruits, dairy products, eggs, grains, meats, poultry, fish, honey, wool, plants, or other similar products.

Alley means a minor right-of-way, dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for such access or for public utility purposes.

Alternative Review Procedure means the procedures set forth in Section 20B that modify the plan or plat application review process as described in Section 20B of the Subdivision Ordinance.

Animal Boarding means a commercial enterprise for lodging and feeding of more than five animals for a specified period or time where those animals are not owned by the land owner or lessee.

Animals means as designated in Ordinance Number 421-89 or any future amendments [chapter 2 of the Code of Ordinances].

Antenna means any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves including equipment attached to a tower, building, or other structure for the purpose of providing personal wireless services. Antennas include the following types:

(a)

Omni-Directional (or "Whip") Antenna. Receives and transmits signals in a three hundred sixty (360) degree pattern, and which is up to fifteen (15) feet in height and up to four inches in diameter;

(b)

Directional (or "Panel") Antenna. Receives and transmits signals in a directional pattern typically encompassing an arc of one hundred twenty (120) degrees;

(c)

Parabolic (or "Dish") Antenna. A bowl-shaped device that receives and transmits signals in a specific directional pattern;

(d)

Ancillary Antenna. An antenna that is less than twelve (12) inches in its largest dimension and that is not directly used to provide personal wireless communication services. An example would be a global positioning satellite antenna (GPS);

(e)

Other. All other transmitting or receiving equipment not specifically described in this ordinance which most closely resembles such equipment.

Apartment House (Apartments) means any building, or portion thereof, which is designed or occupied as the home or residence of three (3) or more households living independently of each other and doing their own cooking in the said building, and shall include flats and other multifamily dwellings.

Applicant means a person applying for zoning approval under this ordinance.

Approval means the final approval in a series of required actions. For instance, the approval date of a zoning application requiring approval of the Commission and then the Council is the date of Council approval.

Artisan means sculptors, painters, sketch artists, potters, wood and leather craftsmen, glass blowers, weavers, silversmiths, designers of ornamental and precious jewelry, screen printers, air brushers, and other similar uses.

Assisted living. A facility providing residence, supervision and daily assistance for individuals, generally persons 55 years of age or older, with common dining and recreational areas designed for the needs of the elderly. Services in these establishments include assistance with routine living functions that are non-medical in nature, such as dressing, grooming, bathing, and social and recreational services, such as meal services, transportation, housekeeping, linen, and organized social activities. An assisted living facility may include an adult day care as an accessory use. In addition, portions of the facility may be utilized for independent living without assistance. However, independent living may not be a stand-alone use.

Attendant Documents means materials needed to address the specific requirements of this ordinance which the applicant feels necessary to explain the submittal.

Auto Body, Paint and Repair Shop means an establishment that provides collision repair services for automobiles and light trucks and other similar motor vehicles, including body frame straightening and repair, replacement of damaged parts and painting. The term "auto body, painting and repair shops" may also include general repairs.

Banquet Hall or Events Center means a facility or hall which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries, corporate events, and other similar celebrations. Such use may or may not include: 1) kitchen facilities for the preparation or catering of food; 2) the sale of alcoholic beverages for on-premise consumption, only during scheduled events and not open to the general public; and 3) outdoor gardens or reception facilities.

Bar means an establishment where seventy-five percent (75%) or more of monthly gross revenue sale is alcoholic beverages.

Bed and Breakfast means a private residence or commercial operation that offers sleeping accommodations and serves breakfasts at no extra cost to its lodgers.

Board means the Board of Adjustments of the City of Leander, Texas.

Board of Adjustments means a quasi-judicial body appointed by the Council which interprets the provisions of this ordinance as provided by state law.

Boarding House means a building other than a hotel occupied as a single housekeeping unit where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements for definite periods, but not to the public or transients.

Brewpub means an establishment containing both a restaurant and a brewery that produces beer for on site sale and consumption.

Buffer Zone means a vegetated area adjacent to a creek, river, or natural drainageway that is required to be free of impervious cover and in which Development is restricted as provided in Section 49 of the Subdivision Ordinance.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land, has one or more floors and a roof, and has enclosed walls for fifty (50%) percent of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof."

Building Envelope means the area on a lot that encompasses all development including but not limited to structure and associated setbacks, decks, pools, parking, grading, and other similar improvements.

Building Front (a.k.a. Front Primary Building Facade) means the side or sides of the building facing a street with a door or other primary frontage features.

Building Height. See Height.

Building Permit means a permit issued by the City of Leander which is required prior to commencing construction or reconstruction of any structure.

Building Setback Line means a line or lines designating the limit of the area of a lot where structures may be erected. The building lines generally provide the boundaries of the permissible building footprint on any given lot and no structure or building shall be erected between a building setback line and the corresponding lot line. The building line does not apply to building projections, e.g. eaves, awnings, window boxes, and porch overhangs that do not extend further that 18" from the building line or other projections as specifically stated herein.

Building Setback Line, Front means a line or lines designating the minimum distance the front wall of a structure is required to be from the front property line. The front wall shall be considered to be the wall or walls on the side of the house where the front door is located. For reverse frontage lots where the front and rear of the house face a street, both frontages shall be considered the front for purposes of establishing the building setback and the exterior wall building materials. The building line does not apply to building projections, e.g. eaves, awnings, window boxes, and porch overhangs that do not extend further than two feet from the building line or other projections as specifically stated herein.

Caliper means the trunk diameter of a tree at four (4) feet above natural grade for existing trees for the purposes of a tree survey. Caliper means the trunk diameter of a tree at twelve (12") inches above natural grade for new trees.

Carrier means a company that provides wireless services for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Centerline of a Waterway means a line that follows the lowest cross-sectional elevations of the waterway. If not readily discernible, the centerline shall be determined by (first) the low flow line, or (second) the center of the two (2) year floodplain.

City means the City of Leander, Texas.

City Building Official means a member of City staff who has the duty of administering this ordinance.

City Council or Council means the Leander City Council.

City Engineer means the City Engineer for the City or his/her designated representative.

City Limits means within the incorporated boundaries of the City.

City Manager means the chief executive officer of the City of Leander, Texas or his/her authorized designee.

City Staff means the officers, departments, employees, and agents of the City assigned and designated from time to time by the City Manager and/or Council, including but not limited to the Director of Planning, to review, comment and/or report on zoning applications.

