1. Generally. Density is measured in two ways: gross density and net density (see Figure 7.1.101 , Illustrative Density Calculation).
2. Gross Density. Gross density is calculated by dividing the number of proposed dwelling units by the base site area.
3. Net Density. Net density is calculated by dividing the number of dwelling units by the net buildable area of the parcel proposed for development.

Effective on: 1/1/1901

1. Generally. The unit of measurement for intensity is called floor area ratio (FAR).
2. Calculation.
   1. For individual lots, FAR is calculated by dividing the total floor area on the lot by the lot area.
   2. For parcels proposed for development, gross FAR is calculated by dividing the total floor area on the parcel proposed for development by the base site area (see Figure 7.1.102, Illustrative Floor Area Ratio Calculation).
3. Structured Parking Exception. The floor area of a parking structure is not included in the calculation of FAR.

Figure 7.1.102 Illustrative Floor Area Ratio Calculation
EXAMPLE The example below is 80,000 square feet of floor area, located on a parcel with a 12 acre base site area. Its FAR is: 80,000 square feet Floor Area DIVIDED BY 522,720 square feet of Base Site Area (12 acres TIMES 43,560 square feet per acre) EQUALS 0.153 FAR

Effective on: 1/1/1901

The measurement of gross floor area (GFA) shall be computed by applying the following criteria:

1. Horizontal square footage is measured from the outside face of all exterior walls;
2. Cellars; basements; penthouses; attics; covered or uncovered porches, terraces, or breezeways; balconies and decks; enclosed storage or mechanical areas; mezzanines; and similar structures shall be included as GFA wherever at least seven feet are provided between the finished floor and the ceiling;
3. No deduction shall apply for horizontal areas void of actual floor space (e.g., elevator shafts and stairwells); and
4. Protected upper floors of open atriums and foyers shall not be included.

Effective on: 1/1/1901

1. Buildings. Building height is calculated by measuring the vertical distance from the average finished grade along the front building line to:
   1. The highest peak or ridge line of the roof for pitched roof styles; or
   2. The top of the parapet for flat roof systems.
2. Other Structures. Structure height is calculated by measuring the vertical distance from the average finished grade around the base of the structure to the highest point on the structure. This measurement applies to:
   1. Structures without roofs (e.g., fences); and
   2. Amateur radio antennae, whether mounted on a roof, the ground, or another structure.
3. Specialized Structures and Building Appurtenances.
   1. Specialized structures and building appurtenances are not counted in the calculation of building height, provided that:
      1. They project not more than:
         1. Fifteen feet above the highest point on the building for buildings that are two stories in height or higher; or
         2. Seven feet above the highest point on the building for buildings that are less than two stories in height.
      2. They occupy not more than 10 percent of the total roof area of the building; and
      3. They are not used for human habitation, nonresidential, or industrial purposes, except as incidental to the operation of the building.
   2. For the purposes of this Subsection, "specialized structures and building appurtenances" means:
      1. Roof structures for the housing of elevators, stairways, tanks, or similar equipment required to operate and maintain the building;
      2. Architectural towers, steeples, flagpoles, ventilating fans, chimneys, smokestacks (except as provided in Subsection D., below);
      3. Skylights, solar panels, and solar water heaters; and
      4. Satellite dishes and antennae that are regulated by Section 5.1.102, Satellite Dishes and Antennae.
4. Smokestacks. Smokestacks shall be permitted to a height of 90 feet in the IG district. In other districts, they are subject to Subsection C., above.

Effective on: 1/1/1901

Lot area is calculated as the area within the property lines of a lot (see Figure 7.1.105, Illustrative Lot Area Calculation). Lot area is used:

1. To calculate lot coverage;
2. To calculate floor area ratio; and
3. To determine compliance with minimum lot area requirements, such as in the design of new subdivision.

Figure 7.1.105 Illustrative Lot Area Calculation
Example: The example at right is a rectangular lot. 65 ft. wide x 125 ft. deep = 8,125 sq. ft. lot area

Effective on: 1/1/1901

1. Lot Coverage. The measurements of lot coverage are as follows.
   1. Measurements for buildings and structures are taken on a horizontal plane at the main grade level of the principal building or structure and all accessory buildings or structures. All dimensions are measured between the exterior faces of walls.
   2. Measurements for driveways, walkways, parking lots, and other non-elevated structures (e.g., pools) are taken using the area delineated by the improved hard surface.
2. Lot Coverage Ratio. Lot coverage ratio is lot coverage divided by lot area (see Figure 7.1.106, Lot Coverage Ratio Illustration).

Figure 7.1.106 Lot Coverage Ratio Illustration

Effective on: 1/1/1901

1. Generally. Lot width is measured from one side lot line to the opposite side lot line at the front setback line (see Figure 7.1.107A, Measurement of Lot Width; Standard Lots).

Figure 7.1.107A Measurement of Lot Width; Standard Lots

2. Corner Lots. Lot width is measured from the interior side lot line to the side street lot line along the front building line, minus the difference between the street yard setback and the side yard setback (see Figure 7.1.107B, Measurement of Lot Width; Corner Lots).

Figure 7.1.107B Measurement of Lot Width; Corner Lots

3. Irregular Lots. Lot width is the distance from one side lot line to the opposite side lot line along the tangent of the curve representing the front building line (see Figure 7.1.107C, Measurement of Lot Width; Irregular Lots). Generally, the front building line is the front setback line. However, if an alternative front building line has been established on the plat of a subdivision that is more distant than the front setback line from the front property line, then the lot width is measured at the alternative front building line.

Figure 7.1.107C Measurement of Lot Width; Irregular Lots

Effective on: 1/1/1901

1. Generally. Open Space Ratio (OSR) and Landscape Surface Ratio (LSR) are related concepts. OSR applies to residential development, and refers to commonly owned open space (open space that is not located on private lots). LSR applies to landscaped areas in nonresidential development. OSR and LSR are not necessarily a measure of "green" open space on a parcel proposed for development, as it may also refer to areas of open water. The following delineations further define what can or cannot be counted as open space or landscape surface.
   1. Allowable Areas. Bufferyard requirements, parking lot landscaping, natural resource protection standards, stormwater management systems, passive recreation areas, and other requirements of this UDC that require common areas to be landscaped or remain undeveloped shall count as open space or landscape surface area, and may, in the aggregate, require more open space than the OSR or LSR would require.
   2. Prohibited Areas.
      1. Open spaces that do not qualify for the calculation of OSR include any areas on private, buildable lots and any commonly-owned open space that is less than 320 contiguous square feet.
      2. Open spaces that do not qualify for the calculation of LSR include any area that is less than 320 contiguous square feet and areas set aside for parking spaces that are intended for future development.
2. Calculation.
   1. Open Space Ratio. OSR is calculated by dividing the total amount of commonly-owned open space on the residential parcel proposed for development by the total area of the entire parcel proposed for development. See Figure 7.1.108A, Illustrative Measurement of Open Space Ratio (OSR).
   2. Landscape Surface Ratio. LSR is calculated by dividing the total amount of landscaped and open space area on a nonresidential parcel proposed for development by the entire area of the parcel proposed for development. See Figure 7.1.108B, Illustrative Measurement of Landscape Surface Ratio (LSR).

