The following section contains definitions applicable to this ordinance.
Abandoned Sign.A permitted sign erected on property in conjunction with a particular use that has been discontinued for a period of 30 days or more.
Abandoned Vehicle.Any motor vehicle, trailer or semi-trailer, or watercraft that is inoperative and left unattended on public or private property; or that has remained illegally on public or private property; or that has remained on public or private property and (a) does not display valid registration plates or (b) displays registration plates of another vehicle.
Acceleration/Deceleration Lane.A portion of a roadway designed to allow vehicles to safely decelerate for turns onto intersecting streets or safely accelerate to merge with the prevailing traffic flow.
Accessory Dwelling Unit.A residential use, structure, or building incidental to the principal permitted or conditionally approved use on a site, whether comprising a portion of the principal structure on the site or located within an accessory structure or building.
Accessory Structure, Building or Use.A building or use that is all of the following: a) constructed or located on the same zoning as the main building, or use served, except as may be specifically provided elsewhere in this Ordinance; b) clearly incidental to, subordinate in purpose to, and serving the principal use; and c) either in the same ownership as the principal structure, building or use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of the principal use.
Adjacent.Abutting and directly connected to or bordering.
Adjustment of Numerical Standard.In the case of the granting of an administrative exception, an allowance for adjustment of a numerical standard by the City Manager or Board of Adjustment may be made, up to 10% from the minimum or maximum numerical standard. The standard is measured in decimal numbers, not percentages. For example, a 15-foot setback could be adjusted by +/- 1.5 feet. And a 35% impervious cover limit (0.35) could be adjusted upwards by 10% up to 38.5% or 0.10 x 0.35 = 0.385, instead of the original 35%.
Administrator.That person designated by the City Council to administer and enforce the provisions of this Unified Development Code.
Adult-Oriented Businessmeans, but is not limited to, an adult arcade, adult bookstore, adult cabaret, adult lounge, adult novelty shop, adult service business, or adult theater.
1. Adult Arcademeans a movie arcade, game arcade, or other business that primarily offers still or motion pictures or games that emphasize specified sexual activities or specified anatomical areas.
2. Adult Bookstoremeans a business:
a. that primarily offers books, magazines, films or videotapes, periodicals, or other printed or pictorial materials that emphasize specified sexual activities or specified anatomical areas; and
b. in which at least 35 percent of the gross floor area is devoted to offering merchandise described in above in (2)(a).
3. Adult Cabaretmeans a business that primarily offers live entertainment that emphasizes specified sexual activities or specified anatomical areas.
4. Adult Loungemeans an adult cabaret that serves alcoholic beverages.
5. Adult Novelty Shopmeans a business that primarily sells products that emphasize specified sexual activities or specified anatomical areas, and in which at least 35 percent of the gross floor area is devoted to the sale of those products.
6. Adult Service Businessmeans an adult encounter parlor, adult retreat, nude modeling studio, or a commercial enterprise that holds itself out to be primarily in the business of offering a service that is distinguished or characterized by an emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas.
7. Adult Theatermeans a business that primarily exhibits motion pictures that emphasize specified sexual activities or specified anatomical areas.
Agricultural Activity.Farming activities, including but not limited to plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise.
Agricultural Land.Land carried on the Williamson County Appraisal District tax rolls as agricultural land, or which is used for the purpose of conducting agricultural activities.
Agriculture.The use of land for the production and primary processing of food and fibers for sale, including cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal and poultry husbandry, and such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory facilities shall be clearly secondary to normal agricultural activities. Agriculture includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their byproducts.
Allowable Density.The total number of units permitted by the City for a tract of land. Allowable Density is based on the Gross Density and then factoring in the lot standards from Table 5.1 [4-4]).
Amending Plat.An amended plat is used to correct errors or omissions as long as it does not remove covenants Amended Plat - Any changes made to an approved preliminary or final plat. Also see grade elevation and grade-related terms.
Average Grade.The grade of the finished ground level at the midpoint of each exterior surface of a sign, or that of a structure to which a sign has been attached.
Back-to-Back Sign.A sign constructed on a single set of supports with messages visible on any side.
Banners and Balloons.Any animated, rotating, fluttering or nonstationary device made of flexible materials designed to attract attention.
Basement.That portion of a building having more than one-half (1/2) of its height below lot grade elevation.
Bed and Breakfast.A house that is used as a lodging facility for paying guests. A Bed and Breakfast is generally a smaller lodging facility than a hotel.
Best Management Practices (BMPs).Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxicants, and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures. BMPs [sic]
Block.An area of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, banks of waterways, or municipal boundary lines.
Block face.The properties abutting on one side of a street and lying between two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, nonsubdivided land, watercourse, or municipal boundary.
Board of Adjustment (BOA).The BOA reviews and makes recommendations of on [sic] an appeal of an Administrative Decision and Administrative Exception or Variance to a zoning decision.
Boarding and Rooming House.A residential building or portion thereof, other than a motel, or hotel, which contains lodging rooms which that accommodate not more than 20 persons who are not members of the keeper’s family. Lodging with or without meals is provided for compensation on a weekly or monthly basis.
Brother-sister groupmeans a group of two (2) or more organizations where the same five (5) or fewer common owners own a controlling interest in each group and taking into account the ownership of each common owner only to the extent ownership is identical with respect to each organization, the common owners are in control of more than fifty (50) percent of each organization.
BSEACD.Barton Springs Edwards Aquifer Conservation District
Buffer.A strip or area of land, identified on a site plan or in a zoning ordinance, established to separate one type of land use from another land use. Normally, the area is landscaped or kept in open space use.
Building Height.The vertical distance measured from the finished grade elevation to the highest point of the underside of the building beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the under side of rafters between the eaves and the ridge of a gable, hip, or gambrel roof.
Building Official.An agent of the City who inspects building construction for plan/permit compliance.
Building Permit.A written authorization to construct, erect, or alter a structure or building as issued by the City Manager.
Building, Principal.Any building which houses a primary or principal use of the land on which it is located.
Building Setback Line.A line measured a distance specified by this ordinance from the front, rear, and side lot lines on which no building or structure may be erected.
Caliper.The diameter of a tree trunk measured at four feet above the root collar.
Canopy.A roof-like structure of a permanent nature which may be freestanding or projected from a wall of a building or its supports.
Canopy Sign.Any type of building sign attached to, in any manner, or made a part of a canopy.
Canopy Tree.Canopy trees are trees that occupy the uppermost layer in a forest.
Cemetery.Land used for the burial of the dead, and dedicated for cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.