City Standard Details and Specifications means a library of City approved drawings and technical data representing typical drainage, transportation, erosion & sedimentation control, and utility appurtenances to be constructed for City acceptance.

Clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians practicing medicine individually or collectively.

Club means a building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not for profit or to render a service which is customarily carried on as a business.

Co-location means the use of a single support system on the ground by more than one carrier (vertical co-location) and/or several support systems on an existing building or structure by more than one carrier.

Commercial District means one or more composite districts containing a commercial component (LO - Local Office, LC - Local Commercial, GC - General Commercial) or a PUD district approved for such uses.

Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used to transport passengers or property that:

(A)

Has a gross combination weight rating of 17,000 or more pounds, including a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

(B)

Has a gross vehicle weight rating of 17,000 or more pounds;

(C)

Is designed to transport 16 or more passengers, including the driver; or

(D)

Is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.

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

Composite Zoning District means a City zoning district defined by this ordinance and consisting of a use component, a site component and an architectural component.

Construction Plans means the maps, drawings, plans and specifications indicating the proposed location and design of improvements to be installed as part of a development.

Contiguous means adjacent property whose property lines are shared or are separated by only a street, alley, easement or right-of-way.

Controller means an electric timing device that operates each zone of an irrigation system for a preset time and frequency. Water conservation features include cycle and soak (multiple cycle), rain sensor capability and a water budget feature.

Corner Lot means a lot located contiguous to the intersection of two (2) or more streets.

Cosmetic services means the retail services focused on matters of personal cosmetic health and beauty which are typically elective in nature, such as but not limited to hair and nail salons, spas, massage therapy, waxing, permanent makeup (meaning producing designs that resemble makeup such as eye lining and enhancing colors to the skin of the face, lips and eyelids), microblading, microdermabrasion, botox, chemical peels, facials, tanning, eyelash extensions, and eyebrow threading. This definition does not include tattoo or piercing shops.

Council means the City Council of the City of Leander.

County means Williamson County with respect to land located in Williamson County, Texas; and, Travis County with respect to land located within Travis County, Texas.

County Appraisal District means the Williamson County Appraisal District for land in Williamson County; and the Travis Central Appraisal District for land in Travis County.

Critical Root Zone means a circular area centered around the trunk of a Significant Tree, equal to one (1) foot in radius for each one (1) inch Caliper.

Dark Sky means the use of lighting in a way that directs the light source away from the sky in order for the night sky to remain relatively free of interference from artificial light. This type of lighting is in compliance with the International Dark Sky Association standards.

Day Care Center means a child care facility that provides care less than 24 hours a day for more than twelve (12) children under age fourteen (14) and licensed by the State of Texas.

Decorative Groundcover means associated aggregate materials that are intended to create decorative, pervious or semi-pervious areas within the landscape. Typical materials used as decorative groundcover are: decomposed granite, crushed granite gravel, river rock, pea gravel, tumbled glass and bark mulch. Decorative groundcover shall be shown graphically by a delineated boundary of the area to be covered and an associated call-out that includes the name of the material, depth of material and square footage of area to be covered.

Developed Area means the area of the lot or tract of land utilized for a development. When the lot is not proposed for full development and is anticipated to have additional phases of development, such area includes all portions of the lot necessary for the proposed phase of the development. Such area includes all proposed structures, parking areas, setbacks, landscaping, utilities, drainage facilities (including detention and water quality ponds), outdoor storage areas, recreational areas, and any other improvements or uses associated with the proposed development phase.

Developer means the legal owner or lessee of land to be improved and/or subdivided or authorized representative of any such owner or lessee.

Development means the construction or placement of any buildings, utilities, access, roads, parking facilities, driveways or other structures or physical improvements, excavation, mining, dredging, grading, filling, clearing or removing vegetation, and the deposit of refuse, waste or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces, and ranching and farming shall not constitute development. Utility, drainage, and street repair, and any construction[,] maintenance and installation which does not require land disturbance or result in additional impervious cover shall also not constitute development.

Director of Planning and Community Development or Director of Planning means the Director of Planning and Community Development for the City or his/her designated representative.

Disabled or Disability means a physical or mental impairment which substantially limits one or more major life activities; a record of such impairment; or being regarded as having such an impairment, but does not include current, illegal use of a controlled substance.

District means a composite zoning district or a PUD district as described herein, which is a part of the City of Leander, Texas, wherein the regulations of this section [ordinance] are uniform. A use, site or architectural component is not considered a zoning district except for a PUD. Use, site and architectural components must be combined to create a composite zoning district.

Dog Park means a facility set aside for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners.

Double Frontage Lot. See Reverse Frontage Lot.

Drainageway. See Waterway.

Drip Irrigation means a method of irrigation which is typically installed below ground and consists of porous piping that allows the application of water at a slow and constant rate.

Drive Approach means a paved surface connecting the street to a front lot line.

Driveway means any vehicular driving surface connecting a drive approach.

Drought Tolerant Turf Grasses means turf grass varieties and mixes that have been developed to minimize, once established, the requirements for irrigation, mowing, weeding and fertilizer in central Texas landscapes and have summer-dormancy capabilities. Drought-tolerant turf grasses include species such as Buffalo, Bermuda hybrids that do not produce viable seed, Zoysia, and HABITURF(r). St. Augustine is not considered a drought-tolerant turf grass.

Dry Utility means improvements placed or installed for the purpose of producing, generating, transmitting, selling or furnishing electric, telecommunications, natural gas, or propane service from a utility provider. This definition does not include improvements installed for the purpose of distributing potable or nonpotable water, collecting and treating wastewater/sewage, or conveying rainfall runoff.

Dwelling means any building or portion thereof which is designed for or used exclusively for residential purposes, including single-family, two-family and multifamily dwellings, but not including hotels, motels, campers, trailers, or other similar structures.

Dwelling, Accessory means a secondary dwelling unit built on a legal lot in addition to a principal dwelling unit or primary residence.

Dwelling Unit means a residential unit designed to accommodate one (1) household for living, sleeping, eating, cooking and sanitation.

Easement means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said property.

EIA means Electronic Industries Association.

EIA-222 means Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures."

Entertainment Overlay means an area designated by the Planning & Zoning Commission and City Council that allows for alternative standards regarding noise, lighting, and use regulations. This overlay is a regulatory tool that creates a special zoning district, placed over an existing base zoning district, which identifies special provisions in addition to those in the underlying base zone.