Figure 7.1.108A Illustrative Measurement of Open Space Ratio (OSR)
EXAMPLE 6 acres of Common Open Space DIVIDED BY 12 acre Area of Parcel Proposed for Development EQUALS 50% OSR
Total Area of Parcel Proposed for Development: 12 acres

Figure 7.1.108B Illustrative Measurement of Landscape Surface Ratio (OSR)
EXAMPLE 5 acres of Landscape Surface Area DIVIDED BY 12 acre Area of Parcel Proposed for Development EQUALS 41.7% LSR
Total Area of Parcel Proposed for Development: 12 acres

Effective on: 1/1/1901

1. Standard Lots. Setbacks are measured from lot lines towards the center of the lot (see Figure 7.1.109A, Setbacks on Standards Lots), as follows:
   1. Front setbacks (abbreviated "SF") are measured from the front lot line. The front lot line is the lot line that abuts the right-of-way from which the lot takes its address. For corner lots with standard curb radii, the front setback is not measured from the curved portion of the lot (however, a portion of this area is included in the required sight triangle).
   2. Rear setbacks (abbreviated "SR") are measured from the rear lot line. The rear lot line is the lot line that is opposite from the front lot line.
   3. Side setbacks (abbreviated "S1" and "S2") are measured from side lot lines. Side lot lines are lot lines that intersect with front lot lines.
   4. Street side setbacks (abbreviated "SS") are measured from street side lot lines.

Figure 7.1.109A Setbacks on Standard Lots

2. Odd-Shaped Lots. Setbacks are measured from lot lines towards the center of the lot, as follows, and as depicted in Figure 7.1.109B, Setbacks on Odd-Shaped Lots:
   1. Generally, setbacks are measured as set out in Subsection A., above.
   2. Where lot lines are curvilinear, setbacks shall be measured as offsets from the curvilinear lot line.
   3. Where there are multiple rear lot lines, the rear setback is measured as offsets from the multiple rear lot lines.
   4. Where there is no rear lot line, the rear setback shall be measured as a radial distance from the intersection of side lot lines at the rear of the lot.
   5. Where the front lot line is an arc, the street side setback area is defined as the area behind the front building line along the arc of the street.

Figure 7.1.109B Setbacks on Odd-Shaped Lots

Effective on: 1/1/1901

1. Generally. Sign area is calculated by computing the entire area of the smallest, square, circle, rectangle, or triangle that encompasses the outer limited of the sign face, including any open areas within the sign face or faces individually. The area excludes the structure upon which the sign is placed (unless the structure is an integral part of the display or used to differentiate it). When the signage consists of individual letters, comprising individual words on a building, the area is calculated by computing the smallest square, circle, rectangle, or triangle that will encompass each word, logo, or symbol. The open spaces between words or other individual components is not included in the calculation (see Figure 7.1.110A, Sign Area).

Figure 7.1.110A Sign Area

The sign area of the following signs is measured as A x B, or in the case of a round sign, the circumference measured by the sign radii.

2. Maximum Permitted Sign Area. The maximum permitted sign area for a premises is set out as a numerical limit or as a function of the frontage of the premises on a street or private street. For properties with frontage on more than one street or private street, the total frontage shall be calculated as the longest frontage plus one-half the length of all additional frontages.
3. Double-Faces. For projecting or double-faced signs (see Figure 7.1.110B, Sign Area, Illustration of Double-Faced Signs, below), only one display face is measured in computing sign area which the sign faces are parallel, or where the interior angle formed by the faces is 60 degrees or less, provided that the signs are mounted on the same structure. If the two faces of a double-faced sign are of unequal area, the area of the sign shall be taken as the area of the larger face.

Figure 7.1.110B Sign Area, Illustration of Double-Faced Signs

Effective on: 1/1/1901

1. Signable Area.
   1. Wall Signs. A two-dimensional area on the facade of a building that describes the largest square, rectangle, or parallelogram which is free of architectural details.
   2. Window Signs. The area of glass within a window frame.
   3. Other Signs. The area of the face of a sign which is designed to be used for text and graphics (the signable area does not include the sign’s supporting frame or structure, if any, provided that such frame or structure is not designed to display text or graphics).
      1. The sign area for ground signs, monument signs, and architectural sign bands are calculated as the area enclosing the extreme limits of the copy only.
      2. In the case of individual letters mounted to a wall, only the total area of the letters themselves is included with the sign area.
      3. In the case of multi-prism indexing sign, sign area is calculated as the area within the perimeter enclosing the extreme limits of the sign face, regardless of the number of individual messages displayed on the sign.
2. Signable Area Ratio. Signable area ratio is the sign area divided by the signable area. It is expressed as a percentage.
3. Relationship Between Maximum Sign Area and Maximum Area Ratio. Where both a maximum sign area and a maximum signable area ratio are set out, the standards that results in the least sign area applies.

Effective on: 1/1/1901

Sign clearance is the distance between the bottom of a sign and the nearest point on the surface under it (see Figure 7.1.112, Sign Clearance).

Figure 7.1.112 Sign Clearance

Effective on: 1/1/1901

1. Generally. Sign height is the distance from the average grade of the surface under the sign to the top of the sign or sign structure, whichever is higher. However, chains or brackets that suspend a single sign from a horizontal plane of the building, awning, or canopy are not counted.
2. Monument Signs. The height of monument signs is measured as provide in this Section, unless the surface under the sign is lower than the centerline of the abutting street, in which case the height is measured from the average elevation of the centerline of the abutting street along the frontage of the parcel proposed for development to the top of the sign or sign structure, whichever is higher (see Figure 7.1.113 , Monument Sign Height).

Figure 7.1.113 Monument Sign Height

Effective on: 1/1/1901

Sign items of information are a words, logos, abbreviations, symbols, geometric shapes, images, or numbers with 10 or fewer digits (punctuation of numbers does not increase the number of items of information). See Figure 7.1.114, Items of Information.

Figure 7.1.114 Items of Information

Effective on: 1/1/1901

1. Generally. For purposes of interpretation of this UDC, the following rules of construction apply:
   1. The particular controls the general.
   2. Words used in the present tense include the future, words in the singular include the plural, and words of one gender include all other genders, unless the context clearly indicates the contrary.
   3. The word "shall" is mandatory.
   4. The word "may" is permissive.
2. Defined Words and Phrases. Words and phrases which are defined in Division 7.1.300, Definitions, are those having a special meaning relative to the purposes of this UDC. All words, terms and phrases not otherwise defined herein shall be given their usual and customary meanings, unless the context clearly indicates a different meaning was intended.