Certificate of Occupancy.The certificate issued by the City Manager or designee that permits the use of a building or premises in accordance with the approved plans or permits and the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
Child Care Center (or Day Care Centers).Any place, home or institution that receives nine (9) or more children under the age of fourteen (14) years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, when received for regular periods of time for compensation, provided that this definition shall not include public or private schools organized, operated, or approved under Texas laws, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending service, activities, or meetings.
City Council.The Mayor and City Council for the City of Liberty Hill.
Clearing.The removal of trees and brush from the land not including the ordinary mowing of grass.
Clinic - Medical or Dental.A building in which one or more specializing physicians and/or dentists have their offices. A clinic shall not include in-patient care (i.e., no overnight accommodation of patients).
Cluster Development.A development concept which encourages and permits variations in residential developments by allowing deviation in lot size, type of dwelling, lot coverage and open space from that which is normally required in the applicable zoning district. Dwelling units are concentrated in a selected area or selected areas of the development tract in order to provide natural habitat or other open space uses (including agriculture) on the remainder.
Common ownershipshall mean owned by the same person or owned by persons within a parentsubsidiary group, brother-sister group, or a combination of those groups subject to the constructive ownership and attribution rules located in the Internal Revenue Code, I.R.C. section 1563(e).
Common plan of developmentshall mean a construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development (also known as a “common plan of development or sale”) is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning requests, or other similar documentation and activities. A common plan of development does not necessarily include all construction projects within the jurisdiction of a public entity (e.g. a City or County). Construction of roads or buildings in different parts of the jurisdiction would be considered separate “common plans,” with only the interconnected parts of a project being considered part of a “common plan” (e.g. a building and its associated parking lot and driveways, a building complex, etc.). Where discrete construction projects occur within a larger common plan of development or sale, but are located one-half (1/2) mile or more apart, and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale, provided that any interconnecting road, pipeline or utility project that is part of the same “common plan” is not included in the area to be disturbed.
Communication Tower.Any radio, television or communication antenna or tower for uplink, downlink, relay, broadcast or reception of communication signals, but not including either mobile transmitters and receivers or any such facilities with a transmission power of less than seven (7) watts.
Community Service.Community service is a use that can be allowed in a residential area with a special use permit. Community Service is for such uses for volunteer service organizations, church services, and other similar services for the benefit of the community (not necessarily a City service).
Community Service Signs.A sign that advertises or solicits support for a nonprofit community use, public use or social institution. Such signs may include, but shall not be limited to: seasonal holidays such as Christmas or Easter, school or religious activities, sports boosters, or events of community interest. Such signs shall be placed only by: units of local, state or federal governments; nonprofit organizations; schools, the chamber of commerce; or normally recognized religious organizations.
Community Sewerage System.Any system, whether publicly or privately owned, serving multiple lots, dwelling units, businesses, commercial or industrial establishments for the collection, transportation and disposal of sewage or industrial wastes of liquid nature, including various devices for the treatment of such sewage and industrial wastes.
Community Water Supply.A source of water and a distribution system, including treatment and storage facilities, whether publicly or privately owned, serving or providing potable water to multiple lots, dwelling units, businesses or commercial or industrial developments.
Competent evidence.Evidence that people of ordinary prudence would rely on in conducting their own affairs.
Comprehensive Plan.The Comprehensive Plan of The City of Liberty Hill, as approved by the City Council, including any amendments. or extensions.
Conditional Use.A specific use that would not be appropriate generally or without restriction, the granting of which shall be based upon a finding by the Planning and Zoning Commission that certain conditions governing the proposed conditional use as detailed in this Ordinance Code exist, that the use conforms to the Comprehensive Plan and that it is compatible with the existing neighborhood.
Construction Plans.The maps, drawings, and specifications indicating the proposed location and design of improvements to be installed in a subdivision/site plan.
County Road.A public road or street which that is part of the Highway Maintenance System of Williamson County.
Critical Environmental Features.Features which that have been determined to be of critical importance to the protection of one or more environmental resources. They include such features as bluffs, springs, canyon rim rocks, caves, sinkholes and wetlands.
Critical Root Zone (CRZ).A region measured outward from the trunk of the tree representing the essential area of the roots that must be conserved or preserved for the tree’s livelihood. The CRZ is measured as one foot of radial distance outward from the trunk for every inch of the tree caliper, and may not be less than a radius of eight feet[.]
Culvert.A drainage structure placed beneath an embankment typically with a span of less than twenty (20) feet.
Day.Calendar day, unless otherwise specified.
Demolition by Neglect.A condition where the principal structure of a historic resource has become unsafe as a result of 1) the deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, so as to create or permit a hazardous or unsafe condition to exist, or 2) the deterioration of the foundations, exterior walls, roofs, chimneys, doors, windows, the lack of adequate waterproofing, or the deterioration of interior features which that will or could result in permanent damage, injury, or loss of or loss to foundations, exterior walls, roofs, chimneys, doors, or windows.
Density.The allowable, proposed or existing number of dwelling units per acre within a defined and measurable area. Floodplain and areas designated for stormwater detention and retention shall not be included in density calculations.
Density Bonus.An increase in the number of units per acre not to exceed 120% of the Maximum Development Density (e.g., Maximum Density Bonus in Medium Density Residential is 4.8 units per acre).
Develop Land.To change the runoff characteristics of a parcel of land in conjunction with residential industrial, commercial, or institutional construction or alteration.
Developable Land (or Area).Land that is unconstrained by such conditions as steep slopes, floodways, floodplains, or adverse soil or water conditions that preclude development, and that does not have a significant environmental resource identified such as wetland, critical environmental features, or critical riparian habitats.
Developer.A person with freehold, possessor, or contractual interest in land proposed for development. See also “Subdivider” [sic].
Development.The construction or substantial alteration of open lands, or agricultural, residential, commercial, industrial, institutional, or transportation facilities or structures including any man-made change to improved or unimproved real estate, including, but not limited to buildings and other structures, dredging, fill, grading, paving, clearing, excavation, dumping, extraction, or storage of equipment or materials. Development includes the process of subdivision.
Development Project Completion.Means, for the purposes of a forestation, reforestation, or payment of “fees-in-lieu” into a fund: A) the release of the development bond, if required; B) acceptance of the project’s streets, utilities, and public services by the responsible Department(s); or C) designation by the City Council (Planning and Zoning Commission) that a development project has been completed, or a particular stage of a staged development project, including a planned unit development, has been completed.
Dilapidated Sign.Any sign that is structurally unsound, has defective parts, or is in need of painting or maintenance.
