This chapter is adopted pursuant to the police powers of the City of Manor and under the authority of the Constitution and general laws of the State of Texas, including particularly Chapter 211 of the Texas Local Government Code.

(Ord. No. 565, § 2, 2-19-2020)

This chapter shall be known, and may be cited, as the Zoning Ordinance of the City of Manor, Texas.

(Ord. No. 565, § 2, 2-19-2020)

Purpose. The primary purposes of this chapter are to provide reasonable regulations and requirements to promote, protect, preserve, improve and provide for the public health, safety, morals and general welfare of the present and future citizens of the city; and to establish a framework of zoning guidelines and criteria which will provide for and support the development of a quality living and work environment by incorporating provisions requiring all future development and redevelopment to provide a compatible plan for residential, commercial and industrial uses, while providing reasonable protections for both the public and persons having an ownership interest in property affected by these regulations. This chapter should be administered and applied to result in development superior to that otherwise achievable and to promote the following purposes:

(1)

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

(2)

Conserve existing and future neighborhoods;

(3)

Protect and conserve 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)

Prevent the overcrowding of land and avoid undue concentration of population or land uses, thereby encouraging high quality development and innovative design;

(7)

Lessen congestion in the streets and provide convenient, safe and efficient circulation of vehicular and pedestrian traffic;

(8)

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

(9)

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

(10)

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;

(11)

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

(12)

Provide the context for the appropriate reconciliation of any differences of interest among property owners, developers, neighborhoods and the city.

(Ord. No. 565, § 2, 2-19-2020)

The requirements of this chapter shall apply to all property within the city; provide for the implementation of the 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 Manor Master Plan. This chapter has been made with reasonable consideration among other things, for the character of the district and its peculiar suitability for the uses specified, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with the City of Manor Master Plan. Nothing herein shall be construed to grant a "permanent" zoning.

The intent of this chapter is to supplement the minimum standards for the development of land within the city as contained in the city's subdivision ordinance, applicable building, plumbing and electrical codes, and city standard details and specifications. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. Such an approach to land development will produce a monotonous urban setting and is not encouraged.

(Ord. No. 565, § 2, 2-19-2020)

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

(Ord. No. 565, § 2, 2-19-2020)

The provisions of this chapter shall not be applied or construed in violation of Chapter 245 of the Texas Local Government Code and the City of Manor's Subdivision Ordinance.

(Ord. No. 565, § 2, 2-19-2020)

(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 lot, tract or parcel of land within the city limits that is developed, or proposed to be developed, after the effective date of this chapter, until all applicable requirements of this chapter have been satisfied and accepted by the city.

(b)

This chapter 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 chapter, with respect to any land or development within the city, by fine and penalties as provided herein.

(Ord. No. 565, § 2, 2-19-2020)

(a)

The following words, terms and phrases, when used in this chapter, 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 number include the singular, and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means in this chapter. The word "regulations" means the provisions of any applicable ordinance, 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. Any definition not expressly prescribed herein shall, until defined by ordinance, be construed in accordance with customary usage in municipal planning and engineering practices.

(b)

Any definition not expressly prescribed herein shall, until such time as defined by ordinance, be construed in accordance with customary usage in municipal planning, as determined by the director of development services, and in accordance with best engineering practices.

Access means a way of approaching or entering a property.

Accessory structure (non-residential) means a structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. This term includes, but is not limited to, storage facilities, detached garages, parking structures or enclosures, and other similar buildings or structures.

Accessory structure (residential) means a subordinate building detached and on the same parcel as the principle structure and used for a purpose customarily incidental to the principle structure such as a private garage for automobile storage, tool house, bath or greenhouse as a hobby (no business), home workshop, children's playhouse, storage house or garden shelter, but not involving the conduct of a business or occupancy by any long-term or paying guests.

Accessory use means a use that is customarily a part of the principal use, a use which is clearly incidental, subordinate and secondary to the permitted use, and which does not change the character thereof. See: Accessory structure.

Adjacent means abutting and directly connected to or bordering.

Adult day care means a facility that provides services under an adult day care program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage or adoption to the owner of the facility. Adult day care centers must be licensed by the Texas Department of Human Services, or successor agency.

Adult oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center or other commercial enterprise the primary business of which is the offering of service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

Agriculture means husbandry and keeping of farm animals, crop production, horse stables and greenhouses, and other similar uses normally associated with agriculture.

Alcoholic beverages means any beverage containing more than one-half of one percent alcohol by volume that is consumed diluted or undiluted as a beverage for sale. Beer, wine and liquor are common forms of alcoholic beverages.

Alcoholic beverage sales—Off-premises means the use of a site for the retail sale of alcoholic beverages for which the use receives more than 50 percent of its gross revenue on a quarterly basis from the sale of alcoholic beverages for off-premises consumption.

Alcoholic beverage establishment means a business whose revenue (51 percent or above of gross sales) comes from the sale of beer, wine, or other alcoholic beverages for on-premises consumption and which requires a license under Texas state regulations.

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 public utility purposes.

Amortization means a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period.

Amusement (indoor) means participatory and spectator-oriented recreation and entertainment uses conducted within an enclosed building. Typical uses include bowling alleys, game arcades, pool halls, dance halls, music venues, and movie or other theaters. This use is distinct from an event center.

Amusement (outdoor) means participatory and spectator-oriented recreation and entertainment uses conducted in open, partially enclosed, or screened facilities. Typical uses include sports arenas, racing facilities, amusement parks, golf driving ranges, miniature golf courses, live music venues, amplified live music performed in association with a restaurant or bar, carnivals, expositions, and zoos.

Amusement redemption machine means any electronic, electromechanical, or mechanical contrivance designed, made, and adopted for bona fide amusement purposes that rewards the player exclusively with noncash merchandise, prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than ten times the amount charged to play the game or device once, or $5.00, whichever amount is less.

Animal(s) means any animate being that is not a human.

Annexation means the incorporation of land area into the city with a resulting change in the boundaries of the city.

Antique shop means a business that sells items whose value is greater than the original purchase price because of age or intrinsic value. Excludes pawnshops.

Apartment. See: Dwelling (multiple family).

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

Approval means the final approval in a series of required actions. For instance, the approval date of a planned unit development zoning application is the date of council approval of the final site plan.

Art studio or gallery means a building where objects of art are created or displayed for the public enrichment or where said art objects are displayed for sale, including the teaching of painting and/or sculpting.

Assisted living, congregate, or respite care means an institution which provides food and shelter to four or more elderly persons or adults who are unrelated to the proprietor of the establishment, as well as personal care services or administration of medication. These facilities may also provide assistance with or supervision of the administration of medication or skilled nursing services. These facilities must be licensed by the Texas Department of Aging and Disability Services, or successor agency, as described in Texas Health and Safety Code, chapter 247, Assisted Living Facilities.

Athletic facility means privately owned indoor and/or outdoor facilities devoted to organized sports, including but not limited to, soccer, basketball, gymnastics, and tennis. This use is distinct from amusement (indoor) and amusement (outdoor) in that it is less intense and would generate less traffic, noise, and other objectionable nuisances to adjacent properties.

Attendant building means a building used to house the workplace of the manager or attendant of a public or private parking lot.

Attendant documents means materials needed to address the specific requirements of this chapter; an applicant determines are necessary to explain the submittal.