Effective on: 1/1/1901

1. Generally. For purposes of interpretation of this UDC, the following rules apply regarding internal cross-references, external hyplerlinks, section titles, and illustrations.
2. Internal Cross-References. If a cross-reference is set out within this UDC, the cross-reference refers to another part of this UDC unless a separate document is specifically included in the cross-reference.
3. External Hyperlinks.
   1. Statutes and United States Code References.
      1. References to the Texas Local Government Code or United States Code shall be interpreted to mean the most current version of the referenced Section at the time the reference is applied. If a referenced Section is repealed and replaced by another Section of the Texas Local Government Code or United States Code with comparable subject matter, the replacement Section shall control. If a referenced Section is repealed and not replaced, the repealed Section shall control if it is within the statutory authority of the City to effectuate such result, or the application shall be held (and not considered officially filed) for up to 12 weeks for the City to revise this UDC to resolve the reference and establish an appropriate rule or policy.
      2. Where referenced Sections are the source of authority for the promulgation of administrative rules, references to the Texas Local Government Code or United States Code shall be interpreted to include the phrases "and rules promulgated thereunder."
   2. Disclaimer Regarding Hyperlinks. Hyperlinks to the Texas Local Government Code or other external documents within the online version of this UDC are provided for the convenience of the user. The Texas Local Government Code and other referenced documents stand in their own right and are not a part of this UDC unless specifically incorporated by reference (e.g., the "official zoning map") or by application of Subsection C.1., above. Broken and misdirected hyperlinks may occur as a result of typographical or administrative error or changes in the location of the referenced documents, and shall have no force with respect to the interpretation of this UDC.
   3. Authorization to Maintain Hyperlinks. The Code Official is authorized, without further action by the City Commission, to:
      1. Add, remove, and maintain hyperlinks to external materials that are referred to in this UDC; and
      2. Add, remove, and maintain hyperlinks among related Sections and definitions within this UDC, whether the related Sections and definitions are set out within the adopted text or provided as annotations for ease of access and reference (however, annotations shall be clearly marked as such).
4. Section Titles. In case of difference of meaning or implication between the regulatory provisions of this UDC and the section titles for each Chapter, Article, Division, Section, or Subsection, the text of the regulatory provisions shall control.
5. Illustrations. The illustrations provided in this UDC are intended to provide visual guidance regarding how particular standards are to be applied, and are not intended as standards in their own right.
   1. Conflicts. Where there is a conflict between the text, caption, or graphic in an illustration and the text of the regulatory provisions of this UDC, the text of the regulatory provisions shall control.
   2. Authorization to Create, Delete, and Modify Illustrations. To facilitate the application and understanding of the provisions of this UDC, the Code Official is authorized to create, delete, and modify the illustrations herein, and to provide or delete references within the text of this UDC, without an official amendment to the regulatory provisions of this UDC.

Effective on: 1/1/1901

Effective on: 10/1/2015

Effective on: 10/1/2015

Effective on: 10/1/2015

Abandonment means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Effective on: 10/1/2015

Abutting, when referring to lots, parcels or property, means next to and having some portion of a boundary that is coterminous with the parcel proposed for development. Lots or parcels that are separated only by an alley are abutting if their property lines would be shared if they extended to the centerline of the alley.

Effective on: 10/1/2015

Access means an area designated as a way for vehicles to enter or leave a property or lot to a public or private street or alley. Access is intended to permit residents to bring their vehicles onto the property, to allow employees, customers, or tenants to park, and to provide for public access in emergencies.

Effective on: 10/1/2015

Access Easement means a private easement for vehicular access across one lot or parcel to another (e.g., a driveway across a lot to access another lot). Cross-access easements are reciprocal arrangements that provide for the free flow of vehicles across the property line of abutting lots (e.g., a driveway connection between abutting shopping centers).

Effective on: 10/1/2015

Accessory Building means a building that is subordinate to the principal building which serves a purpose that is customarily associated with the principal use. Examples of accessory buildings include storage sheds and detached residential garages. The phrase "accessory building" does not include a parking structure.

Effective on: 10/1/2015

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

Effective on: 10/1/2015

Accessory Structure means a structure which is on the same parcel of property as a principal use or building the use of which is incidental to the use of the principal use or building (e.g., gazebos and carports).

Effective on: 10/1/2015

Accessory Use means a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

Effective on: 10/1/2015

Adjacent means an area that has a common property line with, or that is separated from a parcel proposed for development by public right-of-way.

Effective on: 10/1/2015

Agriculture, General means land (with and without farm residences) which is primarily used for the commercial production of field crops for food, fiber, or energy; orchards; viniculture; horticulture; dairying; pasturage; aquaculture, and truck farming. The term also includes the raising or breeding of livestock, cattle, horses, poultry, where there is no more than one animal equivalent unit per acre, and the keeping of bees. The term includes the necessary accessory uses for storing the products and inputs needed to produce them. The phrase does not include the phrase "community garden" or "nursery/greenhouse, retail."

Effective on: 10/1/2015

Airports means aircraft take-off and landing fields and flight training schools; or airstrips for personal aircraft for the private use of an individual. The term "airport" also includes the term "helistop."

Effective on: 10/1/2015

Alcoholic Beverage Sales means the following:

1. Offsite Consumption means the retail sale of beer, wine, or other alcoholic beverages for off-premise consumption.
2. Onsite Consumption means the retail sale of beer, wine, or other alcoholic beverages for on-premises consumption.

Effective on: 10/1/2015

Alluvial Fan Flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by:

1. High-velocity flows;
2. Active processes of erosion, sediment transport, and deposition; and
3. Unpredictable flow paths.

Effective on: 10/1/2015

Alteration means any act or process that changes one or more of historic, architectural, or physical features of an area, site, place, and/or structure, including but not limited to the erection, construction, reconstruction or removal of any structure.

Effective on: 10/1/2015

Animal Grooming Facility means an establishment where domestic animals are bathed, clipped, or combed for the purpose of enhancing their appearance or health, and for which a fee is charged, but not including overnight boarding of animals.

Effective on: 10/1/2015

Animal Boarding and Veterinarian Services, Large Animal means an animal hospital or clinic that provides services for horses and other livestock, and which may board animals in the course of treatment. The phrase "animal boarding and veterinarian services, large animal" does not include "animal boarding and veterinarian services, small animal."

Effective on: 10/1/2015

Animal Boarding and Veterinarian Services, Small Animal means veterinary clinics, hospitals, or other facilities that provide care and boarding of small domestic animals. The phrase "animal boarding and veterinarian, small animal" does not include "animal boarding and veterinarian services, large animal."

Effective on: 10/1/2015

Apartment means a multi-family building type that is comprised of three or more dwelling units, each having an entrance to a hallway, stairway, or balcony in common with at least one other dwelling unit.

Effective on: 10/1/2015

Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Effective on: 10/1/2015

Applicant means a person, firm, or governmental agency that executes the necessary forms to obtain development approval (including permits) for any zoning, subdivision, land development, building, land disturbing activity, or other activity regulated by this UDC.

Effective on: 10/1/2015

Architectural Details means the small details like moldings, carved woodwork, etc. that add character to a building.

Effective on: 10/1/2015

Area of Shallow Flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on the City's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Effective on: 10/1/2015

Area of Special Flood Hazard means the land in the floodplain that is subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. The term "area of special flood hazard" is also referred to as "special flood hazard area."

Effective on: 10/1/2015

Asphalt or Concrete Batching Plant means a temporary light manufacturing facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction of a specific site or project, and includes facilities for the administration and management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises, and the storage and maintenance of required equipment. This facility does not include the retail sale of finished asphalt or concrete products.

Effective on: 10/1/2015

Assisted Living Facility means an establishment that:

1. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment;
2. Provides:
   1. Personal care services; or
   2. Administration of medication by a person licensed or otherwise authorized in this State to administer the medication; and
3. May provide assistance with or supervision of the administration of medication.

See Texas Health and Safety Code, Chapter 247.

Effective on: 10/1/2015

Authorized Enforcement Agency means employees or designees of the City Manager designated to enforce storm water regulations in regard to this UDC.

Effective on: 10/1/2015

Bar or Nightclub means a commercial establishment which can further defined as:

1. Bar. An establishment where the primary purpose is to sell alcohol beverages for on-premise consumption; or
2. Nightclub. An establishment where the consumption of alcoholic beverages (sold at the facility or brought in by patrons) is combined with dancing and / or musical entertainment.

The term "bar or nightclub" is sometimes also called a cocktail lounge, tavern, saloon, cantina, etc. The term "bar or nightclub" does not mean a restaurant, as the sale of food is an accessory use to the primary purposes described above.