Directional Sign.A sign that is freestanding and whose primary purpose is to give directions to parking lots, exits, entrances, drive-through windows or similar locations.
Drive-through (also Drive-up Access).A place of business operated for the retail sale of products, services, or entertainment. It is designed to allow its patrons to be served or accommodated while remaining in their motor vehicles. Such business may also be designed to accommodate pedestrian traffic.
Driveway.A private access road, drive, or lane to an individual residence, which is contained within the lot or parcel and is not intended to serve any other lot or parcel of land.
Dwelling.A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings (not including hotels and motels).
Dwelling, Attached.A dwelling that is joined to another dwelling at one or more sides by a wall or part [party] walls.
Dwelling Unit.One room, or rooms connected together, constituting a separate, independent housekeeping establishment for human occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
Easement.A right to land generally established in a real estate instrument or on a recorded plat to permit the use of land by the public, a legal entity, or particular persons for specified uses.
Ecosystem.A more or less self-contained biological community together with the physical environment in which the community’s organisms occur.
Educational Facilities.An education facility is a public or private school (not a day care) for primary or secondary education. This also includes other educational services such as driver’s education, beauty school, etc.
Edwards Aquifer Related Terms.1. Contributing Zone.All land generally to the west and upstream of the Edwards Aquifer Recharge Zone that provides drainage into the Edwards Aquifer Recharge Zone.
2. Recharge Zone.The boundaries of the recharge zone shall encompass all land over the Edwards Aquifer, recharging the same, as determined by the Texas Commission on Environmental Quality (TCEQ formerly TNRCC) and the Barton Springs Edwards Aquifer Conservation District (BSEACD).
Electric Sign.A self-illuminated or externally illuminated sign or sign structure in which electric wiring, connections and/or fixtures are used, as part of the sign, to provide illumination.
Enclosed Storage.A building with walls on all sides, where items are stored for a fee.
Estoppels.A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth.
Excavation.Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated including the conditions resulting therefrom.
Existing Sign.Any sign erected, mounted or displayed prior to the adoption of this subchapter[.]
Exterior Features.The architectural style, design, and general arrangement of the exterior of a historic resource, including the color, nature, and texture of building materials, and the type and style of all windows, doors, light fixtures, signs, or other similar items found on, or related to, the exterior of a historic resource.
Extraterritorial Jurisdiction (ETJ).The unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located within one-half mile of those boundaries (in the case of a municipality with fewer than 5,000 inhabitants). The ETJ increases as population increases.
Facade.The entire building wall (including street wall face, parapet, fascia, windows, doors, canopy and roof) on any completed building.
Facade Easement.Applies to a Certificate of Design Compliance. In the case of a request of a Demolition of a Historical Site, the Front Facade of said historic building may remain after demolition as an easement to protect the facade in perpetuity.
Family.Two or more persons occupying a dwelling unit and using common cooking facilities, provided that unless all members are related by blood or marriage, or legal adoption, no such shall contain more than four (4) nonrelated persons. Family members related by blood or marriage shall be a father, mother, son, daughter, grandfather, grandmother, grandson and granddaughter.
Family Day Care.A private residence where eight (8) or fewer children receive care and supervision for periods of less than 24 hours per day.
Farm Plan.A “Soil Conservation and Water Quality Plan” prepared by the Soil Conservation District.
Fence.A barrier made of wire, wood, metal, masonry, or other material used as a screen or enclosure for a yard or open space. It includes a wall, gate, or structure which that functions to enclose an open space or yard; however, a retaining wall, freestanding sign, or landscape structure is not considered a fence except for that portion which that functions as a fence.
Fill.A deposit of materials of any kind placed by artificial means.
Final Plat.A final plat is a subdivision or drawing intended for recordation in the plat records of the county in which the subdivision is located. Final plat submittal will normally be consolidated with construction plan/development permit submittal. There are three types of final plats.
A final plat that requires a preliminary plan and concurrent construction plans for streets and infrastructure of the Land Development Code. The preliminary plan must be approved prior to the final plat approval.
Fiscal Surety.Fiscal surety is for the purpose of securing the estimated cost of completing capital improvements, should the City find it necessary to complete the improvements instead of the landowner or developer. Fiscal surety can be in the form of a line of credit or Assurance of Bonds.
Fixed Projection Sign.A sign, other than a flag sign, that extends outward for more than six inches from the facade of any building, and is rigidly affixed thereto.
Flashing Sign.A sign with flashing, blinking or moving lights, regardless of wattage, whether directly or indirectly illuminated, except for time and temperature signs. This includes a sign that uses traveling lights, traveling lighted messages, or flashing lights.
Flat Sign.A sign erected parallel to, attached within six inches of, and supported throughout its length by the facade of a building. A flat sign does not extend above that building.
Floodplain Related Terms1. Base Flood (Elevation) (BFE).The (flood) elevation of the lowest habitable floor of any building as established in a flood elevation certificate executed by a Texas licensed property line or land surveyor. A floor used only for storage purposes is not a habitable floor, nor is an unfinished area or enclosure usable solely for parking of vehicles or building access considered habitable. Where the boundaries of the flood and mudflow related erosion areas having special hazards have been designated as Zone A, M and/or E.
3. Floodplain.Land typically adjacent to a body of water with ground surface elevations that are inundated by the base flood.
5. Floodway.The channel of a river of or [sic] other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
7. Floodway Map.Map depicting floodways and special flood hazard areas which that are regulated by this Ordinance Code.
8. 100-Year Floodplain.An area along or adjacent to a stream or body of water that is capable of storing or conveying floodwaters during a 100-year frequency storm event, or a 100-year flood.
Freestanding Sign.A sign supported by a sign structure secured in the ground, and which is wholly independent of any building, fence, vehicle or other support. Freestanding signs may have more than one section, one of which may be changeable.
Frontage.The length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street; or if dead-ended, then all of the property abutting on one side between an intersection street and dead end of the same.
Garden Apartments.A type of multifamily housing. Dwelling units share a common outside access. Ownership is not a factor in this type of unit, and may be either rental or condominium.
General Development Plan.A map or plat designed to illustrate the general design features and street layout of a proposed subdivision which is proposed to be developed and platted in sections.
Geographic Information System (GIS).The City will maintain an electronic mapping system in National Geodetic Vertical Datum (NGVD) of 1929 elevation. Surveys and plats submitted for review and Flood Elevation Certificates are required to be referenced to NGVD. The GIS interface for the City is ArcView (an ESRI Product).
GPS.Global Positioning System - a technology used to identify exact geographical coordinates for use in surveying and planning.