Automotive repair (major) means a business specializing in major repair of motor vehicles entirely within an enclosed building, including any use listed below, as well as any use not listed as minor vehicle servicing:

(1)

Auto glass, seat cover and muffler shop;

(2)

Auto painting or body rebuilding shop;

(3)

Tire retreading and capping;

(4)

Body, fender, clutch, transmission, differential, axle, spring and frame repairs;

(5)

Major overhauling of engines requiring removal therefrom of cylinder head or crankcase pan and any associated engine rebuilding;

(6)

Repair of radiator requiring removal from the vehicle;

(7)

Repair of truck, trailer, farm or industrial equipment, or other machinery/supplies; and

(8)

Brake work, other than minor maintenance such as disc pad replacement and minor brake adjustment.

Automotive repair (minor) means a business specializing in minor, routine, periodic, preventive maintenance of a motor vehicle conducted entirely within an enclosed building, including the following:

(1)

Servicing of spark plugs, batteries, distributors and distributor parts and including minor engine tune-ups;

(2)

Tire servicing and flat repair but not recapping or regrooving;

(3)

Radiator cleaning and flushing (on vehicle);

(4)

Fuel pump, oil pump and related maintenance;

(5)

Minor servicing of carburetors;

(6)

Emergency wiring repairs;

(7)

Minor motor adjustment not involving removal of head or crankcase;

(8)

Quick oil and filter change;

(9)

Servicing hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat belts, windshield wipers, mirrors, and installation of vehicle accessories such as radios;

(10)

Lubrication, greasing and washing; and

(11)

Disc pad replacement and minor brake adjustment.

Automotive sales and rental means one or more buildings and area other than a street, alley, or other public place, used for the display and retail sale or rental of new or used vehicles under the Texas Motor Vehicle Registration Act, with repair and renovation authorized entirely within an enclosed building, and temporary storage of vehicles for repairs or renovation not to exceed 90 days. New or used automotive sales requires the registration of the business with the Texas Department of Motor Vehicles, or successor agency.

Bar. See: Alcoholic beverage establishment.

Bed and breakfast means an establishment engaged in providing rooms or groups of rooms in a dwelling unit for temporary lodging for overnight guests on a paying basis. Or means a historic or otherwise architecturally unique building where lodging is provided by prearrangement for definite periods, for compensation, for not more than seven rooms to let and where breakfast is included in the rates charged to guests.

Billboard means a sign advertising product not made, sold, used or served on the premises displaying such sign, or a sign having a height greater than 12 feet or a width greater than 18 feet, including supports.

Block means a parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad right-of-way, public walks, parks or green strips, rural land, drainage channels, or a combination thereof; or if the same word is used as a term of measurement, it shall mean the distance along one side of a street between the nearest two streets which intersect said street on said side.

Board means the board of adjustment of the City of Manor, Texas.

Board of adjustment means a committee appointed by the council to consider appeals from certain administrative actions pursuant to Section 211.008 of the Texas Local Government Code and that is given the authority set forth in this chapter and in Section 211.009 of the Texas Local Government Code.

Boat salvage yard means a business that is operated from a fixed location and is predominately engaged in the dismantling and reuse or resale of used boat parts, or any other motorized waterborne vehicles or instrumentality used to transport persons or property upon any waterway, and the safe disposal of those vehicles, including the resale of those vehicles.

Brewery, micro means a facility that produces less than 15,000 barrels (17,600 hectoliters) of beer per year with more than 75 percent of its beer sold off-site. Microbreweries sell to the public by one or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer to retailer to consumer); and, directly to the consumer through carry outs and/or on-site tap-room or restaurant sales.

Brewery, regional means a facility that produces between 15,000 and 6,000,000 barrels of beer annually.

Brewpub means a restaurant-brewery that sells more than 25 percent of its beer on site for on premise consumption. The beer is brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly from the brewery's storage tanks. Where allowed by law, brewpubs often sell beer "to go" and/or distribute to offsite accounts. A company is re-categorized as a microbrewery if its off-site (distributed) beer sales exceed 75 percent.

Buffer means a barrier constructed of wood, masonry, vegetation, and/or other landscape material in such a manner that adjacent uses will be separated to such a degree that objectionable noise, heat, glare, visual clutter, dust, loss of privacy, air circulation, and other negative externalities shall be abated.

Building means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building area means the gross area covered by a structure when placed on the lot.

Building ordinance means the building codes and related ordinances of the city providing standards, requirements and regulations for site development and the construction and erection of buildings and structures within the city, including, but not limited to, the electrical code, plumbing code, building code and minimum housing code, adopted by the city council from time to time.

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

Building plot means the land, lot, lots or tract of land upon which a building or buildings are located, or upon which they are to be constructed, including yards.

Building setback line means a line or lines designating the interior limit of the area of a lot within which structures may be erected. The building lines generally provide the boundaries of the buildable area of any given lot and no structure or building may be erected between a building and the corresponding lot line.

Business support services means activities primarily associated with providing services not elsewhere classified, to business enterprises on a fee contract basis, including but not limited to advertising, printing and mailing services; janitorial, office or business equipment rental, leasing, or repair; or the provision of services used by office, professional, and services establishments.

Cafe or cafeteria means a commercial establishment where snacks or meals are vended for consumption indoors or on the premises.

Caliper means the trunk diameter of a tree at three feet above natural grade.

Carport means a structure with one or more sides, covered with a roof and constructed specifically for the storage of one or more motor vehicles.

Cemetery means land used or intended to be used for the interment of human remains and dedicated for cemetery purposes, including crematories, mausoleums, columbarium and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Centerline of a waterway means the centerline of the waterway and refers to existing topographically defined channels. If not readily discernible, the centerline shall be determined by (first) the low flow line, or (second) the center of the two-year floodplain.

Child care center means a facility other than the residence of the director, owner, or operator of the facility which provides custodial care and supervision for less than 24 hours a day to children under 14 years of age, excluding foster and group homes.

Child care center (small) means a private residence where the occupant provides custodial care and supervision during daylight hours for a maximum six children at any one time. The maximum of six children includes the family's natural or adopted children under the age of 14. The residence must contain a minimum 150 square feet of floor area for each child. This use shall exclude a family/group home.

Child care or child development facilities means any children's home, orphanage, institution, private home, residence or other place, whether public, parochial or private, operated for profit or not, which keeps, cares for, has custody of or is attended by four or more children under 16 years of age at any one time, who are not members of the immediate family or any natural person operating any such place, during any part or all of the 24 hours in a day. Also, any institution, home or other place, whether public, parochial or private, conducted for profit or not, which keeps, cares for, has custody of or is attended by any number of children, under 16 years of age, who are not members of the immediate family of any natural person operating such a place, who are mentally or physically handicapped, under medical or social supervision, and not within a hospital, 24 hours a day.

Church or rectory. See: Religious assembly.

City means the City of Manor, Texas.

City administrator means the mayor of the city, or other chief administrative officer designated by ordinance, or his or her designated representative.

City building official or building official means the designated building official for the city or his or her designated representative.

City council or council means the city council of the city.

City engineer means the city engineer for the city or his or her designated representative.

City limits or within the city means the, or within the, incorporated boundaries of the city.

City staff means the officers, employees and agents of the city assigned and designated from time to time by the city administrator and/or council, including but not limited to the city engineer, 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 and sedimentation control, and utility appurtenances to be constructed for city acceptance.