Effective on: 10/1/2015

Base Flood means a flood having a one percent chance of being equaled or exceeded in any given year.

Effective on: 10/1/2015

Base Flood Elevation means the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percent chance of equaling or exceeding that level in any given year (also called the base flood).

Effective on: 10/1/2015

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Effective on: 10/1/2015

Best Management Practices or BMPs means the schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Effective on: 10/1/2015

Biodegradable means the capability of being decomposed by biological agents, especially bacteria.

Effective on: 10/1/2015

Block means a piece of land surrounded on all sides by streets or other transportation rights-of-way or by physical barriers such as waterbodies, watercourses, or public open spaces. Blocks are normally divided into lots.

Effective on: 10/1/2015

Buffer means open spaces, landscaped areas, fences, walls, berms, or any combination thereof, which are used to physically and visually separate one use or property from an abutting property in order to mitigate the impacts of noise, light, or other nuisance.

Effective on: 10/1/2015

Bufferyard means a designated strip of land upon which a buffer is installed. Bufferyards may be required between land uses, along district boundaries, along parking lot boundaries, and along street and railroad rights-of-way.

Effective on: 10/1/2015

Building means a structure that has a roof and walls, and which is intended to shelter people, animals, property, or business activity, and includes any structure used or intended to be used for supporting or sheltering a use or occupancy. The term "building" shall be construed as if it were followed by the words "or part or parts thereof and all equipment therein."

The term building may also mean an industrialized building which is a nonresidential structure that is constructed off-site as one or more modular components (including the installation of plumbing, heating, air conditioning, and electrical systems), bearing an approved decal or insignia, and then transported to the site to be affixed to a permanent foundation. To approve a building permit for an industrialized building, the Code Official shall review the designs, plans, and specifications, whereby each page must be stamped by the Texas Industrialized Building Code Council (which is the state-designated authority that ensures that all preconfigured modular components are in compliance with state-mandated building codes). On-site building code inspections are to be made by the state-designated authority and witnessed by the Code Official.

See Tex. Occ. Code §1202, Industrialized Housing and Buildings.

Effective on: 10/1/2015

Building Code means any code for construction of buildings and structures as adopted from time to time by the City of Richmond, Texas.

Effective on: 10/1/2015

Building Envelope is the maximum three-dimensional space on a lot within which a building can be built, as permitted by the setback and height requirements of the applicable zoning district.

(Ord. No. 2021-29, 12/20/2021)

Effective on: 12/20/2021

Camping Trailer means a portable unit mounted on wheels and constructed of collapsible partial side walls, which fold for towing by another vehicle and unfold to provide temporary living quarters for recreational, camping or trailer use.

Effective on: 10/1/2015

College / University / Vocational School means a community college, college, university, vocational / technical school, trade school, language school, business school, training center, beauty school, culinary school, and comparable advanced or continuing education facilities. The phrase "college / university / vocational school" does not include music schools, fitness centers, sports instruction, swimming instruction, or martial arts instruction.

Effective on: 10/1/2015

Certificate of Appropriateness means an order issued by the Richmond Historic Commission indicating approval of plans for alteration, construction, or removal affecting a designated landmark or property within a designated district.

Effective on: 10/1/2015

Certified Local Government means a local government certified or approved by the State Historic Preservation Office (SHPO), which has an appointed commission to oversee the survey and inventory of historic resources, to review areas for historically significant structures, and to develop and maintain community planning and education programs.

Effective on: 10/1/2015

Certificate of Occupancy means an official certificate issued by the Code Official that sets out that a building, structure, or use legally complies with this UDC and the applicable building codes, and that the building, structure, or use may be used for the purposes stated therein.

Effective on: 10/1/2015

Channel means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Effective on: 10/1/2015

Child-Care Facility means a facility licensed, certified, or registered by the State to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.

See Texas Human Resources Code, Chapter 42.

Effective on: 10/1/2015

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

See Texas Human Resources Code, Chapter 42.

Effective on: 10/1/2015

Child-Care Facility, Residential ("RCCF") means a facility licensed or certified by the state that operates for all of the 24-hour day. The term includes general residential operations, child-placing agencies, foster group homes, foster homes, agency foster group homes, and agency foster homes, which are further defined as follows:

1. General Residential Operation means a child-care facility that provides care for more than 12 children for 24 hours a day, including facilities known as children's homes, halfway houses, residential treatment centers, emergency shelters, and therapeutic camps.
2. Child-Placing Agency means a person, including an organization, other than the natural parents or guardian of a child who plans for the placement of or places a child in a child-care facility, agency foster home, agency foster group home, or adoptive home.
3. Foster Group Home means a child-care facility that provides care for 7 to 12 children for 24 hours a day.
4. Foster Home means a child-care facility that provides care for not more than six children for 24 hours a day.
5. Agency Foster Group Home means a facility that provides care for seven to 12 children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards.
6. Agency Foster Home means a facility that provides care for not more than six children for 24 hours a day, is used only by a licensed child-placing agency, and meets department standards.

Effective on: 10/1/2015

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

See Texas Human Resources Code, Chapter 42.

Effective on: 10/1/2015

Child Care Facility, Day Care means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week, which could include the following:

1. Before or After-School Programs. Provides care before or after, or before and after, the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend pre-kindergarten through grade six.
2. School-Age Programs. Provides supervision, along with recreation or skills instruction or training, and may provide transportation, before or after the customary school day, for at least two hours a day, three days a week, to children attending pre-kindergarten through grade six. A school-age program may also operate during school holidays, the summer period, or any other time when school is not in session.

See Texas Human Resources Code, Chapter 42.

Effective on: 10/1/2015

City means the City of Richmond, an incorporated area of Fort Bend County, Texas.

Effective on: 10/1/2015

City Commission means the City of Richmond, Fort Bend County, Texas, City Commission.

Effective on: 10/1/2015

Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

Effective on: 10/1/2015

Clinic means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including diagnostic services, treatment, training, administration, and services to outpatients, employees, or visitors. The term clinic includes immediate care facilities, where urgent care treatment is the dominant form of care provided at the facility, but does not include hospital, freestanding emergency medical care facility, or State-designated trauma center.

Effective on: 10/1/2015

Code Official means the designated authority of the, or designee thereof, whose duties include administration and enforcement of these regulations.

Effective on: 10/1/2015

Commercial Amusement, Indoor means uses that provide commercial amusement indoors, including, but not limited to:

1. Bowling alleys and pool rooms;
2. Movie theaters and live theaters;
3. Indoor skating rinks (ice or roller);
4. Indoor velodromes;
5. Video arcades; and
6. Local area network computer gaming centers (not including "internet cafes / sweepstakes").

The phrase "commercial amusement, indoor" does not mean "sexually-oriented businesses."

Effective on: 10/1/2015

Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors, including, but not limited to:

1. Amusement or water parks;
2. Batting cages;
3. Fairgrounds;
4. Miniature golf establishments;
5. Golf course / club;
6. Golf driving ranges; and
7. Stadiums / arenas / drive-in theaters.

The phrase "commercial amusement, outdoor" does not mean "sexually-oriented businesses."

Effective on: 10/1/2015

Commercial Outdoor Sales Event means the periodic outdoor sales of merchandise on-site by occupants of a commercial lot or parcel.

Effective on: 10/1/2015

Communicable Disease means Methicillin-resistant Staphylococcus aureus (MRSA), scabies, and tuberculosis.