Grade Elevation.A measurement determined by averaging the elevations of the finished ground at all corners and/or other principal points in the perimeter wall of the building.
Grading.Any stripping, excavating, filling, including hydraulic fill, stockpiling or any combination thereof. Grading does not include plowing, disking and cultivating for lawn establishment or renovation.
Gross Floor Area.The total area of all floors of a building measured to the outside surfaces of the exterior walls.
Gross Residential Density.The number of dwelling units allowed per the base zoning district multiplied by the total site acreage. This number will be affected by Lot Standards in Table 5.1 [4-4].
Gross Site Area.The total amount of acreage of raw land.
1. (Gross Density = Gross Site Area * Maximum Development Density)
Guarantee of Performance.A credit guarantee that a prospective developer provides to the City of Liberty Hill to provide assurances to the City that the work on the development (particularly infrastructure improvements) will be made according to original plans as approved.
Height.The vertical dimension measured from finished grade to the highest point of the thing being measured. See also: Building Height.
Historic Area Work Permit.A permit issued, or to be issued, by the City Manager, authorizing work on a historic resource within a designated historic district or landmark.
Historic District.A historic resource comprised of 2 or more properties which that are significant as a cohesive unit and contribute to historical, architectural, archeological, or cultural values, which has been identified by the Historic Preservation Commission and duly classified pursuant to the procedures of the Texas Historical Commission. A historic district includes all property within its boundaries, and may overlay any zoning district.
Historic Landmark.Any individual historic resource that is significant and contributes to historical, architectural, archeological, or cultural values, which has been identified by the Texas Historical Commission and duly classified.
Historic Resource.An area of land, building, structure, or object, or a group or combination thereof, including appurtenances and environmental setting which that may be significant in national, state, or local history, architecture, archeology, or culture.
Home Occupation.An accessory use as a personal service or profession or use customarily conducted within a dwelling carried on by a resident thereof, which does not change the residential character of the dwelling.
House Number.The coordinate number and street name assigned to any structure or parcel of land.
Immediate family.A person who is the applicant’s father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter.
Impervious Surfaces.All buildings, roads, parking and driveways, paving, patios, decks, stoops, porches, steps, walkways, piers, or swimming pools constructed on a lot which that [sic] reduce the infiltration capacity of the land or result in increased stormwater runoff. Wooden decks and walkways (or portions thereof) shall be credited by fifty (50) percent of there [sic] the total square footage.
Impracticable.Not capable of being put into practice or of being done or accomplished.
Incidental Sign.A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “no parking,” “entrance,” “loading only,” “telephone,” an address, and other similar directives limited to four square feet.
Industrial Park.A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations or government organizations.
Infiltration.The passage or movement of water into the soil surface. Also means, potable or nonpotable water from dripping or leaking pipes, valves, plumbing or fixtures, or seep water, rain water or stormwater entering in sewer lateral lines on private property through cracks, pipe joints, openings or other defects in the lateral line[.]
Inflatable Sign.A sign that is either expanded to its full dimensions or supported by gases contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.
Ingress/Egress Sign.A sign designating only the direction of ingress or egress of a parking area or driveway, such as “in,” “entrance,” “exit,” “one way,” “do not enter” or “no exit.”
Interior Sign.A sign displayed inside a building that is not within five feet of windows or doors.
Intermittent Stream.A stream which that has a period of zero flow for at least one week during most years. Where flow records are available, a stream with a 7Q2 flow of less than 0.1 ft3/s is considered intermittent.
Intrafamily transfer.A “bona fide intrafamily transfer” means a transfer to a member of the owner’s immediate family of a portion of the owner’s property for the purpose of establishing a residence for that family member.
Joint Use Facilities.Any facilities owned and maintained in common by the inhabitants of the development, including, but not limited to, drives, water systems, sewer systems, parking areas, open space, club houses, amenities, and developed recreation areas.
Junk (or Salvage) Yard.An open area where waste or scrap materials (including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles) are bought, sold, exchanged, stored, baled, packed, disassembled, or handled. A “junk or salvage yard” includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
Land-Based Aquaculture.The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
Landfills, Sanitary.Any one of the types of landfills regulated by the Texas Commission on Environmental Quality (TCEQ), including but not limited to municipal solid waste, industrial rubble, and land clearing debris landfills.
Landscape.Any combination of trees, ground cover, shrubs, vines, flowers or lawn planted in the ground or in ground-level containers.
Landscaping, Interior.A landscaped area or areas within the shortest line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways, providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
Landscaping Plan.A plan, showing dimensions and details for planting in a landscaped area.
Limited Access Highway.A trafficway including toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except as may be permitted by the public authority having jurisdiction over such trafficway.
Loading Space or Loading Zone.A space within the main building or on the same lot which that provides for the standing, loading, or unloading of trucks or other vehicles.
Logo.A trademark or company name symbol.
Lot.A portion of a subdivision or tract of land having frontage on a street or road which that is intended for development and which meets the requirements as a legal building site per this Ordinance Code.
Lot Area, Gross.The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a recorded river or stream segment.
Lot, Corner.A lot situated at the intersection of two (2) or more streets. On a corner lot, the front lot line is defined as that lot line which contains the narrowest of all street frontages abutting a public street or public/private right-of-way. However, for lots abutting any street designated as minor collector or higher in classification, all lot lines abutting such higher order streets shall be deemed front lot lines.
Lot Depth.The mean horizontal distance between the front lot line and rear lot line of a lot, measured within the lot boundaries.
Lot Line, Front.That boundary of a lot that is along an existing or dedicated public street, or, where no public street exists, is along a public way.
Lot Line, Rear.Any boundary of a lot that is not a front lot line or a side lot line but generally running parallel to, and opposite of, a front lot line.
Lot Line, Side.Any boundary of a lot that is not a front lot line or a rear lot line but generally running perpendicular to the front or rear lot lines.
Lot of Record.A parcel of land which that has been legally subdivided and recorded in the official public records of Williamson County.
Lot, Reversed Corner.A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
Lot, Through.A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a “through lot,” both street lines shall be deemed front lot lines.
Lot Width.The horizontal distance between the side lot lines of a lot measured at the narrowest width within the first thirty (30) feet of lot depth immediately in back of the front yard setback line.
Lot, Zoning.A single tract of land located within a block under contiguous ownership that meets the lot requirements for a permitted use as set forth in Chapter
4 and
5 of this Code.
Lowest Floor.The lowest floor of the lowest enclosed area of a building or structure, including the basement. An unfinished enclosure constructed of flood-resistant materials used solely for parking of vehicles, storage, or building access in an area other than a basement is not the lowest floor, as long as it is supplied with water equalizing vents.