Clothing manufacture means cutting, sewing and forming garments, millinery and accessories, when no noise, dust, vibration, odor or other undesirable or obnoxious condition is created to affect adjacent property.

Club or lodge means a building or portion thereof or premises used or operated for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Cold storage plant means a commercial establishment where food or other commodities are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or to commercial businesses. No slaughtering of animals or fowl is allowed on the premises.

Commercial off-street parking means the use of a site for the parking of motor vehicles on a temporary basis within a privately owned off-street parking facility. This use includes, but is not limited to, commercial parking lots and garages and excludes parking as an accessory use. This use is intended for customers to temporarily park their motor vehicles while visiting nearby uses. This use does not include vehicle storage or the parking of commercial or fleet vehicles.

Commercial vehicles means any vehicle having axle or gross weight limit as established by Section 621.101, Texas Transportation Code, that is not a passenger car or light pickup truck.

Commission means the planning and zoning commission of the city.

Common area means privately owned land and improvements within a townhouse, condominium, planned development, or community unit development including buildings, common open space, central services and utilities, streets, walks, parking areas, fencing and screening walls, landscaping, and any other elements and facilities under common ownership and available for the use of all owners or tenants.

Common open space means that portion of the common area which is designated for outdoor recreation area, private park, play lot, plaza, athletic court, swimming pool, fountain, stream or pond, ornamental landscaping or natural vegetation offering visual amenity, and which is open to general view and conveniently accessible to pedestrians within the project.

Communication services or facilities means the use of a site for the provision of broadcasting or information relay services through electronic and telephonic mechanism but excludes major utility services and wireless transmission facilities as defined herein. This use includes, but is not limited to, television, film, or sound recording studios, telecommunication service centers, and telegraph service offices.

Community garden means a single piece of land or property gardened and maintained collectively by a group of people. Community gardens utilize either individual or shared plots on private or public land while producing fruit, vegetables, and/or plants grown for their attractive appearance.

Community home means an entity protected by the Texas Community Homes for Disabled Persons Act (Texas Human Resources Code, Chapter 123, Community Homes for Persons with Disabilities); including:

(1)

A community-based residential home operated by:

(A)

The Texas Department of Mental Health and Mental Retardation; or successor agency;

(B)

A community center organized under Texas Health and Safety Code, Chapter 534, subchapter A, Community Services, that provides services to persons with disabilities;

(C)

An entity subject to the Texas Business Organizations Code, Chapter 22;

(D)

An entity certified by the Texas Department of Human Services, or successor agency, as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or

(E)

An assisted living facility licensed under Texas Health and Safety Code, Chapter 247, Assisted Living Facilities, provided that the exterior structure retains compatibility with the surrounding residential dwellings.

Community center (private) means a recreational facility, including both indoor and outdoor facilities, for use by residents and guests of a particular residential community development, subdivision, planned unit development, or membership group.

Community center (public) means a building and grounds owned or leased and operated by a governmental body for the social, recreational, health or welfare of the community served.

Comprehensive or master plan means the comprehensive plan of the city and adjoining areas adopted by the commission and approved by the city council, including all its revisions as defined by Chapter 213 of the Texas Local Government Code. The plan may indicate the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements, to include detailed plans for water and sewer facilities. Such plan is the overall development plan for the community adopted to provide long-range development policies and may include all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. The comprehensive or master plan does not constitute zoning regulations or establish zoning district boundaries.

Condominium means a building or group of buildings in which dwelling units are owned individually, while the structure and common areas and facilities are owned by all the owners on a proportional, individual basis in compliance with the Texas Uniform Condominium Act, Chapter 82, Texas Property Code, with individual apartments or units having separate sleeping, living and kitchen facilities.

Construction and equipment sales, major means a building or open area used for the sale, rental, or indoor and outdoor storage of heavy equipment and machinery including, but not limited to, forklifts, bulldozers, cranes, skid steers and other similar equipment.

Construction and equipment sales, minor means a building or structure used for the inside display, sale, rental, or storage of light machinery, including, but not limited to lawn mowers, tools, and other small machinery. This use also includes the sale of electrical, plumbing, and mechanical (HVAC) supplies and equipment.

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 and sealed by a licensed professional engineer or architect.

Consumer convenience services means the use of a site for the provision of convenient and limited services to individuals in access-controlled facilities that make 24-hour operation possible. This use includes, but is not limited to, the renting of private postal and safety deposit boxes to individuals and automated banking machines.

Consumer repair services means the use of a site for the provision of repair services to individuals or households rather than firms. This use includes, but is not limited to, repair service or shops for appliance, lamps or light fixtures, small tool, watch, jewelry repair shops, and musical instrument repair shops, all contained within an enclosed structure, and excludes automotive repair services, equipment repair services, and service stations.

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

Contractor's shop means a building, part of a building, or land area for the construction or storage (inside or out) of materials, tools, products, and vehicle fleets.

Convenience store. See: General retail sales (convenience).

Corner lot means a lot located at the intersection of and abutting on two or more streets.

Country club means an area of 20 acres or more containing a golf course and a clubhouse and available only to private specific membership, such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.

County means Travis County, Texas.

County appraisal district means the Travis Central Appraisal District.

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other open space.

Critical root zone means a circular area around a significant tree equal to one foot in radius for each one inch caliper, and the center of the circular area located at the trunk.

Data center means a facility housing a collection of computer servers and associated components, such as telecommunication, storage and backup systems that supply information to a single or multiple end users off-site. Facilities typically require large amounts of electricity, strict temperature control and security, and will generally have few employees present on-site.

Day camp means a facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

Design district means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscretionary basis.

Developed area means that portion of a lot, easement, or parcel upon which a building, structure, pavement or other improvements have been placed.

Developer means the legal owner of land to be improved and/or subdivided or his/her authorized representative.

Development means the construction or placement of any buildings, utilities, access, roads or other structures, excavation, mining, dredging, grading, filling, clearing or removing vegetation, or 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.

Diameter at breast height (DBH) means a standard of measure of a tree trunk measured at a height of four and one-half feet above the natural grade, or the DBH measurement according to the latest edition of the Guide for Plant Appraisal as published by the Council of Tree and Landscape Appraisers, when the tree trunk branches out at a point lower than four and one-half feet.

Distillery, micro means a facility that produces less than 52,500 cases (4,725 hectoliters) of liquor or other spirits per year with 75 percent or more of its liquor sold off-site. Micro-distilleries sell to the public by one or more of the following methods: the traditional three-tier system (distiller to wholesaler to retailer to consumer); the two-tier system (distiller to retailer to consumer); and, directly to the consumer through on-site and/or carry out sales.

Distillery, regional means a facility that produces more than 52,500 cases (4,725 hectoliters) of liquor or other spirits annually.

District means a zoned section or sections of the city for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Dormitory means any structure specifically designed to house student tenants associated with a university, college or school.

Double frontage lot. See: Reverse frontage lot.

Drainageway. See: Waterway.

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

Drive aisle means a circulation route for vehicular traffic through a parking lot, site or property, and may connect to a driveway.

Drive aisle, major means a primary circulation route for vehicular traffic through a development which provides access to two or more lots. Major drive aisles typically intersect with a public right-of-way or other major drive aisles.