(Ord. No. 2021-19, 09/20/2021)

Effective on: 9/20/2021

Community Garden means a private or public area of land that is used for the noncommercial cultivation of fruits, herbs, flowers, vegetables, or ornamental plants by more than one person or family.

Effective on: 10/1/2015

Comprehensive Master Plan means the City's Comprehensive Master Plan, as amended from time to time.

Effective on: 10/1/2015

Conditional Use means a use, which because of its potential impacts, may be permitted in a given zoning district and specific standards, which are intended to improve compatibility for abutting properties and the community as a whole.

Effective on: 10/1/2015

Conditional Use Permit means a discretionary approval reviewed by the Planning and Zoning Commission and granted by the City Commission for conditional uses.

Effective on: 10/1/2015

Condominium means a set of legal interests in real property consisting of:

1. An undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with
2. A separate interest in real property, in an interest or interests in real property, or in any combination thereof.

Effective on: 10/1/2015

Contiguous means land that abuts other land or lands that are separated only by streets, alleys, pipelines, electric power lines, conduits, or rights-of-way, owned in fee or less than fee by third parties.

Effective on: 10/1/2015

Contributing building means a historic building that is at least 50 years old or older that retains a significant amount of its physical integrity and character defining features or that is associated with significant people or events.

Effective on: 10/1/2015

Controlled Access means the complete building or facility area under direct physical control within which unauthorized persons are denied unrestricted access. Controlled access facilities use access control systems to restrict entry to the building or its amenities.

(Ord. No. 2024-21, 12/16/2024)

Effective on: 12/16/2024

Cottage means a small single-family detached dwelling unit with ground level gross floor area of less than 1,000 square feet which is intended for small lots in specified zoning districts.

Effective on: 10/1/2015

Covenants, Conditions, and Restrictions means a restriction on the use or development of land, or which requires affirmative actions to be performed (e.g., the payment of dues to a property owners' association, maintenance of common open space, etc.), that is set forth in a recorded agreement, and that runs with the land (i.e., it is binding upon subsequent owners of the property).

Effective on: 10/1/2015

Custom Assembly means the on-site production of goods by hand manufacturing that generally involves only the use of hand tools. The incidental direct sale to consumers of the goods produced on-site is permitted.

(Ord. No. 2018-10, 07/16/2018)

Effective on: 7/16/2018

Cut-off Fixture means an outdoor lighting fixture, or luminaire, with shields, reflectors, or panels that direct and cut off the light at an angle that is less than 90 degrees.

Effective on: 10/1/2015

Date of Sign Abandonment means the date a sign was intentional or relinquished in use.

Effective on: 10/1/2015

Density means the number of dwelling units allowed per unit of land area of a parcel proposed for development. Density is measured as gross density and net density, which are measured as provided in Section 7.1.101, Density.

Effective on: 10/1/2015

Design Guidelines mean guidelines of appropriateness or compatibility of building design within a community or historic district. Often in the form of a handbook, design guidelines contain drawings and accompanying "do's and don'ts."

For the property owner, The Richmond Historic Commission has authority to administer design guidelines.

Effective on: 10/1/2015

Design Review means the decision making process conducted by the Richmond Historic Commission or an appointed heritage preservation officer that is guided by established terms.

Effective on: 10/1/2015

Demolition by Neglect means allowing a building to fall into such a state of disrepair that it becomes necessary or desirable to demolish it.

Effective on: 10/1/2015

Detention means the temporary storage of storm water runoff, to control the peak discharge rates and provide for gravity settling of pollutants and sediments.

Effective on: 10/1/2015

Developer means a person seeking to construct buildings or structures, or otherwise improve a parcel proposed for development as defined in this UDC. In certain instances, a developer may also be a subdivider.

Effective on: 10/1/2015

Development means the construction of a new building or other structures on a lot, the relocation of an existing building on another lot, or the use of open land for a new use. In addition, it also means any man-made change to improved or unimproved land, buildings, or structures, including, but not limited to, parking, fences, pools, signs, temporary uses, clearing of land, dredging, filling, grading, paving, or excavation.

Effective on: 10/1/2015

Development Approval means any written authorization from a governmental entity that authorizes the commencement of development.

Effective on: 10/1/2015

Discontinued means to stop doing or providing (something); end or abandon.

Effective on: 10/1/2015

Downtown Lofts means apartments located in downtown Richmond which are housed on the second floor and above of a building.

Effective on: 10/1/2015

Drainage Way means a delineated area that contributes or is proposed to contribute runoff to a specific location or point.

Effective on: 10/1/2015

Drive-in / Drive Through Facility means a facility used by an approved use to provide service to customers in vehicles who either:

1. Drive up to a window or station; or
2. Drive through the building for purchases.

Effective on: 10/1/2015

Driveway means a private accessway, primarily for vehicles, leading from a street to a parking or loading area.

Effective on: 10/1/2015

Dry Hydrant means a non-pressurized, permanently installed pipe that has one end below the water level of a pond or container.

Effective on: 10/1/2015

Duplex means a single-family attached building which contains two dwelling units, each of which is totally separated from the other by:

1. An unpierced wall extending from foundation to roof ("side-by-side" duplex); or
2. A ceiling / floor that extends from exterior wall to exterior wall, pierced only by a stairway that is not inside of either dwelling unit ("over-under" duplex).

Industrialized duplex housing shall be required to have similar exterior siding, roofing, roofing pitch, foundation fascia, fenestration, and a value equal to or greater than the median taxable value for each duplex dwelling unit located within 500 feet of the lot in on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county.

See Tex. Occ. Code §1202, Industrialized Housing and Buildings.

Effective on: 10/1/2015

Dwelling Unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family, with separate facilities for all of the following: sanitation, living, sleeping, cooking, and eating.

The term dwelling unit may also means industrialized housing which is designed for the residential occupancy of one or more families, constructed off-site as one or more modular components (including the installation of plumbing, heating, air conditioning, and electrical systems), bearing an approved decal or insignia, and then transported to the site to be affixed to a permanent foundation. To approve a building permit for industrialized housing, the Code Official shall review the designs, plans, and specifications, whereby each page must be stamped by the Texas Industrialized Building Code Council (which is the state-designated authority that ensures that all preconfigured modular components are in compliance with state-mandated building codes). On-site building code inspections are to be made by the state-designated authority and witnessed by the Code Official.

See Tex. Occ. Code §1202, Industrialized Housing and Buildings.

Effective on: 10/1/2015

Easement means any portion of a lot subject to an agreement between a private property owner and another party which grants the other party the right to make limited use of that portion of the property, whether on, over, or under the property, for a specified purpose. In no case shall an easement be construed to mean right-of-way.

Effective on: 10/1/2015

Effective Date means the date that this UDC first became effective, and individual Sections were amended.

Effective on: 10/1/2015

Elevated Building means a non-basement building, which has its lowest elevated floor, raised above the base flood elevation by foundation walls, shear walls, posts, piers, pilings, or columns to comply with local, state, and/federal floodplain management regulations.

Effective on: 10/1/2015

Encroachment means:

1. Generally:
   1. A building or structure, or part thereof, that is located:
      1. Between a lot line and the nearest required setback line for the building or structure; or
      2. In an easement which does not allow for the building or structure; or
   2. A part of a building or structure that crosses a lot line:
      1. Into another lot under separate ownership; or
      2. Onto a right-of-way.
2. As referred to in Division 4.2.200, Floodplain Management and Flood Damage Prevention, an addition to or change to the physical condition of a specified type of flood hazard area that results in the blockage, diversion or displacement of floodwaters.