Environment means the aggregate of social and physical conditions that influence the life of the individual and/or community.

Equipment Enclosure means a small enclosed structure, shelter, cabinet, box or vault at the base of the support system within which are housed batteries, electrical equipment, mechanical equipment or other equipment either below, above or at grade.

ETT (Electric Transmission Tower) means a self-supporting structure in excess of 50 feet (15 meters) in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers.

Executive Director of Development Services means the person appointed by the City Manager to oversee the Development Services Department and serve as the Planning Director.

FAA means Federal Aviation Administration.

Family means one (1) or more individuals living together as a single household, as distinguished from a group occupying a boarding house or hotel as defined herein.

Family Home means the use of a site for the provision of a family-based facility providing 24-hour care in a protected living arrangement with not more than two supervisory personnel and not more than six residents who are suffering from orthopedic, visual, speech, or hearing impairments, Alzheimer's disease, pre-senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism or emotional illness.

Farmers' Market means the offering for sale of fresh agricultural products and Locally Produced goods directly to the customer at an open air market event at which at least forty (40%) of the vendors are farmers or other food producers. The Farmer's Market may include vendors who are not farmers or food producers to include hand made products and artisan goods.

Farmers' Market Permanent Use means a Farmers' Market held at a permanent location designed for a Farmers' Market and authorized by a special use permit.

Farmers' Market Temporary Use means a Farmers' Market held at a temporary outdoor location within an Entertainment Overlay.

FCC means Federal Communications Commission.

Filing Date means, with respect to plans governed by this Ordinance, the date that plans are determined to be complete and are accepted for review by the City.

Fire Chief means the Fire Chief for the City or his/her designated representative.

Floodplain means a waterway and the adjacent land area subject to inundation during the design storm.

Floor Area, Gross means the sum of the horizontal areas of the floors of a building measured from the exterior face of exterior walls or, if appropriate, from the centerline of a dividing wall.

Front Yard means an area between any required front building setback and the front property line.

Frontage means the width of a lot or parcel abutting a public right-of-way measured at the property line.

Fully Automated WCF means no on-site personnel required for the daily operation of the WCF.

Gaming Room Facility means a place to deal, operate, carry on, conduct, maintain, or expose for play any game, sports book, promotion, sweepstakes, or other activity electronic or otherwise that may or may not confer upon the patrons or participants the right, chance, or ability to win and or claim prizes.

Gaming Device means a clock, tape machine, slot machine, or other machine or device for the reception of money or other thing of value on chance or skill or upon action of which money or other thing of value is staked, hazarded, bet, won, or lost; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. It does not include:

(1)

A coin-in-slot-operated mechanical device played for amusement that rewards the player with the right to replay such mechanical device; or

(2)

Vending machines by which full and adequate return is made for the money invested and in which there is no element of chance or hazard.

Garage means a structure or part thereof, designed, used or intended to be used for the parking and storage of motor vehicles. A garage is considered to be part of the primary structure for single-family residential purposes. A garage shall include paved, vehicular access to a street.

Grade means slope; the topographic relief of the land surface; or a standard of material such as "exterior grade."

Grading means any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition.

Groundcover means plants, other than turf grasses, that have a growth habit ranging from six (6) inches to eighteen (18) inches in height at maturity and is intended to completely cover an area with no bare earth visible between plants when established.

Group Day Care Home means a facility that provides care for less than 24 hours a day for seven (7) to twelve (12) children under fourteen (14) years old.

Group Home means any Group Home-Class 1, Group Home-Class 2 or Group Home-Class 3.

Group Home-Class 1 means the use of a site for the provision of a family-based facility providing 24-hour care in a protected living arrangement for not more than 6 residents and 2 supervisory personnel; provided that a Group Home-Class 1 for not more than 16 residents and 3 supervisory personnel for the facilities listed in this definition may be located in the MF or NR Use Components. This use includes foster homes, congregate living facilities for persons 60 years of age or older, maternity homes, and homes for persons with physical or mental impairments not listed in the description of family home use. Persons with physical or mental impairments are persons whose impairments substantially limit one or more of the persons' major life activities, who have a record of the impairment, or who are regarded as having the impairment, as defined in the Americans with Disabilities Act. (Ordinance 18-075-00, sec. 2, adopted 12/6/18)

Group Home, Class 2 means the use of a site for the provision of a family-based facility providing 24-hour care in a protected living arrangement for more than 6 but not more than 15 residents and not more than 3 supervisory personnel. This use includes foster homes, homes for the physically and mentally impaired, homes for the developmentally disabled, congregate living facilities for persons 60 years of age or older, maternity homes, emergency shelters for victims of crime, abuse, or neglect, and residential rehabilitation facilities for alcohol and chemical dependence.

Group Home, Class 3 means the use of a site for the provision of a family-based facility providing 24-hour care in a protected living arrangement for not more than 15 residents and not more than 3 supervisory personnel. This use includes homes for juvenile delinquents, halfway houses providing residence instead of institutional sentencing, and halfway houses providing residence to those needing correctional and mental institutionalization.

Grow Green Guide means the Grow Green Guide to Native and Adaptive Landscape Plants published by the City of Austin Watershed Protection Department and the Texas AgriLife Extension Service as amended from time to time. This guide provides earthwise plant choices for developments in the region.

Guy Wire means diagonal cables utilized to tie towers to the ground or other surfaces.

Hardscape means nonliving materials utilized as landscape improvements such as sidewalks, decks, fences, statuary, fountains, benches, etc.

Height means the vertical distance measured from the finished floor to the highest point of any and all components of the structure, including roof, antennas, hazard lighting, and other appurtenances, if any, except for those improvements listed in Article VIII, Sec. 8.

Heritage Tree means a living tree that the City desires to preserve to the greatest extent possible. They are those trees identified in the preferred plant list maintained by the Planning Department or the Grow Green Guide that are greater than twenty-six (26) caliper inches. They do not include hackbeny, mountain juniper, ash juniper, bois d'arc, cottonwood, chinaberry or sycamore or any other invasive species listed in the Grow Green Guide, except for an unusually large or significant specimen.

Home Occupation means an occupation that is incidental and secondary to the primary use of the premises as a residence and customarily conducted in a residential dwelling unit by a member of the occupant's family, entirely within an enclosed structure, provided such use is not detrimental or injurious to adjoining property and meets the conditions established in Article IV, Section 9 [8].