Driveway means the surface connecting a drive approach with a parking space, parking lot, loading dock or garage. Properties of less than two acres shall construct driveways of concrete, asphalt or similar material. Properties of more than two acres shall pave the driveway with all-weather surface.

Dwelling (multiple-family) means a residential structure consisting of three or more self-contained dwelling units sharing common walls and/or floors/ceilings with one or more units. Units may have a single access from a shared hallway or walkway, either enclosed or open directly to the outside.

Dwelling (single-family attached). See: Townhouse.

Dwelling (single-family detached) means a detached building having accommodations for occupancy by not more than one family.

Dwelling (two-family) or duplex means a detached building designed and constructed with two separate dwelling units under a single roof for occupancy by two families.

Dwelling unit means a building or portion of it designed and used for residential occupancy by a single household and that includes exclusive sleeping, cooking, eating and sanitation facilities. A building containing more than one set of cooking facilities is a multi-dwelling unit structure. The term "dwelling unit" does not include hotels, motels, lodging houses, sheds or similar accessory structures, campers or camp trailers, any recreational vehicle, or vehicle or portable structure having no permanent foundation other than wheels, jacks, or skirtings.

Easement means a grant by the property owner of the use of a strip of land for stated purposes.

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

Event center means a facility consisting of multi-purpose rooms, outdoor courtyards, or recreational facilities used for hosting social gatherings such as weddings, parties, receptions, and meetings.

Extraterritorial jurisdiction or ETJ means that geographic area outside the corporate boundaries of the city as established pursuant to Sections 42.021 and 42.022 of the Texas Local Government Code.

Family means any number of individuals living together as a single housekeeping unit, in which not more than four individuals are unrelated by blood, marriage, adoption, or guardianship, and occupying a dwelling unit.

Farm, ranch, garden or orchard means an area of three acres or more which is used for the primary purpose of growing of vegetables, fruits, trees, hay, livestock feed and/or grain, and/or for the raising thereon of poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

Financial services means an establishment for the custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds, including automated teller machines such as a bank or credit union. This definition does not include pawnshops, check cashing businesses, payday advance businesses, money transfer businesses or other similar services.

Financial services, alternative means a check cashing business, payday advance or loan business, bail bonds business, money transfer business, precious metal dealer, or car title loan business. At no time may an alternative finance service be permitted as an accessory use unless specifically provided for within the definition of the specific alternative financial service use.

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

Floor area means the total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports or garages.

Floor area ratio (FAR) means the maximum square footage of total floor area permitted for each square foot of land area. The ratio between the total square feet of floor area in all buildings located on a lot and the total square feet of land in the lot or tract on which the buildings are located.

Florist means an establishment for the sale of flowers, ornamental plants and related supplies.

Food court establishment means a premise designed to accommodate three or more mobile food units that qualify as one of the following:

(1)

A restricted unit that offers only prepackaged food in individual servings, beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels, and packaged frozen foods; preparation, assembly or cooking of foods is not allowed; or

(2)

An unrestricted unit that may serve food as allowed in subsection (a) above, and may cook, prepare and assemble a full menu of food items:

(A)

Except as provided in subsection (B) below, an unrestricted unit must be secured and completely enclosed; and

(B)

Foods such as hot dogs, coffee, or shaved ice, or food with prior approval from the health authority, may be served from vehicles with three sides and a cover.

Food preparation means the use of a site for production of prepared food for wholesale distribution. The use includes, but is not limited to, wholesale bakeries, commercial kitchens, and specialty food processing or packaging shops, the products may be sold on-site, but excludes the on-site slaughter of animals and commercial production of ice.

Food sales means the use of a site for the retail sale of food, alcohol, or household products for home consumption. This use includes, but is not limited to, grocery stores, delicatessens, meat markets, retail bakeries, and candy shops. Revenue from alcohol sales for off-premise consumption exceeding 51 percent of gross sales are considered liquor stores.

Filing date means, with respect to zoning applications, the date of the first public hearing before the commission regarding such zoning application.

Frontage means that side of a lot, parcel or tract of land abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot.

Frontage block means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.

Game room means a building, facility, or other place that is open to the public and whose primary purpose is entertainment and contains one or more operational amusement redemption machines.

Garden Center means a retail operation where plants are propagated and grown to a desired age and sold to the general public along with related products. This use excludes wholesale production and distribution.

Gasoline station (full service) means a place where gasoline, other fuels, oil and grease and/or accessories are sold and dispensed to the retail motor vehicle trade, and where one or more of the following activities are conducted: motor vehicles are serviced and repaired; stored batteries are recharged and cared for; or vehicle tires are stored, serviced or exchanged.

Gasoline station (limited service) means a place where the services provided are limited to the retail sale, either self-service or attendant dispensed, of gasoline, other fuels and petroleum products for the motor vehicle trade.

General retail sales (convenience) means a retail establishment that sells primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads.

General retail sales (general) means stores selling, leasing, or renting direct to the ultimate consumer goods such as consumer, home, and business merchandise including alcoholic beverages, antiques, appliances, art, art supplies, baked goods, bicycles, books, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, medical supplies, musical instruments, pet food and/or pets, pharmaceuticals, photo finishing, picture frames, plants, prepared foods, printed material, produce, sporting goods, stationery, vehicle parts, and videos.

Golf course (commercial) means a golf course or driving range privately owned but open to the public for a fee and operated as a commercial venture.

Governing body means the city council of the city.

Grade means the slope of a road, street, other public way or utility line specified in terms of percent; the topographic relief of a parcel of land; the average elevation at ground level of the buildable area of a lot or parcel of land.

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

Half story means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than five feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.

Halfway house means a residence operated as a single dwelling, licensed or operated by a governmental or nonprofit agency, where drug users, moderate and high risk (level 2 and 3) and civil commitment sex offenders, the dangerous mentally ill, or convicted felons are placed immediately after their release from a primary institution such as a prison, hospital or rehabilitation facility. Authorized supervisory personnel are on the premises. A halfway house allows the persons to begin reintegration with society, while still providing monitoring and support.

Height means the vertical distance from the highest point on a structure to the average ground elevation where the foundation meets ground.

Heliport means landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of 6,000 pounds.

Heritage Tree means any tree measuring 25 inches or larger at DBH, except trees determined to be diseased or dying due to natural causes. Hackberry, Chinaberry, Chinese Tallow, Ligustrum, Mimosa, Cottonwood and Cedar (Ashe Juniper) trees are excluded from the Heritage Tree classification.

Historic district means an area, urban or rural, defined or designated as an historic district by city council, state, or federal authority and which may contain within definable geographic boundaries one or more buildings, objects, sites or structures designated as exceptional or significant historic landmarks or clusters, as defined herein, including their accessory buildings, fences and other appurtenances, and natural resources having historical, architectural, archaeological, and cultural significance, and which may have within its boundaries other buildings, objects, sites, or structures, that, while not of such historical, architectural, archaeological or cultural significance as to be designated landmarks, nevertheless contribute to the overall visual setting of or characteristics of the landmark or landmarks located within the district.