Effective on: 10/1/2015

Erosion means the process by which the land surface is worn away by the action of water, wind, ice or gravity.

Effective on: 10/1/2015

Event Facility means a facility that may temporarily hold a large number of persons that attend a special use such as a conference, ceremony, exhibit, etc. (e.g., banquet hall or lodge). Meals may or may not be served or made available in such facilities.

Effective on: 10/1/2015

Exterior Architectural Feature shall mean, but not be limited to, architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to the view from a public way.

Effective on: 10/1/2015

Extraterritorial Jurisdiction (ETJ) means an unincorporated area that is contiguous to the corporate boundaries of the City of Richmond, Texas, which through the authorities provided by state law, allows the City to extend some regulatory provisions (e.g., the subdivision of property less than five acres in size) into the unincorporated area as a means to protect the general health, safety, and welfare of persons residing in and adjacent to the City, and as a means to define future growth and service boundaries.

Effective on: 10/1/2015

Façade means the exterior side of a building which faces, and is most nearly parallel to, a public or private street. The façade shall include the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies, and visible roof structures of one complete elevation.

Effective on: 10/1/2015

Fence means a constructed vertical structure, barrier or partition of any material or combination of materials erected to enclose, screen, or separate outdoor areas, and which has no roof or overhead covering. A fence differs from a wall in not having a solid foundation along its entire length.

(Ord. No. 2021-29, 12/20/2021)

Effective on: 12/20/2021

Fill means a deposit of materials of any kind placed by artificial means.

Effective on: 10/1/2015

Floatable Materials means any material that is not secured in place or completely enclosed in a structure, so that it could float off site during the occurrence of a flood and potentially cause harm to downstream property owners, or that could cause blockage of a culvert, bridge or other drainage facility. This includes, without limitation, lumber, vehicles, boats, equipment, trash dumpsters, tires, drums or other containers, pieces of metal, plastic or any other item or material likely to float.

Effective on: 10/1/2015

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry lands areas from:

1. The overflow of waters; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.

Effective on: 10/1/2015

Flood Elevation Study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Effective on: 10/1/2015

Flood Fringe means the portion of the floodplain outside of the floodway covered by floodwaters during the regulatory flood.

Effective on: 10/1/2015

Flood Insurance Rate Map (FIRM) means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Effective on: 10/1/2015

Flood Insurance Study. See the phrase "flood elevation study."

Effective on: 10/1/2015

Floodplain or Flood-Prone Area means any land area susceptible to being inundated by water from any source. See the term "flood or flooding."

Effective on: 10/1/2015

Floodplain Management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

Effective on: 10/1/2015

Floodplain Management Regulations means zoning ordinances, subdivision ordinances, building codes, health regulations, special purpose ordinances and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Effective on: 10/1/2015

Floodproofing or Floodproofed means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Effective on: 10/1/2015

Floodway (or "Regulatory Floodway") means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Effective on: 10/1/2015

Floor Area Ratio ("FAR") means a measure of the intensity of development of a lot or parcel, which is calculated as provided in Section 7.1.102, Floor Area Ratio.

Effective on: 10/1/2015

Food Truck Service means a large vehicle equipped with facilities for cooking and selling food.

Effective on: 10/1/2015

Fraternal Organization means a group of people formally organized for a common interest (e.g., culture, religion, or public service), with regular meetings and formal written membership requirements.

Effective on: 10/1/2015

Garage Sale means all sales which are open to the public and conducted from or on residential property, which are for the purpose of selling items of the residents' tangible personal property. Garage sales are also commonly known as "lawn," "yard," "attic," "porch," "room," "backyard," "patio," or "rummage" sales. In some cases, multiple households or entire neighborhoods may organize a single day or group of consecutive days to host a neighborhood garage sale.

Effective on: 10/1/2015

Glare means the sensation produced by luminance with the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

Effective on: 10/1/2015

Golf Course / Club means a tract of land that is designed for the game of golf, including tees, fairways, greens, and hazards, and / or a tract of land on people drive golf balls from a central driving tee (e.g., a driving range). Such uses may also include a clubhouse, pro shop, golf equipment rental, and incidental food vending.

The phrase "golf course / club" subsumes the uses "recreation / personal fitness, indoor," and "recreation / personal fitness, outdoor," when those are uses are present and incorporated into an overall golf course / club facility.

Effective on: 10/1/2015

Grade means the average natural level of ground adjoining or around a structure or for the purpose of floodplain management, the heights of a surface relative to a fixed height such as mean sea level (MSL).

Effective on: 10/1/2015

Grading means the excavating, filling (including hydraulic fill), or stockpiling of earth materials, or any combination thereof, generally for the purposes of preparing land for development.

Effective on: 10/1/2015

Gross Floor Area (GFA) is the sum of the total horizontal areas of every floor of every building on a lot, computed by applying the following criteria:

1. The horizontal square footage is measured from the outside face of all exterior walls;
2. Penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures shall be included as GFA wherever at least seven feet are provided between the finished floor and the ceiling; and
3. No deduction shall apply for horizontal areas void of actual floor space (for example, elevator shafts and stairwells). The protected upper floors of open atriums and foyers shall not be included.

Effective on: 10/1/2015

Ground-Level Luminance Ratio means the ratio between the luminance of the brightest point on the property and the darkest point on the property

Effective on: 10/1/2015

Hazardous Materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Effective on: 10/1/2015

Heavy Industry means:

1. Any use that is classified as a "high hazard" occupancy by the City; or
2. Primary processing or manufacturing or repair operations not specifically defined elsewhere in this Section, which involve:
   1. An outside storage area that is larger than the area of the first floor of buildings on the same lot;
   2. A material risk of environmental contamination, explosion, or fire;
   3. Perceptible ground vibration;
   4. Excessive noise or dust;
   5. Emission of objectionable odors; or
   6. More than 12 trips by semi-trailer trucks per day; or
3. Processing of minerals (except precious and semi-precious stone cutting for jewelry or precision instruments such as lasers or watches), ores, or fossil fuels; or
4. Industries that are required to undergo New Source Review under the Federal Clean Air Act, or are subject to construction or operation permits pursuant to the Colorado Stationary Sources Program or Title V of the Federal Clean Air Act.
5. For illustrative purposes, heavy industrial uses include, but are not limited to::
   1. Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants (furnace process); petroleum refineries; petroleum storage and transfer units (except retail gasoline stations); and bulk fuel dealers;
   2. Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops);
   3. Portland cement plants (not temporary batch plants);
   4. Sawmills and pulp mills;
   5. Incinerators with the capacity to charge more than 250 tons of refuse per day;
   6. Lime plants; phosphate rock processing plants; sulfur recovery plants; and hydrofluoric, sulfuric, or nitric acid plants;
   7. Fossil fuel combustion (boilers or electricity generation) totaling more than 250 million BTUs per hour of heat input;
   8. Fabrication of building materials such as countertops, drywall, and cut stone;
   9. Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated homes or home components;
   10. Drycleaner processing plants that use PERC or comparable petrochemical solvents;
   11. Meat or seafood processing plants;
   12. Manufacture of glass products (e.g., window panes, bottles and jars), except hand-blown products;
   13. Manufacture of plastic products (except assembly of parts that are manufactured elsewhere);
   14. Plasma arc welding, cutting, gouging, surfacing, or spraying; gas welding (but not brazing); arc welding with equipment that is rated at more than 200 amps; TIG welding; and other heavy welding procedures (e.g., for structural steel, automotive body, or heavy equipment manufacture or repair);
   15. Hot mix asphalt plants; and
   16. Fossil fuel power plants, waste-to-energy plants, and biomass plants that produce more than 100 megawatts of electricity.