Majority.1. Simple majority.The next whole number beyond fifty percent of the members present and voting (e.g., three out of either four or five; four out of either six or seven)[.]
2. Absolute majority.The next whole number beyond fifty percent of all members authorized to vote, including those not present or present but not voting.
3. Supermajority.The next whole number beyond a specified percent greater than fifty percent (e.g., two-thirds or three-fourths). A supermajority requirement may be either simple or absolute[.]
Manufactured Home, HUD Code.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, which, in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length, or when erected on-site, is three hundred and twenty (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 recreation vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
Marquee.Any permanent roof-like structure projecting beyond a building or extending from a facade, along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Marquee Sign.Any sign attached to, in any manner, or made a part of a marquee.
Maximum Development Density.Each Zoning District has a maximum number of units per acre that can be placed on a tract. This number ONLY provides the maximum number of units allowed on the site. The Net Yield is the total number of units that can be placed on a site after having factored in (see below) environmental constraints, right-of-way, drainage areas, impervious cover limitations, minimum lot size standards, all setbacks, and maximum lot coverage.
Mining.The act of exploring for or recovering stone, soil, peat, sand, gravel, limestone, coal, granite or other mineral resources from the ground for sale or for use off the property where it is recovered; it does not include removal of loose, surface stone, excavation related solely to agricultural activities or preparation of individual building sites.
Minor Plat.For the purposes of these regulations, a minor plat subdivision is defined as a subdivision:
1. Involving not more than five (5) lots fronting on an existing approved street; and
2. Not involving any new street or prospectively requiring any new street for access to interior property; and
3. Not requiring extension of public sewage or water lines to serve properties at the rear; and
4. Creating no new or residual parcels not conforming to the requirements of these regulations and related ordinances.
Mobile Home.A structure that was constructed before June 15, 1976, transportable in one or more sections, which [sic], transportable in one or more sections, which, in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length, or when erected on-site, is three hundred and twenty (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.
Mobile Home Park.Any site, lot, parcel, or tract of land that is improved, used, or intended for the accommodation of mobile homes that are used for living purposes.
Monument Sign.A sign which is attached directly to the ground or is supported by a sign structure that is placed on or anchored in the ground and is independent from any building or other structure.
Motel, Motor Court, Motor Hotel, Lodge, or Inn.The same as hotel, except it is designed to accommodate any number of guests, the building or buildings are designed primarily to serve tourists traveling by automobile, and ingress and egress to rooms need not be through a lobby or office.
Motor Vehicle.Any passenger vehicle, truck, truck-trailer, or semi-trailer propelled or drawn by mechanical power.
Moving Message Board.Any electrical sign having a continuous message flow across its surface by utilizing lights or other electrical impulses that form various words and/or designs, including but not limited to time and temperature signs.
Multiuse Sign.A commercial sign identifying more than one business or organization located on the premises.
Natural Features.Components and processes present in or produced by nature, including but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
Natural Ground Surface.The ground surface in its original state before grading, stripping, excavation, landscaping, or filling.
Nature-Dominated.A condition where landforms or biological communities, or both, have developed by natural process in the absence of human intervention.
Neighborhood Traffic Analysis (NTA)shall mean a traffic impact analysis for developments taking access from public streets that would result in a trip generation of more than an average of five hundred (500) trips per day based upon the latest edition of the ITE Trip Generation Manual or more net new daily vehicle trips or if the application is for a public or private primary, intermediate, or secondary educational facilities.
Net Site Area.Net Site Area includes only the portions of a site that lie in an uplands zone and have not been designated for wastewater irrigation. Net Site Area is the aggregate of:
1. 100 percent of land with a gradient of 15% or less;
2. 40% of the land with a gradient of more than 15% and not more than 25%; and
3. 20% of the land with a gradient of more than 25% and not more than 35%.
4. (Impervious Cover calculations are based on the Net Site Area.)
Net site area can include floodplains in the calculations (except for areas above the Edwards Aquifer Recharge Zone) if floodplains are used as public space for such uses as public open space, parks, or hike and bike trails.
Net Yield.The total number of units allowed (not yet permitted) based on the Preliminary Yield and Lot Standards for a tract.
NGVD.National Geodetic Vertical Datum of 1929 elevation reference points set by the National Geodetic Survey based on mean sea level. Surveys submitted for review and Flood Elevation Certificates are required to be referenced to NGVD.
Noise-Related Terms.1. Sound Level.The weighted sound pressure level obtained by the use of the sound level meter and frequency-weighting network, as specified in the American National Standards Institute specifications.
2. Sound Pressure.The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy.
Nonconforming Sign.Except as otherwise defined herein, any sign with a valid permit that was erected or displayed prior to the effective date of this subchapter, or any subsequent amendment hereto, and does not conform with one or more of its provisions.
Nonconforming Structure.A structure that was lawfully erected but which does not conform to the currently applicable requirements and standards prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this Code.
Nonconforming Use.Any use of land, buildings, or structures, lawfully existing at the time of the enactment of this Code, or of any amendment hereto, governing use for the zoning district in which such use is located, which does not comply with all regulations of this its [sic] amendments.
Nonpoint Source Pollution.Pollution generated by diffuse land use activities rather than from an identifiable or discrete source or facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by “end-of-pipe treatment,” but rather, by changes in land management practices.
Noxious Matter.Material which that is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.
Noxious Plants.For the purposes of this Ordinance Code, noxious plants include: poison ivy, poison oak, kudzu and other plants that cause harm either because they are capable of causing harm to humans and animals by chemical reaction or are nonnative invasive species which that overwhelm native species and determined to be undesirable by the county or the state.
Nuisance.A use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience.
Nursery, Commercial and/or Gardening Supplies Sales.Any land used to raise or store trees, shrubs, flowers, and other plants for sale, facilities for the display and sale of those items and/or of gardening supplies, and accessory greenhouses, storage buildings, or customer parking areas.
Occupancy.Any use of, or activity upon, the premises.
Odorous Matter.Any matter or material that yields an odor which that most persons find to be offensive.
Off-Premises Sign.Any sign located, or proposed to be located, at any place other than upon the property of the business or other activity identified on such a sign. For purpose of this subchapter, easements and other appurtenances shall be considered outside such property. Community service signs, as approved by the City Council, are exceptions to this definition.
Offsets.Structures or actions that compensate for undesirable impacts.
Off-street Loading Facilities.A site or portion of a site located off of a public road devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
Off-Street Parking Space.The space located off of a public road, designed, intended, used or required to park one passenger vehicle.