Hospital means an institution providing primary health care services, including in-patient medical or surgical care, including related facilities such as out-patient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, maintenance and parking facilities. Typical uses include medical centers and hospitals.

Hotel means a building in which lodging or boarding and lodging are provided and offered to the public for compensation for a period of less than thirty (30) days and in which ingress and egress to and from all rooms is made through and inside a lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradiction to a boarding house, a lodging house, or an apartment.

Hotel, Boutique means a small hotel with less than fifty (50) guest rooms that is not accessed from a Toll Road or Arterial. A boutique hotel is not part of a large hotel chain and typically has a unique location and may be associated with specialty amenities such as a spa or live entertainment.

Hotel, Extended Stay means a hotel offering individual guest rooms or suites for rent intended to be used for stays which may exceed thirty (30) days. An extended stay hotel may include meeting rooms, recreational facilities for renters, and suites may have full kitchen facilities to accommodate extended stays.

Hotel, Full Service means a hotel that includes a minimum of one hundred (100) guest rooms, a full service restaurant, meeting rooms, and guest services that are customary to hotel services amenities such as dry cleaning service, fitness centers, laundry facilities, and/or spa services.

Hotel, Limited Service means a hotel that does not provide additional guest services beyond the customary hotel services and amenities.

Household means any one of the following:

(1)

One or more persons related by blood, marriage, legal guardianship, or adoption, living together in a dwelling unit.

(2)

A group of not more than four persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit.

(3)

Two unrelated persons and their children living together in a dwelling unit.

Illegal Lot means a lot which is part of a subdivision recorded at the county, created when it was subject to approval by a governmental entity which has subdivision approval authority as enabled by the State of Texas, was not approved by such entity, and was not otherwise exempt from such approval.

Illegal Tract means a tract which was created when it was subject to review by a governmental entity which has subdivision approval authority as enabled by the State of Texas, was not approved by such entity and was not otherwise exempt from such approval.

Impervious Cover means roads, parking areas, buildings, swimming pools, rooftop landscapes and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.

Improvements means any street, alley, roadway, barricade, sidewalk, bikeway, pedestrian way, water distribution system, wastewater collection system, storm drainage system, public parkland, landscaping, or other facility or portion thereof for which the local government may ultimately assume responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.

Industrial District means one or more composite districts containing an industrial component (HC - Heavy Commercial, HI - Heavy Industrial) or a PUD district approved for such uses.

Interior Lot means a lot other than a Corner Lot.

Landscape plan means a graphic that includes a planting plan, an irrigation plan and a grading plan drawn at the same scale and that clearly and accurately identify specified plants, irrigation layout, equipment, finish grade and drainage, specifications and construction details, plan sheet numbers and drawing date of plans and may include hardscape features.

Landscape reviewer means an employee or agent of the City who reviews site development permit applications for compliance with the landscaping and screening requirements of the zoning ordinance.

Landscaping means any combination of living plants, such as trees, shrubs, vines, ground cover, flowers or grass; natural features such as rock, stone, bark chips or shavings; and structural features, including but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences or benches.

Lattice Tower means a support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross section.

Legal Lot means either: a) a lot recorded in the official county plat records pursuant to and approved in compliance with the subdivision regulations in effect at the time of the subdivision or platting of such lot, by a governmental entity or entities which had subdivision approval authority as enabled by the State of Texas; or b) a lot, which is part of a subdivision recorded in the official county plat records, that existed in its present configuration prior to subdivision regulations applicable to the lot being in effect or that is otherwise exempt from such subdivision regulations. The City of Leander's subdivision regulations were first enacted on 4-24-78. The Williamson County subdivision regulations were first enacted on 2-21-85. The Travis County subdivision regulations were first enacted on 9-1-83.

Legal Tract means a tract of land recorded in the official county deed records and having existed in its present configuration prior to applicable subdivision regulations being in effect or otherwise being exempt from such regulations. The City of Leander Subdivision Ordinance was in effect on 4-24-78. The Williamson County Subdivision Ordinance was in effect on 2-21-85. The Travis County Subdivision Ordinance was in effect on 9-1-83.

Legally Platted Lot means a lot which is part of a subdivision approved by a governmental entity which has, or entities which have, subdivision approval authority as enabled by the State of Texas, and recorded in the official county plat records.

Licensed Carrier means a company authorized by the FCC.

Loading Space means an off-street space designed or used for a vehicle while loading or unloading merchandise or materials.

Locally Produced means agricultural products or goods produced within the State of Texas for the purpose of this ordinance.

Lot means a subdivision of land, tract or parcel intended as a unit for transfer of ownership, or for development, or for occupancy and/or use.

Lot Depth means the average horizontal distance between the front and rear property or lot lines.

Lot Width means the average horizontal distance between side property or lot lines. Lot width can also be identified as the measurement of the lot at the building setback line. The minimum lot width for lots fronting a cul-de-sac may be reduced to a minimum of thirty (30') feet at the front property line provided that the minimum required lot width is provided at the front setback line.

Lounge means any establishment or place of business in which patrons consume alcohol, smoke tobacco products, smoke hookah, or use vape products.

Manufactured Home means a residential structure constructed on or after June 15, 1976, in compliance with the rules and regulations of the United States Department of Housing and Urban Development, that is transportable in one (1) or more sections, 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.

Masonry means brick, stone, or stucco. Tilt wall faced in brick or stone, or stamped to looks like brick or stone also qualifies as masonry.

Measured from Property Line to Property Line means measuring the distance between the Smoke Shop or Vape Shop, as appropriate, and the public or private school in a direct line from the property line of the public or private school to the property line of the Smoke Shop or Vape Shop, as appropriate, and in a direct line across intersections.

Microbrewery, Microdistillery, or Microwinery means:

(a)

A Microbrewery is a facility that produces no more than 15,000 barrels of beer annually and which may include a tasting room and retail space.

(b)

A Microdistillery is a facility that produces no more than 5,000 gallons of spirituous beverages annually and which may include a tasting room and retail space. Also referred to as craft, boutique, or artisanal distilleries.

(c)

A Microwinery is a facility that produces no more than 50,000 gallons of wine and related beverages annually and which may include a tasting room and retail space, but does not include a vineyard.