Effective on: 10/1/2015

Heavy Retail / Home Center means retail and/or service activities that have regular outside service or outside storage areas, exceptionally large floor areas, or partially enclosed structures, as listed below:

1. Permanent retail operations that are located outside of enclosed buildings, except nurseries;
2. Home centers;
3. Lumber and other building materials;
4. Lawn, garden equipment, and related supplies stores;
5. Warehouse clubs and super stores; and
6. Manufactured home sales.

Effective on: 10/1/2015

Height means the measurement of vertical distance of a building or structure using the calculations set out in Section 7.1.104, Height.

Effective on: 10/1/2015

Helistop means an area used for the take-off and landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. The use of the helistop is restricted to specific users or purposes (e.g., tenants of a corporate park, a hospital trauma center, etc.), and the term does not include facilities for general helicopter aviation use.

Effective on: 10/1/2015

Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Effective on: 10/1/2015

Historic District means any neighborhood or region designated by City Commission as a historic district.

Effective on: 10/1/2015

Historic Landmarks means a building, structure, object, or site designated by City Commission as a historic landmark.

Effective on: 10/1/2015

Historic Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

Effective on: 10/1/2015

Historic Resource means any building, structure, object, or site that is 50 years old or older or any resource that has been identified as a high or medium priority because of its unique history or architectural characteristics.

Effective on: 10/1/2015

Historic Structure means

1. For floodplain management purposes, any structure that is:
   1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
   2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
   3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
   4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
      1. By an approved state program as determined by the Secretary of the Interior or;
      2. Directly by the Secretary of the Interior in states without approved programs.
2. For all other purposes, any structure that contributes to the historic value of a heritage property or landmark property as further defined in Ord. No. 2012-06, Historic District, which may be amended from time to time.

Effective on: 10/1/2015

Home Business means a lawful business, occupation, or activity conducted for financial gain from within a dwelling unit, where:

1. Such use is incidental and accessory to the use of the building as a residence by the person engaged in the home business and up to three employees who do not live in the building; and
2. Such use does not involve any of the following:
   1. Sale of goods to customers on the premises;
   2. Opening of the home to the public for the sale of goods or services without an invitation or appointment;
   3. Mechanical equipment that is not normally associated with domestic household use; or
   4. Modification of the exterior of the home.

Effective on: 10/1/2015

Home Occupation means a lawful business, occupation or activity conducted for financial gain from within a dwelling unit, where:

1. Such use is incidental and accessory to the use of the building as a residence by the person engaged in the home occupation; and

2. Such use does not involve any of the following:

   1. Sale of goods to customers on the premises;

   2. Opening of the home to the public for the sale of goods or services without an invitation or appointment;

   3. Mechanical equipment that is not normally associated with domestic household use;

   4. Modification of the exterior of the home; or

   5. Outside storage of equipment used for business purposes.

The phrase "home occupation" does not include any type of "child-care facility" as defined by these regulations.

Effective on: 10/1/2015

Hookah and Vapor Retail Store means a shop, a hookah bar, a vapor retail store, or a restaurant that specializes in the sale or consumption of electronic cigarettes; electronic vapor devices; or hookahs; maassel, shisha, narghile, or argileh; and the supplies for such devices.

(Ord. No. 2024-09, 09/16/2024)

Effective on: 9/16/2024

Hospital means a "general hospital" or a "special hospital," as defined in Texas Health and Safety Code §241.003, and includes all sub-classifications thereof, or a "freestanding emergency medical care facility" as defined in Texas Health and Safety Code §254.001.

Effective on: 10/1/2015

Improved Hard Surface means any street, driveway, alley, or parking lot surface paved with asphalt, concrete, brick pavers, or other approved uniform, hard material so as to provide a durable and dust-free surface for vehicular traffic.

Effective on: 10/1/2015

Industrialized Building means a nonresidential structure that is constructed off-site as one or more modular components (including the installation of plumbing, heating, air conditioning, and electrical systems), bearing an approved decal or insignia, and then transported to the site to be affixed to a permanent foundation. To approve a building permit for an industrialized building, the Code Official shall review the designs, plans, and specifications, whereby each page must be stamped by the Texas Industrialized Building Code Council (which is the state-designated authority that ensures that all preconfigured modular components are in compliance with state-mandated building codes). On-site building code inspections are to be made by the state-designated authority and witnessed by the Code Official.

See Tex. Occ. Code §1202, Industrialized Housing and Buildings.

Effective on: 10/1/2015

Industrialized Housing means a residential structure that:

1. Includes the structure's plumbing, heating, air conditioning, and electrical systems and is:
   1. designed for the occupancy of one or more families;
   2. constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
   3. designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
2. Industrial housing does not include:
   1. a residential structure that exceeds three stories or 49 feet in height;
   2. housing constructed of a sectional or panelized system that does not use a modular component; or
   3. a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

See Tex. Occ. Code §1202, Industrialized Housing and Buildings.

Effective on: 10/1/2015

Illegal Discharge means any direct or indirect non-storm water discharge to the storm drain system, except as exempted by this UDC.

Effective on: 10/1/2015

Illicit Connections means a connection defined as either of the following:

1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City.

Effective on: 10/1/2015

Impervious Surfaces means an area that do not allow significant amounts of water to infiltrate into the ground. Examples of impervious surfaces are blacktop and concrete.

Effective on: 10/1/2015

Improvement means any building, structure, bridge, parking area, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition, or the process of installing such additions.

Effective on: 10/1/2015

Iridescent Colors means shining with many different colors when seen from different angles.

Effective on: 10/1/2015

Kick Board/Base Board, also known as Rot board, is a horizontal board installed along the bottom of the fence panel which runs along the base of the entire fence panel for a finished look and added protection.

(Ord. No. 2021-29, 12/20/2021)

Effective on: 12/20/2021

Lamp means a source of light more commonly known as a bulb.

Effective on: 10/1/2015

Land Disturbing Activity means clearing, grading, excavating, filling, dumping, grubbing, stripping, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.

Effective on: 10/1/2015

Land Plan or Concept Plan means an approved plan that is required of all planned residential neighborhoods (i.e., a land plan) or multi-phased developments (i.e., a concept plan) so that the Planning and Zoning Commission and City Commission can render a determination on each preliminary and/or final plat in context of how the entire project or parcel proposed for development will be developed as a whole.

Effective on: 10/1/2015

Landscape Area means that portion of a lot or parcel proposed for development which is required to contain landscape materials such as grass, ground covers, shrubs, vines, hedges, trees, and berms. Impervious surfaces are not counted as landscaped areas.

Effective on: 10/1/2015

Land Surveyor means a registered professional land surveyor in the State of Texas.

Effective on: 10/1/2015

Lessee means any person(s) who leases all or a portion of a premises on a periodic basis.

Effective on: 10/1/2015

Light Fixture / Luminaire means the physical unit that holds a lamp and that may include parts to redirect the light produced by the lamp.

Effective on: 10/1/2015

Light Fixture, IES Type III means a fixture with bilateral symmetric distributions typically used at or near the edge of an illuminate area.