On-Premises Sign.Any sign located or proposed to be located at any place, if otherwise permitted by this subchapter, within the property boundaries for the business or other activity identified on such sign.
Open Space Related Terms.1. Common Usable Open Space.Usable open space available for use by the occupants of more than one dwelling unit; controlled and maintained by a property owner or an incorporated nonprofit homeowners’ association; or dedicated in fee to, and maintained by, a public agency and devoted to use by residents who will occupy the dwellings. It does not include any space with a dimension of less than ten (10) feet in any direction or an area of less than one hundred (100) square feet.
2. Open Space.Any land developed or undeveloped, reserved or dedicated, as yards, parks, landscaped green areas, and recreational areas, and is exclusive of areas developed for off-street parking, structures and streets.
3. Private Open Space.An open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
4. Shared Open Space.An open area within a residential development reserved for the exclusive use of residents of the development and their guests.
Outlot.A piece or tract of land that remains within a subdivision but which that does not meet the minimum requirements of the Ordinance Code for a lot and is therefore not usable as a building site.
Outparcel.A tract of land designated on a subdivision plat for future development, or not designated for any specific purpose, that has not been evaluated for compliance with the requirements of this Ordinance Code for adequate facilities or zoning requirements and is, therefore, not usable as a legal building site. Outparcels may be the subject of a record plat or resubdivision provided the lot(s) created meet all requirements of the Ordinance Code prior to plat approval.
Parapet.A vertical false front or wall extension above the roof line.
Parcel.In the context of subdivision platting, a parcel is either a tract of land platted for a designated purpose other than as a legal building site (e.g. to meet the open space requirements of the Ordinance Code; to provide a well site, to provide a sewerage disposal parcel), or a tract of land that may meet zoning requirements for area, width, depth, etc., but is not intended for development due to environmental constraints, density restrictions or other legal encumbrances.
Parcel of Land.A contiguous legally-created lot, parcel, outlot, outparcel or residue owned and recorded as the property of the same persons, or controlled by a single entity.
Party Responsible.The party responsible for a sign shall be:
1. The person whose name of business is being identified on the sign, and/or
2. The owner of the premises upon which the sign is located.
Perennial Stream.A stream containing surface water throughout an average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle published by the United States Geologic Survey.
Performance Bond.A type of Fiscal Surety that can be used to guarantee site improvements.
Person.The federal government, the State, a county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, Manager, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.
Phased Project.A project developed pursuant to a subdivision or site plan, proposed to be developed in sections.
Physiographic Features.The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
Planned Development or Planned Unit Development (PUD).A Planned Unit Development District (PUD) is intended to provide a development that is more sensitive to the natural environment, creates an improved sense of place, or otherwise enhances the standard pattern of development in Liberty Hill. Development is required to provide a higher level of amenity to its users or residents than would be required under the normal standards of this code. A PUD may be used to permit new or innovative concepts in land use not permitted by other zoning districts in this code or to permit development projects that existing districts do not easily accommodate. This district is appropriate in areas where the Comprehensive Plan reflects the specific uses proposed in the PUD or mixed use as a land category. Rezoning to the PUD district requires a specific PUD ordinance and a General Development Plan from the property owner. See Section 3.6(6) [3.07.05] for further information on PUD applications and applicability. Generally a PUD is understood as a parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards, and may be awarded certain premiums in return for assurance of any overall quality of development, including any special feature which that will be of exceptional benefit to the community as a whole and which that would not otherwise be required by this Ordinance Code.
Plat.As used in this Ordinance Code, plat shall be a map of a tract of land showing boundaries of individual lots, outlots, parcels, and outparcels, and streets, easements and rights-of-way prepared in accordance with this Ordinance Code as an instrument for recording in the official Public Records of Williamson County.
Plat, Final.A plat prepared by a licensed surveyor or registered engineer and submitted to the City for final approval which that is duly acknowledged by the owners or proprietors of the land, or by some duly authorized agent of such owners or proprietors, in the manner required for the acknowledgement of deeds and which that is to be filed for record in the office of the county clerk of Williamson County.
Plat, Preliminary.A tentative drawing made by a licensed surveyor or registered engineer for inspection purposes only, showing the entire tract of land for which subdivision is sought. The drawing shall accurately describe all of said subdivision or addition by metes and bounds, locating the same with respect to an original corner of the original survey of which it is a part and giving dimensions thereof of said subdivision or addition, and dimensions of all streets, alleys, squares, parks, or other portions of same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent to.
Pole Sign.A sign that is mounted on one or more freestanding poles or other supports so that the bottom edge of the sign face is not in direct contact with a solid base or the ground.
Political Sign.A sign relating to: a political party, the election of a person to public office, or a matter to be voted upon at an election called by a public body.
Portable Sign.Any sign not permanently affixed to a building or structure, or not permanently attached to a mobile vehicle.
Postal Facilities.Postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service.
Preexisting.In existence prior to the effective date of a specific regulation or Ordinance Code.
Preliminary Yield.Preliminary Yield is the number of residential units [that] can fit on the Developable Land. This does not yet factor lot standards found in Table 5.1 [4-4].
Premises.A zoning location, together with all buildings and structures thereon.
Principal Use.A main or primary use of land, as distinguished from an “accessory use”. More than one principal use may exist on a tract if done so completely in accordance with this Ordinance Code.
Private Harvesting.The cutting and removal of trees for personal use, generally restricted to clearing of fewer than ten (10) trees on a site.
Private Road.A private access, drive, or lane to more than one residence which that is contained within the lot or parcel and which is not dedicated to the public.
Project.Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this Ordinance Code.
Project Sign.Any temporary sign, on premises, that may identify the project under construction by providing any of the following information: the project name, address and/or telephone number, the architect, the contractor, the developer, the financing organization, the subcontractor and/or materials vendor.
Projecting Sign.Any sign affixed to a wall of a building in a nonparallel manner.
Public right-of-way.Any street, avenue, boulevard, highway, sidewalk, alley, drain, or similar place which that is owned or controlled by a governmental entity. Also, a strip of land used, or intended to be used, wholly or in part, by said governmental entity.
Public Sewerage System.The entire system of sewage collection, treatment, and disposal. Also applies to all effluent carried by sewers whether it is sanitary sewage, industrial wastes, or stormwater runoff.
Public Utility.Any transmission line or electric generating station; or water, sewer, electric, gas, telephone, and television or data cable service line.
Real Estate Sign.A temporary sign erected by the owner, or his agent, advertising for the rental, leasing or sale of the real property upon which the sign is located.