Micro-Trenching means a technique used to lay cables in a narrow and shallow trench cut into roads and other surfaces. The trench is cut close to the seam where the road meets the curb. Once the line is laid, the trench is filled, and the seam is sealed to protect the line while restoring the integrity of the road surface.

Mini-Warehouse means a structure containing separate storage spaces of varying sizes leased or rented as individual leases. This term includes self-storage facility and mini-storage facility.

Mobile Food Establishment means a readily movable, motorized wheeled vehicle, or a towed wheeled vehicle, designed and equipped with heat producing equipment to cook, fry, or warm products to serve food and associated non-alcoholic beverages. This definition shall also apply to any associated uses such as seating, refuse containers, generators, or equipment associated with the mobile food establishment operation.

Mobile Food Establishment Temporary Use means a Mobile Food Establishment that locates temporarily on a property with an existing business, in accordance with the standards of this ordinance.

Mobile Food Establishment Park means a property used or developed to accommodate one or more Mobile Food Establishments as the primary use of the property. Mobile Food Establishment Parks must have a valid certificate of occupancy in addition to all other applicable permits and inspections.

Mobile Home means a residential structure constructed prior to June 15, 1976, that is transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used as a dwelling. No mobile home shall be placed or installed on any lot, tract or parcel of land within the City after the effective date of this ordinance.

Modular Housing means a residential structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site. This type of structure is designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system. It does not include:

(a)

Manufactured housing,

(b)

Housing constructed of sectional or panelized system that does not use a modular component, or

(c)

A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving to the home to a different location.

Monopole means a self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation.

Motel means a building or group of buildings used as a residence for motorists or travelers.

Multifamily Dwelling means a single structure designed to accommodate three (3) or more households.

Multi-Occupant Center means a development that includes three or more retail, entertainment, business, industrial, wholesale, or professional uses that share common facilities including parking, driveways, utilities, detention, and landscaping.

Natural Channel means the topography of a waterway prior to construction, installation or improvements thereof.

Natural Drainage means a stormwater runoff conveyance system not altered by development.

Natural State means substantially the same conditions of the land which existed prior to its development, including but not limited to, the same type, quality, quantity and distribution of soils, ground cover, vegetation and topographic features.

Neighborhood means the area of the City characterized by residential land uses which is bounded by physical features (such as river, major street, common access) and/or political features (such as voting districts, subdivision boundaries).

Neighborhood Park means a privately owned parcel of land, within a subdivision, dedicated solely for recreational uses and maintained by the residents of said subdivision.

Nightclub means an establishment where seventy-five percent (75%) or more of monthly gross revenue sale is alcoholic beverages and entertainment is provided.

Non-Automated WCF means a WCF with on-site personnel (see WCF this section).

Nonconforming Use means a use, building, or yard, lawfully existing on the effective date of this ordinance, which does not, by reason of design or use, conform to the regulations of the district in which it is situated.

Nonresidential Structure means a building or structure not constructed for residential purposes or as an accessory structure for residential purposes, not including nonconforming uses.

Nursing Home means a facility housing and providing care for persons who are aged, chronically ill, or incurable who are unable to care for themselves, but who do not need medical, surgical or other specialized treatment normally provided by a hospital. Services typically include custodial or attendant care and meals, but may or may not provide for routine and regular medical and nursing services. Nursing home includes homes for the aged, convalescent and rest homes, but does not include assisted living or senior apartments or hospitals or similar medical facilities.

Off-Site Improvements means any required improvement which lies outside of the property boundary of the land being developed.

Off-Street Parking Space means an area for one (1) motor vehicle not on a public street or alley, with an all weather surface (asphalt or concrete). A public street shall not be classified as off-street use, however, head-in parking or parallel parking spaces protected by raised peninsulas or islands adjacent to a public street may be considered as off-street parking if approved by the Director of Planning.

Office means a building used for executive, consulting, professional, management, or administrative services. Typical uses include administrative offices including, but not limited to, real estate, law, architectural design, accounting, insurance, property management, investment, personnel, travel, or business offices.

Office, Medical means an office used to provide consultation, diagnosis, therapy, or corrective treatment services by doctors, dentists, or other similar medical practitioners.

Office Warehouse means an establishment engaged in both the administration and management of, and the storage of, goods for themselves or other firms. Typical uses for the office portion include business functions related to the goods being stored. A limited amount of on-site sales activity with the customer present is expected. Typical uses for the warehouse portions include storage by retail stores such as furniture and appliance stores, household moving and general freight storage. The office/warehouse facility's typical design has an office entry on the street-facing side of the building and a warehouse and loading entry on the rear of the building. Uses for the warehouse portion shall not include major wholesale distribution centers, cold storage plants including frozen food lockers, storage of weapons and ammunition, truck or air freight terminals, bus barns, parcel services, major post offices, grain terminals, transfer and storage businesses and the stockpiling of sand, gravel or other aggregate materials. A minimum of twenty-five (25%) percent of the building shall be used for office purposes.

One Hundred (100) Year Floodplain. See Regulatory 100-year floodplain.

Open Air Vending means engaging in a commercial business within the City selling, displaying, exhibiting or offering for sale or for the purpose of taking orders, any goods, merchandise, products or services from any vehicle, cart, stand, stall, tent, or other such structure, from, in or upon any private premises or public property, outside a permanent, established structure which has received a certificate of occupancy and complies with the applicable zoning, building codes, and site development requirements of the City. The term does not include peddlers, solicitors, or itinerant vendors who continuously move about from place to place and who do not occupy any particular parcel of private property as a permanent or stationary place for the conduct of their business. The term shall exclude authorized mobile food, seasonal and temporary food establishments and garage sales compliant with the requirements of City Code.

Ornamental Tree means a tree that is identified as a small tree/large shrub in the preferred plant list maintained by the Planning Department or the Grow Green Guide.

Outdoor Animal Yard, Outdoor Animal Boarding or Other Un-soundproofed Animal Area means a commercial enterprise which includes an outdoor animal yard or any other commercial un-soundproofed animal area containing five or more animals and which charges a fee for services such as animal adoption, selling, trading, sitting, boarding, kenneling, training, veterinary care or exhibits, shows or similar activities where such activities are conducted in an outdoor animal yard or any other un-soundproofed animal area; and does not include public or private animal parks or activities associated with residential uses that are not on a fee basis. Un-soundproofed animal area does not include an area within a completely enclosed building that is insulated for typical weather conditions.