Home occupation means a commercial use that is accessory to a residential use carried on in the home. A home occupation is subject to the following: (a) it is limited to occupants of the dwelling unit except that one person who is not an occupant may participate in a medical, professional, administrative, or business office if off-street parking is provided for such person; (b) the occupation shall be conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s) or one approved, accessory structure not exceeding 25 percent of the ground floor area of the residential structure located on the same lot; (c) the residential character of the lot and dwelling must be maintained. An occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. This prohibition does not apply to modifications to comply with accessibility requirements; (d) the occupation shall not produce external: noise, vibration, smoke, dust, heat, glare, odor, fumes, electrical interference or waste runoff outside the dwelling unit, garage or on the property surrounding the dwelling unit; (e) the parking of a commercial vehicle identifying the business on the premises or on a street adjacent to residentially zoned property is prohibited; (f) equipment or materials associated with the occupation must not be visible from locations off the premises; (g) the transfer of merchandise directly to a customer on the premises is permitted; however, no more than four vehicle trips each day of customer-related vehicular traffic is allowed, and (h) advertising a home occupation by a sign on the premises is permitted but the sign area shall not exceed established limits for the district in which the property is located. The following uses are prohibited as home occupations:

(1)

Animal hospitals, animal breeding;

(2)

Clinics, hospitals;

(3)

Hospital services;

(4)

Contractors yards;

(5)

Dance studios;

(6)

Scrap and salvage services;

(7)

Massage parlors (a massage therapist licensed by the state residing on the property is allowed);

(8)

Restaurants;

(9)

Alcoholic beverage establishments;

(10)

Rental outlets;

(11)

Equipment sales;

(12)

Adult-oriented businesses;

(13)

Recycling centers and drop-off recycling collection facilities;

(14)

An activity requiring an H occupancy as defined in the International Building Code;

(15)

Automotive repair services; and

(16)

Businesses involving the repair of any type of internal combustion engine, including equipment repair services.

Homeowners' or unit owners' association means any association or organization of co-owners within a condominium or townhouse project, including the council of co-owners or a condominium or townhouse management association, or the owners of lots within a subdivision; organized for the primary purpose of managing and maintaining the common areas and common open space in any such project, or otherwise owned by the association. An organization, association, or other entity formed and controlled by the developer, project owner or general partner for this purpose will be included in this definition.

Hospital services means an institution providing primary health services, psychiatric services, and medical or surgical care to persons primarily on an inpatient basis. The use differs from medical clinics in that it may require stays for longer than 24 hours. Includes the following land uses: Cancer center; general hospital; private psychiatric hospital; niche hospital; special hospital; and trauma facilities as defined in the Texas Administrative Code.

Hotel means a facility offering transient lodging accommodations on a daily rate to the general public with units accessed via internal hallways and which can provide additional services, such as meeting rooms, restaurants and recreational facilities. A hotel facility may offer suites, which include kitchen facilities, sitting rooms, and bedrooms.

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 line system, wastewater system, storm drainage network, public park land, 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.

Incinerator means a furnace or apparatus for burning waste materials such as trash wood and other flammable items for the purpose of reducing their weight and bulk.

Industrial use, heavy means a use engaged in the basic processing and manufacturing of materials or products or parts, predominantly from extracted raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industrial use, light means a use engaged in the manufacture of finished products or parts predominantly from previously prepared materials, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Industrialized home means a residential structure that is designed for the occupancy of one or more families, constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site, designed to be used as a permanent residential structure when the module or modular component is transported to the permanent site and erected or installed on permanent foundation system. Structures include plumbing, heating, air conditioning, and electrical systems. This term does not include housing constructed of a sectional or panelized system that does not use a modular component, or 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 a purpose of selling and moving the home to another location.

Interior lot means a lot other than a corner lot and, bounded by a street on only one side.

Kennel means a place in which five or more dogs or cats at least six months of age are kept, boarded or trained, by the owners of the dogs or cats or by persons providing facilities and care with or without compensation.

Laundry services means an establishment engaged in providing laundering, dry cleaning, or dyeing services. Typical uses shall include bulk laundry and cleaning plants, and linen supply services.

Laundry services (self) means an establishment providing customers with self-service laundry and/or dry cleaning services and does not a include a commercial laundry or cleaning plant.

Legal lot means a lot recorded in the official county records pursuant to and in compliance with the subdivision regulations and/or state law in effect at the time of the creation of the lot.

Liquor sales means the use of a site for the retail sale of alcoholic beverages for off-premises consumption. This use includes liquor stores and bottle shops.

Livestock auction means barns, pens and sheds for the temporary holding and sale of livestock.

Loading space means an off-street space for the parking of a vehicle while loading or unloading merchandise or materials from commercial or industrial vehicles.

Local health district means the Travis County Health District.

Lot means a separate parcel of land, created by the division or subdivision of a block or other parcel, intended as a unit for transfer of ownership, or for development, or for occupancy and/or use, platted in compliance with state law. See also: Legal lot.

Lot depth means the average horizontal distance between the front and rear lot lines.

Lot lines means the lines bounding a lot as defined herein.

Lot width means the average horizontal distance at the front building setback line of a lot.

Manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. Does not include recreational vehicles or mobile homes.

Manufactured home park means a unified development for manufactured housing spaces arranged on a tract of land in compliance with the subdivision ordinance and this chapter, with the individual lots or parcels being held under a common ownership and rented or leased to the occupants.

Manufactured home subdivision means a unified development for manufactured housing spaces arranged on a tract of land in compliance with the subdivision ordinance and this chapter, with the individual lots or parcels being developed and sold to occupant owners.

Master plan See: Comprehensive plan.

Medical clinic means the use of the site for the provision of medical, psychiatric, or surgical services on an outpatient basis. These facilities can be differentiated from a medical office in that such facilities would be primarily open to and operated for the general, walk-in public, and would not normally require an appointment. This use includes ambulatory surgical centers (ASC); end-stage renal disease facility (dialysis); outpatient services; and freestanding emergency medical care facility.

Medical office. See: Office, medical.

Metal recycling entity means a business that is operated from a fixed location and is predominately engaged in the following, excluding used automotive parts recycling and boat salvage businesses:

(1)

Performing the manufacturing process by which scrap, used, or obsolete ferrous or nonferrous metal is converted into raw material products consisting of prepared grades and having an existing or potential economic value, by a method that in part requires the use of powered tools and equipment, including processes that involve processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form of that metal;

(2)

The use of raw material products described in subsection (a) above in the manufacture of producer or consumer goods; or

(3)

Purchasing or otherwise acquiring scrap, used, or obsolete ferrous or nonferrous metals for the eventual use of the metal for the purposes described by subsection (1) or (2) above.

Mini-storage warehouse means an establishment offering small, individual storage units for rent or lease and are restricted solely to the storage of items such as motor vehicles, trailers, boats, bulky household goods and various personal property. There is no conduct of sales, business or any other activity within the individual storage units.

Mobile food unit means a food establishment operating from a vehicle or any portable structure on a trailer or wheels, that meets all the requirements of this chapter and applicable local and state regulations.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. Does not include manufactured homes or recreational vehicles. Any mobile home not constituting an existing conforming or nonconforming use is prohibited within the city limits.

Modular component means a structural part of housing or building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without:

(1)

Damage; or

(2)

Removal and reconstruction of a part of the housing or building.

Motor vehicle means any motor vehicle subject to registration pursuant to the Certificate of Title Act, chapter 501, Tex. Trans. Code, as amended.

Multiple building complex means more than one principal building on a building plot or lot.

Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity.