Receiving Parcel.A lot or parcel of land in a zoning district where permitted, on which development rights transferred from a sending parcel, are used.
Reclamation.The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies.
Recreational Vehicle.A vehicle built on a single chassis that is four hundred (400) square feet or less at the longest horizontal projection, self propelled or towable, and designed primarily for temporary living while traveling or camping.
Recycling Centers.An enclosed building where recyclable materials separated from other waste materials, including, but not limited to, scrap metals, paper, textiles, glass, and plastics, are received for the purpose of processing for upgrading, particle size reduction, volume reduction, removal of undesired materials, baling, packing, disassembly, handling, or storage.
Redevelopment.The process of developing land which that is or has been developed.
Renewable Resource.A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.
Residence.A residential structure occupied as a dwelling place of one or more persons in which the use and management of sleeping quarters and all appliances for cooking, ventilation, heating, or lighting are under one person’s control.
Residential Sign.Any sign erected at a private residence identifying its address or the resident’s name.
Residential Structure Types.1. Apartment Building.A type of multifamily dwelling with a common entrance and common amenities, such as garages, yards, and utilities.
2. Condominium.A type of ownership arrangement in which an owner has legal title over a single unit in a multifamily dwelling or nonresidential development and over an equal portion of the land upon which the structure stands. A condominium is not a type of structure per se, but rather a form of ownership.
4. Duplex.A dwelling not a mobile home or manufactured home, on its own lot, and designed, arranged, or used exclusively for the use and occupancy of two families living independently of each other.
5. Dwelling[,] Attached.A dwelling that is joined to another dwelling at one or more sides by a party wall or walls.
6. Efficiency Unit.A dwelling unit consisting of 1 principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room providing such dining alcove does not exceed 125 sq. ft. in area.
Right-of-way.Any dedicated area where a street, highway, thoroughfare, parkway, road, avenue, alley or other vehicular use facility is or will be constructed for public use.
Riparian Habitat.A habitat that is strongly influenced by water and which that occurs adjacent to streams and/or wetlands.
Roadside Stand.A permanent structure used for the display and sale of locally produced agricultural products.
Roof Sign.A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support.
Rubbish.Any waste materials, except garbage, including but not restricted to, paper, rags, boxes, cartons, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and the residue from the burning of combustible materials.
Seasonally Flooded Water Regime.A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.
Sediment.Soils or other materials transported by wind or surface water as a product of erosion.
Seedling.A nonbranched woody plant, less than twenty-four (24) inches in height and having a diameter of less than one-half (1/2) inch measured at two (2) inches above the root collar.
Selection.The removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.
Selective Clearing.The careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan.
Sexually Oriented Businessmeans, but is not limited to, an Adult arcade, Adult bookstore, adult novelty store, or adult video store, Adult cabaret, Adult motel, Adult motion picture theater, Adult theater, Escort agencies, Nude model studios, and Sexual encounter centers as defined in the City of Liberty Hill Code of Ordinances, Chapter
5, Article
5.05, Sexually Oriented Businesses, Section
5.05.003, Definitions.
Shopping Center.A grouping of retail business and service uses on a single site with common parking facilities.
Sign.Any device or representation that is used to visually communicate its subject to others. Customary displays of merchandise, objects or materials placed, without lettering, behind a store window are neither signs nor parts of signs.
Sign Area.The square foot area enclosed by the perimeter of the sign. Sign area shall include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and “cutouts” or extensions. However, sign area shall not include any sign structures that are esthetically pleasing.
Sign Structure.A supporting structure erected, used or intended for identification or to attract attention, with or without a sign thereon, situated upon or attached to the premises, upon which any sign may be fastened, affixed, displayed or applied, provided, however, this definition shall not include a building, fence, wall or earthen berm.
Site.Any tract, lot or parcel of land or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership and where development is to be performed as part of a unit, subdivision, or project as shown on an application.
Snipe Sign.A sign (made of any material) that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences or other objects, with the subject matter appearing thereon not being applicable to the use of the premises upon which such sign is located.
Spoil Pile.The overburden and reject materials as piled or deposited during surface mining.
Stabilization.The prevention of soil movement by any of various vegetative and/or structural means of soil movement.
Stable, Commercial.Any stable for the housing of horses or mules, operated for remuneration, hire, sale, or stabling, or any stable, not related to the ordinary operation of a farm.
Stable, Private.An accessory building, not related to the ordinary operation of a farm, for the housing of horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale.
Start of Construction.The date of issue of the building permit for any development, including new construction and substantial improvements, provided that the actual start of the construction or improvement was within three hundred and sixty-five (365) days of permit issuance. The actual start of construction is the placement of slab or footings, piles, columns, or actual placement of a manufactured home. For substantial improvement, the start of construction is the first alteration of any structural part of the building.
Steep Slope.A slope of over fifteen percent (15%) grade or greater incline, which is characterized by increased runoff, erosion and sediment hazards for slopes.
Stormwater Management.For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
Story.Part of a building between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is five (5) feet or more above the finished grade, or if it is used for business purposes, or if it contains any dwelling units other than one (1) dwelling unit for the caretaker of the premises.
Stream Buffer.All lands lying within a measured distance from the top of each bank of a perennial or intermittent stream, intended to protect the stream, its water quality, and riparian habitat.
Street.A public or private right-of-way which that affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane[,] throughway, or however otherwise designated, but does not include driveways to buildings.
Structure.Anything constructed or erected, other than a fence or retaining wall, which requires location on the ground or if attached to something having a location on the ground, including but not limited to, buildings, advertising boards, poster boards, mobile homes, manufactured homes, gas and liquid storage tanks, garages, barns, and sheds.
Subdivision.Subdivision means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other division of land for the purpose, whether immediate or future, of sale or of building development provided that this definition of a subdivision shall not include a bona fide division or partition of agricultural land not for development purposes.
Subdivision, Minor.The division of a parcel or lot of record which that creates one (1) to five (5) lots or any number of farmsteads, which do not have frontage on a public road, or private right-of-way.
Subdivision Preliminary Plan.Subdivision Preliminary Plan is a map or drawing of a proposed subdivision plan which upon approval establishes an agreement to the layout. This agreement includes the location and width of proposed streets, lots, blocks, floodplains, and easements. A preliminary plan approval is required prior to final plat approval, except under certain conditions[.]
Substantial Damage.Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Substantial Improvement.Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure (less land value) either: (a) before the improvement or repair is started; or (b) if the structure has incurred substantial damage and been restored, before the damage occurred. Substantial improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences. The minimum repairs needed to correct previously identified violations of local health, safety, or sanitary codes, and alterations to historic structures which that do not preclude their continued designation as historic structures are not considered substantial improvements.