Outdoor Display means the display of sample inventory, merchandise, consignment items or other items for sale, rent or lease and outside a permanent, established structure which has received a certificate of occupancy and complies with the applicable zoning, building codes, and site development requirements of the City. Outdoor display includes landscaping, landscaping supplies, vehicles, RVs, trailers, farm equipment, construction equipment and accessory buildings for sale, rent or lease, but display of such items, or other similar items that would normally be utilized outside, is not limited to sample items. Except for items that would normally be stored and utilized outside, outdoor display occurs only during the business hours of the applicable business establishment.

Outdoor Music means a sound that is amplified and not fully enclosed by permanent, solid walls and a roof, or allowed to project out of an exterior doorway that is routinely opened.

Outdoor Storage means the storage or placement of any inventory; building, landscaping, construction or other materials; machinery; supplies; equipment; merchandise; and items being repaired or otherwise processed, stored, re-equipped, handled, assembled, distributed, inventoried, re-fitted, mixed, parked, or altered and not located within a permanent building approved by the City for such purpose. Outdoor storage includes inactive vehicles associated with the business, farm equipment, permanent outdoor equipment, construction equipment or other equipment waiting for repair, under repair, waiting for customer pickup or temporarily idle; RV and trailer storage; commercial vehicle parking, and wrecker impoundment vehicles. Outdoor storage does not include materials for a resident's personal use on a residential lot such as firewood, gardening materials, etc. or agricultural goods and equipment or vehicles for sale or lease.

Overspray means water that hits the hardscape or non-irrigated areas. Overspray is a major source of water waste in the landscape.

Parking Module means a parking area consisting of an aisle and parking spaces on at least one side of the aisle. Parking spaces on one side of an aisle is a single loaded parking module. Parking spaces on both sides of an aisle is a double loaded parking module.

Parking Space. See Off-Street Parking Space.

Paved Area means an area surfaced with asphalt, concrete or similar impervious pavement, providing an all-weather surface. Gravel or base material is not considered a paved surface.

Permanent means intended to last indefinitely, a minimum of six (6) months.

Plaza means and outdoor share spaced located within a Multi-Occupant Center that promotes public gatherings.

Planting Area means any area designed for landscape planting having a minimum of ten (10) square feet of actual plantable area and a minimum inside dimension on any side of eighteen (18) inches.

Primary Structure means a structure in which the principal use of the lot is conducted. For example, for single-family residential lots, the house is the primary structure.

Privacy Fence means an opaque fence or screen at least six (6) feet in height. A fence shall be considered opaque if it is made of opaque materials and constructed so that gaps in the fence do not exceed one-half (1/2) inch. Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half (1/2) inch.

Private Club. See Bar.

Public means, with respect to land and interests in land within the City limits, the City; and, with respect to land and interests in land within the ETJ limits, the general public.

Public Park means a City owned or leased parcel of land dedicated solely for public recreational uses and maintained by the City.

Public Use means places of noncommercial public assembly or administrative functions where the primary activity is contained within a building(s), including but not limited to churches, schools and government buildings.

PUD means a Planned Unit Development zoning district.

Rain Sensor means an electric device that measures rainfall and will override the irrigation cycle of an irrigation system, turning it off when a predetermined amount of rain has fallen. It is suggested that rain sensors be set/adjusted so they automatically shut off the irrigation system after not more than one-fourth inch (1/4 inch) of rainfall has occurred. Rain sensors must be installed according to manufacturer's instructions in a location that will provide full exposure to rainfall. They should also be maintained in good working condition.

Rainwater Harvesting System means all improvements associated with the collection, filtration, storage and conveyance of rainwater for purposes of utilizing this water for approved uses.

Rear Yard means an area between any required rear building setback line and the rear property line.

Regulatory 100-Year Floodplain means the One hundred (100) year floodplain as defined by the Federal Emergency Management Act (FEMA).

Replacement Trees means new landscape trees to be planted by the developer to replace Significant Trees removed during the development of property.

Research, Testing and Development Laboratory means an indoor facility where scientific research and development, not including biotechnology and nanotechnology or other research deemed hazardous by the Planning or Fire Departments, is conducted and analyses performed. These uses are typically characterized by controlled uniformity of conditions (constant temperature, humidity, cleanliness). No facilities for overnight stays by human test subjects shall be provided, nor shall such overnight stays be permitted. Typical uses include pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation and computer hardware and software. Allowed uses do not include the mass manufacture, fabrication, or processing of products. No outdoor storage is permitted. Research involving the use of animals or human cadavers is not permitted.

Research, Testing and Development Laboratory (Intense) means an indoor facility where scientific research and development is conducted and analyses performed. The business may include testing laboratories for product development, including the construction and testing of prototypes. Typical uses include biotechnology, nanotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation and computer hardware and software. Allowed uses also include the mass manufacture, fabrication, processing or on-site retail sale of products. Outdoor storage is permitted with the combination of the appropriate site component and adhering to the screening requirements listed in Article VI of the Composite Zoning Ordinance. Research involving the use of animals or human cadavers is not permitted unless conducted wholly within a building, and must be conducted in accordance with all applicable local, state, and federal regulations.

Residential Areas and Residential Districts means one or more composite districts containing a residential component (SFR, SFE, SFS, SFU, SFC, SFL, CH, SFT, SFU/MH, TF, TH, NR, or MF) or a PUD district approved for such uses.

Residential Condominium and Condo means a single-family unit that is occupied by one household. Condominium developments typically include multiple units on one lot with common ownership.

Restaurant means an establishment which collects revenues from the sale of prepared food for on-premise consumption and less than 75% of the revenues are from alcoholic beverages.

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

Reviewing departments means all departments of the City, or agents thereof, that engage in the review of site development permit applications for compliance with City code.

Right-of-Way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, or oil or gas pipeline, water distribution main, wastewater or storm sewer main, or for other similar purpose or use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereinafter established is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water distribution mains, wastewater and stormwater collection systems, or any other use involving maintenance by a public agency shall be dedicated to the public by the developer where such right-of-way is established.

Right-of-Way (With specific regards to wireless communication facilities) means all public streets and utility easements, now and hereafter owned by the City of Leander or other public entity, but only to the extent of the city or public entity's right, title, interest or authority to grant license to occupy and use such streets and easements for wireless communication facilities.

Service Area means contained areas within which a wireless communication facility is able to transmit clear signals, generally circular in form.