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

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

Natural state means substantially the same conditions of the land that 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 (such as river, major street, lack of access, buffer) and/or political features (such as voting districts, subdivision boundaries).

Neighborhood park means a publicly owned parcel of land, within a subdivision, dedicated solely for recreational uses and maintained by the city or under authority granted by the city.

Neighborhood park (private) means a privately owned parcel of land, within a subdivision, dedicated solely for recreational use by persons in such subdivision and their guests, and maintained by the residents of said subdivision.

Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

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

Nonconforming use means any building, structure or land lawfully occupied by a use or lawfully existing at the time of passage of this chapter or amendments thereto, which does not, by reason of design or use, conform after the passage of this chapter or amendments with the regulations of the chapter or amendment.

Nursing or convalescent home means an institution which provides food and shelter to four or more persons who are unrelated to the proprietor of the establishment; as well as minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or successor agency, or other services that meet some need beyond the basic provision of food, shelter, and laundry. These are licensed by the Texas Board of Human Services and further defined in Chapter 242 of the Texas Health and Safety Code, or successor agency.

Occupancy means the use or intended use of land or a building by any person.

Office, government means the use of a site for the provision of government services, included administrative and management services. This use includes, but is not limited to, offices pertaining to government services such as secretarial, economic development, financial, legal, public works and utilities.

Office, medical means the use of the site for the consultation, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, or similar practitioners of medical and healing arts for humans, medical or dental laboratories. These facilities can be differentiated from a medical clinic in that such facilities primarily operate on an appointment basis, are generally not open to the general walk-in public, and offer specialized services or attention.

Office, professional means the use of a site for the provision of administrative, executive, consulting, management, or professional services. This use includes administrative offices and services including law, architecture, real estate, accounting, insurance, property management, personal and/or family counseling, investment, travel, and secretarial services.

Office/showroom means a building that primarily consists of sales offices and sample display areas for products and/or services delivered or performed off-premises. Catalog and telephone sales facilities are appropriate. Incidental retail sales of products associated with the primary products and/or services are permitted. Warehousing facilities shall not exceed 50 percent of the total floor area. This definition does not include contractor's shop and storage yard.

Office/warehouse means a building, or a portion of a building which is a structurally separate and functionally distinct unit, primarily devoted to storage, warehousing and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Official county records means the official records of Travis County, Texas.

Off-site accessory parking means the use of a site for the provision of parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, located on a different site from the principal use and intended for use by customers or employees of the principal use. The principal use shall be located no further than an adjacent property or across one public or private right-of-way. This use does not include vehicle storage.

Off-site improvements means any required improvement that lies outside of the property being developed.

Off-street parking space means vehicular parking outside the street right-of-way that has adequate drives, aisles, and turning and maneuvering areas for access and usability.

On-street parking space means vehicular parking contained on the street pavement (public and private streets) located outside the primary travel way, which spaces shall be designated and located parallel or at an angle to the street centerline.

One hundred (100) year floodplain. See: Regulatory 100-year floodplain.

Open space means an area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.

Open or outdoor storage means the keeping, in an unroofed area, of any goods, junk, material or merchandise, in the same place for more than 24 hours.

Outdoor display and sales means the outdoor display or sale of finished products actively available for sale for less than 24 hours a day. This definition does not include products in shipping boxes, crates, on pallets, or other shipping containers, which shall be considered outdoor storage.

Outdoor storage means the outdoor storage of products or goods that have a large size, mass, or volume that occur on site for more than 24 hours such as, but not limited to, heavy equipment, freight or commercial motor vehicles, trailers, construction materials, and raw, processed or packaged materials including any products on pallets, in shipping containers or in crates.

Overland drainage means stormwater runoff which is not confined by any natural or man-made channel such as a creek, drainage ditch, storm sewer, or the like.

Park or playground means an open recreation facility or park owned and operated by a public agency such as the city or the school district and available to the general public for neighborhood use, but not involving lighted athletic fields for nighttime play.

Parking lot means a paved parking area to accommodate the vehicles which utilize any multiple-family, retail, commercial, office, business or industrial property.

Parking structure or garage means a structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. The phrase includes freestanding parking structures, deck parking, and parking pedestals under buildings.

Pasturage means land used primarily for the grazing of animal stock.

Paved area means an area surfaced with asphalt, concrete or similar pavement, providing an all-weather surface. Gravel is not an acceptable paved surface.

Pawnbroker means a person engaged in the business of (a) lending money on the security of pledged goods; or (b) purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period as defined by the state of Texas Finance Code Chapter 371, as amended.

Pawnshop means a location at which or premises in which a pawnbroker regularly conducts business as defined by the State of Texas Finance Code Chapter 371, as amended.

Performance standard means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.

Permit issuing authority means the building official or other city officer, employee or agent designated by lawful authority to issue the applicable permit.

Permitted use means a use specifically allowed in the applicable zoning districts without the necessity of obtaining a specific use permit.

Personal improvement services means the use of a site for the provision of informational, instructional, personal improvement, and similar services of a nonprofessional nature. This use includes, but is not limited to, photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft or hobby instruction.

Personal services means an establishment engaged in providing services of a personal nature. Typical uses shall include beauty and barber shops, tailor, and shoe repair services.

Pet store means the use of a site for the retail sale of small animals customarily used as household pets, grooming and sale of pet products.

Pharmacy means a use where medicines are compounded or dispensed under the supervision of a licensed pharmacist.

Planned unit development means a zoning district which permits development of three acres or more under single or multiple ownership pursuant to a master plan and which requires specific approval by the city council. It is a development of land under unified control, planned and developed in a single development operation or a programmed phasing of developments, including streets, utilities, lots or building sites, structures, open spaces and other improvements. This district may permit mixed uses of land (e.g. industrial, commercial, residential) within a single or multiple subdivision as part of or pursuant to a master plan which seeks to minimize adverse impacts when development occurs to protect the environment and nearby neighborhoods.

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

Playfield or stadium means an athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

Portable building sales means a site on which factory-manufactured portable buildings, such as manufactured homes, are displayed and offered for sale or order to the general public.

Postal facilities means postal services, including post office, bulk mail processing, or sorting centers operated by the United States Postal Service or a private postal service.

Printing and publishing means the use of a site for the reproduction, printing, cutting, or binding of written or graphic material. The use is limited to printing equipment typically used in a business office.

Privacy fence means a construction which is designed for screening or enclosing and constructed of wood or masonry or a combination thereof at least six feet in height. Fences placed in or over any easement or right-of-way shall be considered a structure.

Private club means an establishment required to have a state license for the sale of alcoholic beverages on-premises to its members.

Private garage means an accessory building housing vehicles owned and used by occupants of the main building.

Product development services (general) means development and testing of non-hazardous products related to research services. See: Research services (general).

Product development services (hazard) means development and testing of products related to research services, which products could pose a health or safety risk outside of the structure in which the services are provided. See: Research services (hazard).

Property owners' association, (POA), means an incorporated, nonprofit organization operating under recorded land agreements through which: (a) each lot and/or homeowner in a subdivision or planned unit development or PUD is automatically a member, (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining common property, and (c) the charge, if unpaid, becomes a lien against the property.

Protected tree means any tree, including a multi-trunk tree, measuring eight inches or larger at DBH, except trees determined to be dead or dying by natural causes. Hackberry, Chinaberry, Chinese Tallow, Ligustrum, Mimosa, Cottonwood and Cedar (Ashe Juniper) trees are excluded from the Protected Tree classification.