Suspended Sign.A type of building sign that is suspended from the underside of a predominantly horizontal plane surface and is supported by such surface.
Swinging Sign.A sign installed on an arm, mast or spar that is also not permanently fastened to an adjacent wall or an upright pole.
TCEQ.Texas Commission on Environmental Quality (formerly Texas Natural Resources Conservation Commission TNRCC)
Time and Temperature Sign.An electrical sign utilizing lights going on and off periodically to display the current time and temperature in the community.
Topography.The existing configuration of the earth’s surface including the relative relief, elevation, and position of land features.
Townhouse.One of a group of attached, single-family dwellings that are designed as single structures, with each dwelling unit separated by firewalls, fire separations, or similar party walls. No more than two (2) dwellings units shall be contained within said separation.
Traditional Neighborhood Development (TND).A Traditional Neighborhood Development (TND) is a human scale, walkable community with moderate to high residential densities and a mixed use core. Compared with conventional suburban developments, TNDs have a higher potential to increase modal split by encouraging and accommodating alternate transportation modes. TNDs also have a higher potential for capturing internal trips, thus reducing vehicle miles traveled. That the development encourage walking and biking, enhance transit service opportunities, and improve traffic safety through promoting low speed, cautious driving while fully accommodating the needs of pedestrians and bicyclists.
Transfer of Development Rights Terms:1. Transfer.A transfer of development rights from a transferor parcel to a receiving parcel by instrument(s) of transfer.
2. Transferee.A person to whom development rights are transferred and all persons who have any lien, security interest, or other interest with respect to development rights held by the transferee.
3. Transferor.A person who transfers development rights and all persons who have any lien, security interest, or other interest with respect to development rights held by a transferor.
4. Transferor Parcel.A parcel of land from which development rights may be transferred. A transferor parcel may be less than all of a lot owned by an original transferor.
Transfer Station (or see also “Waste Disposal Services” [sic]).An outdoor facility or enclosed building that receives municipal solid waste and/or rubble from collection vehicles and reloads the materials into trailers or other containers for the purpose of transporting it to a processing or final disposal facility.
Transitional Habitat.A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.
Transportation Facilities.Anything that is built, installed, or established to facilitate or provide a means of transport from one place to another.
Transportation-Related Terms.1. Alley.A narrow roadway for access to an area of commercial, multifamily or industrial structures.
2. Arterial.An interregional road conveying traffic between growth areas. Efficient movement is the primary function of arterial roads; hence private access and frontage should be controlled and limited to high-volume generators of vehicle trips.
3. Major Collector.A principal traffic artery within residential areas that may provide routes to local facilities, serves as the main entrance to a sizeable development, or a combination of developments.
4. Minor Collector.A street which, in addition to providing access to properties abutting thereon, carries traffic to an activity center or higher classification street. It may be a loop street or may link local and/or collector streets.
5. Street Direction.The direction any street or road travels the longest in distance (i.e., north-south or east-west).
TxDOT.Texas Department of Transportation
Under-Canopy Sign.A sign suspended from a building and located under a permanent canopy projecting from a building.
Upper Story Residential.Upper story residential is a secondary use to a commercial use, where the commercial use is on the first floor and the upper story is used for residential purposes. This is allowed with a Special Use Permit.
Use of Property.The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
Utility.A public corporation, company or special district organized to provide a service to the subdivision. As used herein, “utility” shall include, but not be limited to, electric, gas, or telephone companies and water and sanitation districts.
Vacation.The termination of, or termination of an interest in, an easement, right-of-way, or public dedication of land.
Variances.A grant of relief to a person from the requirements of this Ordinance Code when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Ordinance Code. The Board of Adjustment (BOA) shall review Variance requests.
Vehicle.Every device, including major parts thereof, in, on, or by which any person or property is or may be transported or drawn on a transportation facility, except devices moved by human or animal power, or devices used exclusively on stationary rails or tracks.
Vehicle Sign.A permanent or temporary sign affixed to a vehicle. The primary purpose of this display is to attract the public’s attention to the subject matter identified on the sign, rather than to serve the customary purpose of a vehicle.
Visible.Capable of being seen (whether or not legible) by a person of normal height and visual acuity while walking or driving on a public road.
Wash Plant.A facility where sand and gravel is are [sic] washed during processing.
Waste.Ashes, discarded wood, abandoned, discarded, or unused objects or equipment such as furniture, appliances, cans, or containers; garbage or refuse of any kind, whether liquid or solid; or any accumulation of any foul, decaying, or putrescent substances.
Watercourse.Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any area adjacent thereto, which is subject to inundation by reason of overflow or flood water.
Waterfowl.Birds that frequent and often swim in water, nest, and raise their young near water, and derive at least part of their food from aquatic plants and animals.
Watershed.All land lying within an area which that drains into a river, river system, or other watercourse.
Wetlands.Land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Classification of areas as wetlands shall follow the “Classification of Wetlands and Deep-Water Habitats of the United States” as published by the U.S. Fish and Wildlife Service (FWS/OBS-79/31).
Wildlife Corridor.A strip of land having vegetation that provides habitat and a safe passageway for wildlife.
Window Sign.Any sign painted on, applied to, projected upon or within the exterior or interior of a building glass area, including doors, or located within five feet of the interior of a building glass area, including doors, whose identification, message, symbol, insignia, visual representation, logo type, or any other form of information can be read from off premises or from the public right-of-way. Merchandise displays shall not be considered window signs.
Yard.A “yard” extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoned area is located. Also, the area between the lot line and the building setback line.
2. Front Yard.A yard extending along the full length of the front lot line of the zoned area.
3. Rear Yard.A yard extending along the full length of the rear lot line of the zoned area.
4. Side Yard.A yard extending along a side lot line measured from the front yard to the rear yard.
6. Side Yard, Interior.A side yard that is located immediately adjacent to another zoned area or to an alley separating such yard from another zoned area.
Zoning Floating Zone.A district that is fixed on the base zoning area only upon City Council approval of a specific development application meeting the requirement of this Ordinance Code.
Zoning Overlay District.A special district that is placed over the base zoning area which imposes additional restrictions.
Zoning Permit.A written statement or certificate issued by the City Manager (or his designee) authorizing buildings, structures, or uses in accordance with the provisions of this Ordinance Code.
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance 22-O-03.02-01 adopted 3/2/2022; Ordinance 23-O-022 adopted 7/12/2023; Ordinance 23-O-016 adopted 5/10/2023)