Setback Line. See Building Setback Line.

Sexually Oriented Business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, or nude model studio.

Shade Structure means gazebos, arbors, pergolas or similar structures intended as decorative features to provide respite from the sun and partial protection from the elements while still out of doors.

Shadow Flicker means the visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

Shrub means any self-supporting woody evergreen and/or deciduous species.

Side Yard means an area between any required side building setback and the side property line.

Significant Tree means a living tree that the City desires to preserve to the greatest extent possible. They are those trees identified in the preferred plant list maintained by the Planning Department or the Grow Green Guide. They do not include hackberry, mountain juniper, ash juniper, bois d'arc, cottonwood, chinaberry or sycamore, except for an unusually large or significant specimen or any other invasive species listed in the Grow Green Guide.

Single-Family District means one or more composite districts containing a single-family residential component (SFR, SFE, SFS, SFU, SFC, SFL, CH, SFT or SFU/MH) or a PUD district containing such uses.

Single-Family Dwelling means a building designed for or occupied exclusively by one (1) household.

Site Plan. A layout of all proposed site development showing the information required on the most recent site development application/checklist and this Chapter. A copy of the most recent site development application/checklist shall be kept on file in the Planning Department. The site development shall include all utility lines and utility facilities present and proposed to be installed on private property and/or street ROW.

Slope means the vertical change in elevation divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage.

Small wind energy system means a wind energy conversion system consisting of a wind generator, a tower, and associated control or conversion electronics, which has a rated capacity of 100 kilowatts or less and will be used primarily for on-site consumption.

Smart Code means the Smart Code adopted by the City of Leander, Texas.

Smoke Shop means a retail outlet whose main purpose is selling tobacco products, as that term is defined by the Food and Drug Administration, and smoking equipment.

Soil means the upper layer of the earth in which plants grow and contains humus, minerals, available nutrients, and beneficial microorganisms, resulting in a favorable condition for vegetative growth.

Solar Energy System means either of the following:

(a)

Any solar collector or other solar energy device, in compliance with the applicable International Building Code, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

(b)

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

Stealth means a telecommunications tower or antenna that is effectively camouflaged or concealed from view, i.e.: a man-made tree; clock tower; church steeple; bell tower; utility pole; light standard; identification pylon; flagpole; or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas.

Story means that portion of a building other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A storage area above a primary use is not considered a "story" for purposes of this ordinance. If a story is variable in height, for purposes of calculating masonry and other standards associated with this ordinance, the story shall be considered to be a consistent height equal to the height of the predominant story level.

Street means any public or private right-of-way which affords the primary means of vehicular access to abutting property.

Street Facing Garage [means] a garage that has a door oriented so that it faces a street or is within forty-five (45) degrees of such orientation. A garage door is considered facing a street even if there is another public ROW between the door and the street. A garage door is not considered facing a street if another building or other permanent screening material on-site is between the wall and the street and such building or materials block the view of the wall from the street by at least seventy-five percent (75%) from all adjacent primary view angles. Five-year projected maturity of any on-site evergreen planted materials may be considered in the screening assessment.

Street Facing Wall means the exterior wall of a building, including any offsets, projections or recesses, facing a street or within forty-five (45) degrees of such orientation and within four hundred (400) feet of the street. A wall is considered facing a street even if there is another public ROW between the wall and the street. A wall is not considered facing a street if another building or other permanent screening material on-site is between the wall and the street and such building or materials block the view of the wall from the street by at least seventy-five percent (75%) from all adjacent primary view angles. Five-year projected maturity of any on-site evergreen planted materials may be considered in the screening assessment.

Street Line means that line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the streets.

Street Pole means a telephone, electric or cable television pole located in a developed street right-of-way for public utility distribution.

Street Side Yard means an area between any required side building setback line and the side property line abutting a public right-of-way, and measured perpendicular to the building to the closest point of the side property line abutting the right-of-way.

Structural Alterations means any change in the supporting members of a structure, such as bearing walls, columns, beams, or girders.

Structure means any building or anything constructed or erected on the ground or which is attached to something located on the ground. Structures include, but are not limited to, buildings, telecommunication towers, sheds, covered parking, retaining walls 4 feet or higher (measured from the bottom of the footing to the top of the wall), permanent signs and other similar improvements.

Stucco means "Cement Plaster," as defined in the currently adopted version of the International Building Code (IBC), installed as an exterior wall covering in accordance with the requirements of the IBC.

Subdivision means the division or re-division of land into two (2) or more lots, tracts or parcels for the purpose of development, laying out any addition to the City, or for laying out any subdivision or building lots, or any lot, street, alley, access easement, public utility easement, park or other portion intended for use by the public, or for the use of any owner, purchaser, occupant, person or entity.

Submittal Schedule means a schedule prepared by the Director of Planning and adopted by the Planning & Zoning Commission. This schedule shall include filing dates and action dates associated with the site development permit applications.

Support Structure means the structure to which an antenna and other necessary associated hardware are attached. Support structures include, but are not limited to, the following:

(a)

Nonresidential structure;

(b)

Monopole—A single pole sunk into the ground and/or attached to a foundation;

(c)

Street pole—A telephone, electric or cable television pole located in a street right-of-way.

Theater, Indoor means an enclosed structure used for motion pictures, cultural or performing arts, and may include food and alcoholic beverage sales.

Tiny House means a single-family detached house that is between one hundred forty (140) square feet and seven hundred (700) square feet in size. This house is a permanent structure that is constructed on or off site.

Tower means a mast, pole, monopole, lattice, other structure primarily used to support antennas or an area of any building structure no larger than 15 x 15 ft.

Tower, Freestanding means a tower that is a self-supporting structure attached to the ground by a foundation, not physically attached to a building or structure.

Townhouse means an attached or detached single-family unit that is occupied by one household from the ground to the roof.

Traffic Impact Analysis (TIA) means a study of the impacts of a development on the City's transportation system conducted by a registered professional engineer.

Trailer, Recreational Vehicle, Mobile Home or Manufactured Home Camp or Park means a lot or tract of land utilized for two or more recreational vehicles, mobile homes, manufactured homes or similar residences manufactured with or able to be fitted with a truck (wheel and axle) assembly for the purpose of mobility.

Transportation Criteria Manual means the City of Austin Transportation Criteria Manual, dated August 7, 2020, as adopted and amended by this Ordinance.