Public means, with respect to land and interests in land within the city limits, the city; with respect to land and interests in land within the ETJ limits, the general public; and, with respect to the provision of any services or products by a business establishment, the general public.

Public grounds or building means a facility such as office buildings, and maintenance yards and shops required by branches of local, state or federal government for service to an area such as highway department yard or a city, county or school service center.

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 schools and government buildings.

Railroad spur or siding means a siding for spotting and unloading or loading boxcars or other railroad cars and which area is connected to a public street by a drive for access.

Railroad tracks means the right-of-way for railroad tracks, and includes siding, spurs, loading facilities, docks, yards or maintenance areas, and does not include passenger stations.

Recreational vehicle, RV means a unit which contains facilities or equipment either for sleeping or temporary living quarters, or both, and which has its own motive power or is designed to be mounted on or towed by another motor vehicle. The term "recreational vehicle" includes, but is not limited to, a motor home, truck camper, travel trailer and camping trailer; provided, however, that a recreational vehicle does not include a boat, a mobile home, or a manufactured home.

Recreational vehicle park, RV park means any lot, tract or parcel of land used in whole or part to provide facilities or accommodations for two or more recreational vehicles used by transients as living or sleeping quarters for the a periods of time authorized by ordinance, and with or without compensation.

Recreational vehicles sales, service and rental means sales, leasing and/or rental of new and/or used recreational vehicles or boats, including, as an accessory use, repair work of recreational vehicles and boats.

Recyclable materials means materials including, but not limited to, scrap steel, aluminum cans, appliances, paper, batteries, glass bottles, motor vehicles, motor vehicle parts and machinery that have no economic value except as composition or salvage material.

Recycling collection use means use of property as a location where glass, paper, plastics and/or aluminum cans only are deposited in containers, with no sorting or processing on-site, and usually occurring as an accessory use on the property.

Recycling operation means the collection, buying, storage, or processing of recyclable materials such as glass, paper, plastics, liquids, wood or metals, which are then sorted or processed for use or shipment for the purpose of reuse and manufacture, excluding smelters and refining operations.

Recycling operations (indoor) means a recycling operation which is fully enclosed within permanent walls and roof of a building or, if windows and doors are present, which is capable of enclosure to ensure compliance with the required performance standards in the IN-1 or IN-2 districts as appropriate. The outside storage of recyclable materials in conjunction with the recycling operation inside a building is prohibited in an IN-1 district. A dust collection system may be located outside the main building.

Recycling operations (outdoor) means a recycling operation that occurs in the open, or partially within a building and partially in the open.

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

Religious assembly means regular organized religious worship or religious education in a permanent or temporary building, as permitted in this chapter. The use excludes private primary and secondary educational facilities, community recreational facilities, day care facilities, and park facilities as principle uses. A property tax exemption is prima facie evidence of religious assembly use.

Replacement trees means new landscape trees to be planted by the developer to replace significant trees removed during the development of property. A list of approved replacement trees can be obtained at the office of the city.

Research services (general) means establishments engaged in research of an industrial or scientific nature not involving or requiring the use of any biological, chemical or other agent that could cause a hazard to adjacent property. Typical uses include electronics research laboratories, and development and testing of computer software packages.

Research services (hazard) means establishments engaged in research of an industrial or scientific nature involving or requiring the use of biological, chemical or other agents capable of causing a hazard to property or persons outside the structure in which conducted.

Reserve strip means a narrow strip of property usually separating a parcel of land from a roadway or utility line easement, that is characterized by limited depth which will not support development and which is intended to prevent access to the roadway or utility easement from adjacent property and which are prohibited by these regulations unless their control is given to the city.

Restaurant means the use of a site for the preparation and retail sale of food and beverages for on-premises consumption, including the on-premises sale and consumption of alcoholic beverages as an accessory use (must be less than 51 percent of gross sales). The use does not include drive-in or drive-through facilities.

Restaurant, drive-in or drive-through means a restaurant which contains a drive-in or drive-through facility, primarily serves food that is prepared and packaged within five minutes and customarily serves food in disposable containers.

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

Right-of-way means a strip of land occupied or intended to be occupied by street, crosswalk, railroad, road, electric transmission line, or oil or gas pipeline, water main, sanitary 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 and shown on the final plat 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 mains, wastewater lines, storm drains, or any other use involving maintenance by a public agency shall be dedicated to the public by the maker of the plat where such right-of-way is established.

Safety services means a facility to conduct public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

Same ownership means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stockholder, partner, or associate or a member of his or her family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

School, boarding means facilities offering education services that meet state requirements for primary, secondary, or higher education and provide dormitories, dining facilities, and other accessory uses for the boarding of students.

School, business or trade means a school offering instruction and training in a service or art such as a secretarial school, barber college, beauty school, commercial art school, or dance or music school.

School, college or university means an educational institution of higher learning, offering general and specialized courses that are certified by the state board of higher education, or by a recognized accrediting agency, and that lead to a degree. Facilities may include student dorms or housing, sports facilities, theaters, and maintenance facilities.

School, public means facilities that are used to provide instruction or education by primary schools or secondary schools that are in a public school district or are institutions of higher education that receive public funding. Does not include trade or business schools.

School, private or parochial means an educational institution having a curriculum equivalent to public schools and meets the same license and certification requirements of public schools. A private or parochial school shall not include specialty schools, such as dancing, music, beauty, mechanical, trade swimming, or commercial schools.

Setback, front means a setback extending the full width of a lot between the street lot line and the front building setback line and establishing the required front yard.

Setback, rear means a setback extending the full width of the lot in the area between the rear lot line and the rear building setback line and establishing the required rear yard.

Setback, side means a setback extending the full length of the lot in the area between a side lot line and a side building setback line and establishing the required side yard.

Setback, streetside means a setback extending the full width of a lot between the street lot line and a side building setback line and establishing the required streetside yard.

Setback line or building setback line means a line that marks the setback distance from the building property line, and establishes the minimum required front, side or rear yard space of a building plot. No structure, as defined in this section, can be constructed or placed within the setback line or building setback line.

Shooting range, indoor means a public or private facility where a pistol, rifle, silhouette, or other similar range is used for discharging firearms for a sporting event, practice, instruction in the use of the firearms or the testing of firearms.

Shopping center means a composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit.

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

Sidewalk means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

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

Significant tree means a living tree that the city desires to preserve to the greatest extent possible. All trees larger than eight inches in caliper are significant trees.

Site plan means a plan showing the use of the land, to include locations of buildings, drives, sidewalks, parking facilities, temporary and permanent erosion/sedimentation controls, and other structures to be constructed.

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

Smoke shop or tobacco store means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a "smoke shop or tobacco store." This use includes the display, sale, distribution, delivering, offering, furnishing, or marketing of cannabidiol (CBD) products and paraphernalia.

Stable means an accessory building for quartering horses for private use of the resident when the stable building is set back from all adjacent property lines at least 50 feet, is at least 100 feet from any adjacent residence and when the site contains minimum area of one acre.

Stable, riding means an accessory building for quartering horses for commercial or private riding lessons, boarding, training or renting of horses when the stable building is set back from all adjacent property lines at least 150 feet, contains a minimum of three acres of land.