Tree means any living, self-supporting woody plant species which normally grows to an overall minimum height of at least fifteen (15) feet.

Tree Survey means a scaled drawing accurately showing the location, caliper and critical root zone of significant trees in relation to the property boundaries.

Two-Family Dwelling means a building designed for or occupied exclusively by two (2) families.

Vape Shop means a retail outlet whose main purpose is selling vaping products. Vaping means using a vaporizer or inhalant-type devise, also known as an electronic cigarette, that contains a power source and heating element designed to heat a substance and inhaling the vapor of the device directly through the mouth, whether or not the vapor contains nicotine.

Variance means a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance.

Vet Clinic means a facility for the care, diagnosis and medical treatment by a licensed veterinarian.

Vines means any woody or herbaceous plants which may cling by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants.

Wall, Front means any wall surface of a building or structure that includes the front door and faces a street adjacent to the building or structure, or is offset by less than forty-five (45) degrees from the street, or as determined by the Director of Planning, and includes all projections or insets from such wall.

Wall, Side means any wall surface of a building or structure not a front wall that faces a side property line adjacent to the building or structure, or is offset by less than forty-five (45) degrees from the side property line, or as determined by the Director of Planning, and includes all projections or insets from such wall.

Wall, Street Facing. See Street Facing Wall.

Watershed means area from which stormwater drains into a given basin, river or creek.

Waterway means any natural or man-made channel conducting stormwater from a two (2) year storm event at a depth of eight (8) inches or more and at a rate of fifteen (15) cubic feet per second or more. Street pavement shall in no instance be considered a waterway.

WCF (wireless communication facility) means a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area, and other necessary development.

Whip Antenna. See Omni-Directional Antenna.

Wildscape is a word combination of wildlife and landscape, denoting landscaping for wildlife. Wildscapes are small habitats that provide three essential ingredients for a variety of wildlife - food, water and shelter. Native plant materials are a major component of a wildscape.

Wood Yard means a tract of property used for the storage of wood either for use as firewood or as a building material. Usually the area is fenced for safety and security reasons.

Wrap Building means a building that includes retail or office space around an above-grade parking structure. The commercial uses screen the parking garage from view of the street. (Ordinance 20-084-00, sec. 2, adopted 11/19/20)

Yard means an open area between any required building setback line and the relevant property line not subject to public ROW.

Xeriscaping is the practice of designing landscapes to reduce or eliminate the need for irrigation. This means xeriscaped landscapes need little or no water beyond what the natural climate provides. The term "xeriscape" is registered trademark of the National Xeriscape Council and means water-conserving, drought-tolerant landscaping.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 06-048-00, sec. 2, adopted 12/7/06; Ordinance 05-018-30, sec. 2, adopted 2/15/07; Ordinance 11-014-00, sec. 1(a), 1(b), adopted 6/2/11; Ordinance 11-015-00, sec. 2, adopted 6/2/11; Ordinance 11-016-00, sec. 2, adopted 6/2/11; Ordinance 12-006-00, sec. 2, adopted 2/2/12; Ordinance 12-042-00, sec. 2, adopted 9/6/12; Ordinance 14-040-00, sec. 2, adopted 7/17/14; Ordinance 14-075-00, sec. 2, adopted 12/4/14; Ordinance 16-065-00, secs. 2, 3, adopted 7/21/16; Ordinance 16-095-00, sec. 2, adopted 1/5/17; Ordinance 17-012-00, secs. 2, 3, adopted 3/2/17; Ordinance 18-075-00, sec. 2, adopted 12/6/18; Ordinance 19-045-00, sec. 2, adopted 8/15/19; Ordinance 20-022-00, secs. 3, 4, adopted 4/21/20; Ordinance 20-084-00, sec. 2, adopted 11/19/20; Ordinance 22-042-00 adopted 5/5/22; Ordinance 22-067-00 adopted 8/4/22; Ord. No. 23-035-00, § 2, 6-15-2023; Ord. No. 23-035-00, § 2, 6-15-2023; Ord. No. 24-055-00, § 2, 6-20-2024; Ord. No. 24-065-00, §§ 2, 3, 7-18-2024; Ord. No. 25-058-00, § 2, 8-21-2025)

In order to carry out the purposes hereinabove stated, it is hereby declared to be the policy of the City to consider the zoning of land as subject to the control of the municipality, pursuant to this ordinance and the Comprehensive Plan, as adopted or amended from time to time, for the orderly, planned, efficient and economical development of the City and its jurisdiction.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, secs. 4, 5, adopted 3/2/17; Ordinance 17-049-00 adopted 7/20/17; Ordinance 19-044-00, secs. 3, 4, adopted 8/15/19; Ordinance 20-022-00, sec. 5, adopted 4/21/20)

The provisions of this ordinance shall, except as specifically provided otherwise in this ordinance, apply to all land within the jurisdiction of the City.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, secs. 4, 5, adopted 3/2/17; Ordinance 17-049-00 adopted 7/20/17; Ordinance 19-044-00, secs. 3, 4, adopted 8/15/19; Ordinance 20-022-00, sec. 5, adopted 4/21/20)

The provisions of this ordinance shall not apply to:

(a)

Cemeteries which obtain a Special Use Permit and comply with all state and local laws and regulations;

(b)

Legal lots, parcels or tracts created by order of a court of competent jurisdiction;

(c)

Commitments for the construction of public utility buildings for the City made prior to the passage of this ordinance.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, secs. 4, 5, adopted 3/2/17; Ordinance 17-049-00 adopted 7/20/17; Ordinance 19-044-00, secs. 3, 4, adopted 8/15/19; Ordinance 20-022-00, sec. 5, adopted 4/21/20)

(a)

No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the City for or with respect to any land within the City limits for any parcel or plat of land for which development was initiated or restarted after the effective date of, and not in conformity with, the provisions of this ordinance, until all applicable requirements of this ordinance have been satisfied and accepted by the City of Leander.

(b)

This ordinance may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken, any person who violates any term or provision of this ordinance, with respect to any land or development within the City, [shall be punishable] by fine and penalties as provided herein.

(Ordinance 05-018-00 adopted 9/1/05; Ordinance 17-012-00, secs. 4, 5, adopted 3/2/17; Ordinance 17-049-00 adopted 7/20/17; Ordinance 19-044-00, secs. 3, 4, adopted 8/15/19; Ordinance 20-022-00, sec. 5, adopted 4/21/20)