State health department means the Texas Department of Health or the Texas Commission on Environmental Quality (TCEQ), or their successor agency, as applicable.

Storage and distribution means an establishment offering wholesaling, storage and warehousing services of non-hazardous materials in enclosed structures.

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.

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

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.

Streetscape yard means a space designated within the front and streetside yards intended to enhance the pedestrian experience with improvements, including but not limited to, a sidewalk, street trees, pedestrian scale lighting, and furniture.

Structural alterations means any change in the supporting members of a building, such as loadbearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

Structural integrity means the ability of a structure to maintain stability against normal forces experienced by said structure.

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, and permanent signs. Sidewalks, paving and parking areas shall not be considered structures.

Structure, principal means a building in which is conducted the principal use(s) of the lot on which it is located or, in a group development, of the building site on which it is located.

Subdivision means the division or redivision of land into two or more lots, tracts, sites 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.

Swimming pool (commercial) means a swimming pool with accessory facilities that is not a part of the municipal or public recreational system or a private swim club and that is available to the general public for a fee.

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a single-family, duplex, multi-plex or multifamily dwelling, or other residential dwelling, located and fenced in accordance with city regulations and not operated as a business or maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Temporary field or construction office means a structure or shelter used in connection with a development or building project, for housing on-site the temporary administrative and supervisory functions, and for sheltering employees and equipment, related to the development.

Theater means the use of a site for presentation of plays, motion pictures, or other dramatic performances within a building.

Townhouse means a residential structure consisting of three or more dwelling units sharing one or more wall(s) with an abutting unit, each unit occupying space from ground to roof and having front and rear walls open directly to the outside for access.

Townhouse, common lot means a townhouse development having more than one dwelling unit per lot.

Townhouse, single-lot means a townhouse development having only one dwelling unit per lot.

Traffic impact analysis (TIA) means a study of the impacts of a development on the city's transportation system.

Transportation terminal means the use of a site for the provision of a facility for the loading, unloading, or interchange of passengers, baggage, or incidental freight or package express between modes of transportation, and includes bus terminals, railroad stations, airport terminals, and public transit facilities.

Tree means any self-supporting woody plant species that normally grows to an overall minimum height of 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.

Truck and trailer sales and rental means a facility offering sales and rental services for commercial trucks, including tractor and trailer units, to the general public. This definition does not include sales of consumer automobiles or trucks, or light duty fleet vehicles such as small trucks and vans.

Truck stop or travel center means a use primarily engaged in the maintenance, servicing, storage, parking or repair of commercial vehicles, including the sale of fuels or other petroleum products, and the sale of accessories or equipment for trucks and similar commercial vehicles. A travel center or truck stop may also include overnight accommodations, showers, restaurant facilities, game rooms, vehicle scales, and/or other activities intended primarily for use of truck crews and interregional travelers.

Upholstery shop means a business establishment engaged in the installation of soft covering material such as fabric and underlayment for furniture and other objects. Except however, with respect to motor vehicles, it shall only include interior upholstering. In no event shall an upholstery shop include the manufacture or building of furniture or other objects.

Urbanization means the process of constructing public improvements required to support suburban or urban land use.

Used automotive parts recycling means the dismantling and reuse or resale of used automotive parts and the safe disposal of salvage motor vehicles or nonrepairable motor vehicles, including the resale of those vehicles.

Utility services, minor means the facilities provided by a municipality or a franchised utility company for the distribution or collection of gas, water, surface drainage water, sewage, electric power, telephone or cable service and involving only ground-mounted mechanical equipment.

Utility services, major means primary substations, generating plants, water treatment plants, wastewater treatment plants and similar facilities.

Variance means an adjustment in the application of the specific regulations of this chapter to a parcel of property that, because of special conditions or circumstances peculiar to the parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Vehicle storage facility means a garage, parking lot, or other facility owned or operated by a person or business, other than a governmental entity, for storing or parking ten or more motor vehicles, including motorized waterborne vehicles, per year. This definition does not include businesses with the primary purpose of vehicle sales on the property within the corporate limits of the city, such as automotive dealerships.

Veterinary services, large means a use in which large animals such as horses, goats, and livestock are admitted for examination and medical treatment. This use does not include medical care for small animals such as dogs, cats, and birds.

Veterinary services, small means a use in which household pets, such as dogs, cats, and birds are admitted for examination and medical treatment, with all activities and work indoors. The use does not include medical care for large animals or livestock.

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.

Warehouse means an establishment engaged in the storage of merchandise or commodities in an enclosed structure.

Watercraft means a vessel subject to registration under chapter 31, Tex. Parks and Wildlife Code, as amended.

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-year storm event at a depth of eight inches or more and at a rate of 15 cubic feet per second or more. Street pavement shall in no instance be considered a waterway.

Wireless transmission facility (WTF) means an unstaffed facility composed of one or more of the following components: Antenna, equipment enclosure, security barrier, and/or communication tower. The facility is used for the transmission and reception of radio, microwave, or electromagnetic signals used for commercial communication by a wireless communication service provider.

Wireless transmission facility (WTF), attached means a wireless transmission facility (WTF) that is attached to a monopole, self-enclosed monopole, building or other permanent structure.

Wireless transmission facility (WTF), monopole means a wireless transmission facility constructed as a freestanding structure which consists of a single vertical pole, fixed into the ground and/or attached to a foundation with no guy wires, containing one or more externally mounted antennas and associated ground based equipment and supporting utilities.

Wireless transmission facility (WTF), stealth means manmade trees, clock towers, bell steeples, light poles and similar camouflaging designs that camouflage or conceal the presence of antenna or towers.

Working days means Monday through Friday exclusive of city-recognized holidays.

Yard means a required open space at grade between the building setback lines and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

Yard, front means a yard extending across the front of a lot between the side property boundaries and being the minimum horizontal distance between the street easement line and the front setback line. On corner lots the front yard shall be considered as parallel to the street upon which the yard has its least dimension.

Yard, rear means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear setback line.

Yard, side exterior means a yard extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side or streetside setback line.

Yard, side interior means the minimum spacing distance between two or more structures constructed on a common lot as a single development.

Zero-lot-line lot means a single-family lot that has a side wall along or near one of the lot lines so that a usable yard of a minimum of ten feet from the side lot line to the building line is created on the other side of the lot.

Zoning means the division of a municipality into districts to achieve compatible land use relationships, and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings in order to achieve that compatibility as defined in Chapter 211 of the Texas Local Government Code.

Zoning map means the official certified map showing the division of the city into districts, which is a part of this zoning ordinance.

Zoning (spot) means the zoning or rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan.

Zoning (strip) means, typically, commercial and/or retail zoning proposed to accommodate commercial or retail development, fronting a portion of a major street, usually one lot deep.

Zoo (private) means a facility housing and displaying live animals, reptiles or birds, privately owned and operated for a fee or for the promotion of some other enterprise.

Zoo (public) means a publicly owned zoo or similar facility owned and operated by a governmental entity or nonprofit zoological society where live animals, birds and reptiles are domiciled and displayed.

(Ord. No. 565, § 2, 2-19-2020; Ord. No. 599, § 3, 1-6-2021; Ord. No. 615, § 3, 7-7-2021; Ord. No. 657, § 3, 6-1-2022; Ord. No. 703, § 3, 5-3-2023)