Effective on: 10/1/2015

Light Industry means uses that involve assembly, compounding, packaging, or treatment of products from previously prepared materials, with limited outside storage and limited external impacts or risks. For illustrative purposes, light industrial uses include:

1. Assembly or refurbishing of products, instruments, electronics, office and computing machines, and fixtures from pre-manufactured components;
2. Offices of general contractors, specialty subcontractors, or tradesmen which include:
   1. Bay door access to indoor storage of tools, parts, and materials;
   2. Parking of commercial vehicles; or
   3. Outdoor storage areas that are smaller than the area of the first floor of the building that are used for storage of materials or vehicles that are less than 12 feet in height.
3. Communications facilities, except wireless telecommunications facilities;
4. Data centers, server farms, telephone exchange buildings, and telecom hotels;
5. Food production and packaging other than meat and seafood processing, restaurants, or produce packing that does not involve other processing;
6. Furniture making or refinishing;
7. Manufacture of textiles or apparel;
8. Screen printing of apparel;
9. Printing and publishing, except copy centers, and except printing presses that require a Texas Clean Air Act Permit or a Federal Clean Air Act Permit (these are heavy industry);
10. Disassembly of consumer electronics and / or appliances into component parts, where all operations and storage are within an enclosed building;
11. Manufacture or compounding of pharmaceutical products, dietary supplements, health and beauty products, and herbal products; and
12. Packaging of consumer products.

Effective on: 10/1/2015

Limited Use means a use that is allowed in a zoning district, subject to special standards that mitigate its impact on the environment or other uses in the district or that prevent a concentration of the use in a particular area. In some cases, the special standards may prohibit the use from being developed on every property in a district.

Effective on: 10/1/2015

Live-Work Unit means a single-family attached or detached dwelling unit where space is provided for one or more commercial or office uses in specified zoning districts. Live-work units are generally configured with business operations on the bottom floor and residential areas above. Access between the dwelling unit and the commercial or office space is provided within the unit or from an exterior stairwell. Live-work uses are regulated separately from home businesses or occupations.

(Ord. No. 2019-16, 04/15/2019)

Effective on: 4/15/2019

Lot means a contiguous area of land with boundaries established by a legal instrument such as a recorded deed, court order, or a recorded plat, which is recognized as a separate legal entity for purposes of transfer of title. The term "lot" does not include areas within rights-of-way and shall not be construed to allow the creation of lots that are not lawfully created in conformance with the provisions of these regulations (see also lot of record).

Effective on: 10/1/2015

Lot Area means the area of a lot taken at its perimeter exclusive of any portion within a public or private street right-of-way.

Effective on: 10/1/2015

Lot Averaging means the design of individual adjoining lots within a residential subdivision in which the average lot equals the minimum prescribed area for the zoning district.

Effective on: 10/1/2015

Lot Corner is a lot situated at the junction of two or more streets.

Effective on: 10/1/2015

Lot Coverage means a measure of intensity of land use that represents the portion of a site that is impervious (e.g., does not absorb water). This portion includes but is not limited to all areas covered by buildings, parking structures, driveways, streets, sidewalks, and any area of concrete asphalt.

Effective on: 10/1/2015

Lot Depth is the length of a line connecting the midpoints of the front and rear lot lines.

Effective on: 10/1/2015

Lot, Double Frontage is any lot, not a corner lot, with frontage on two streets which are parallel to each other or within 45 degrees of being parallel to each other.

Effective on: 10/1/2015

Lot Frontage means the total length of the line or curve of a lot boundary that is coterminous with a street right-of-way line. For corner lots, frontage may be calculated for each street.

Effective on: 10/1/2015

Lot, Interior is a lot other than a corner lot.

Effective on: 10/1/2015

Lot, Irregular is any lot not having equal front and rear lot lines or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than 90 degrees.

Effective on: 10/1/2015

Lot Line means the boundary of a lot separating it from an abutting lot, or the dividing line between lots, pieces, or parcels of land, without regard to any recorded subdivision plat.

1. "Front Lot Line" means the lot line which abuts a public street, private street, or easement of access. The lot owner shall designate the front lot line for any corner lot or through lot and such designation may not be changed after the principal building is erected.
2. "Rear Lot Line" means:
   1. For a quadrangular lot, the lot line which is not tangent to any point on the front lot line.
   2. For a polygonal or irregularly shaped lot, the course, whether straight or curved, along the lot line, the center point of which is most remote, in linear distance, from the center point of the front lot line.
   3. For a triangular lot, the junction point of the two side lines which point shall be treated as the rear lot line.
3. "Side Lot Line" means the lot lines that run generally perpendicular or at angles to the street or the front and rear lot lines.

Effective on: 10/1/2015

Lot of Record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Fort Bend County or parcel of land the deed (including metes and bounds description) for which was recorded in the office of the county clerk of Fort Bend County prior to July 9, 1985.

Effective on: 10/1/2015

Lot, Through means a lot that has a common property line with two street rights-of-way, but not a corner lot.

Effective on: 10/1/2015

Lot Width means the horizontal distance between the side lot lines of a lot measured at the front building line as a chord distance.

Effective on: 10/1/2015

Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

Effective on: 10/1/2015

Low Impact Development means a comprehensive land planning and engineering design approach with the goal of maintaining, as a minimum, the pre-development hydrologic regime on the site without solely using traditional storm drainage conveyance systems (e.g., detention/retention basins) to satisfy drainage and flood mitigation requirements. LID integrates small-scale measures scattered throughout the development site, including such things as constructed green spaces, native landscaping, and a variety of innovative bioretention (e.g., bioswales) and infiltration techniques to capture and manage stormwater on-site. LID reduces peak runoff by allowing rainwater to soak into the ground, evaporate into the air, or collect in storage receptacles for irrigation and other beneficial uses. In areas with slow drainage or infiltration, LID captures the first flush before excess stormwater is diverted into traditional storm conveyance systems.

Effective on: 10/1/2015

Lumen means a unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this UDC, the lumen-output values shall be the initial lumen output rating of a lamp. The lumen rating associated with a given lamp is generally indicated on its packaging or may be obtained from the manufacturer.

Effective on: 10/1/2015

Luminaire means a complete lighting unit consisting of a lamp or lamps, together with any reflectors, diffusers, baffles, lenses, or other devices to distribute the light, and with parts to position and protect the lamp and to connect the lamps to the power supply.

Effective on: 10/1/2015

Luminous Flux means the measure of the perceived power of light. Luminous flux is adjusted to reflect the varying sensitivity of the human eye to different wavelenghts of light.

Effective on: 10/1/2015

Manufactured Home (also known as a "HUD-code manufactured home"):

1. Means a structure:
   1. Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
   2. Built on a permanent chassis;
   3. Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
   4. Transportable in one or more sections; and
   5. In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;
2. A mobile home; and
3. Includes the plumbing, heating, air conditioning, and electrical systems of the home; and
4. Does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

See Tex. Occ. Code §1201, Manufactured Housing.

(Ord. No. 2018-18, 10/15/2018)

Effective on: 10/15/2018

Manufactured Home Lot or Space means a part of a parcel of land located within a manufactured home park or subdivision designed to meet the minimum provisions set out in this UDC for the placement of a single manufactured home, which can be further classified as follows:

1. Manufactured Home Lot. A part of a parcel within a manufactured home subdivision which is owned in fee simple by the owner of the property; or
2. Manufactured Home Space. A undivided space within a manufactured home park which is established for identification purposes, used to calculate the minimum requirements as set out in this UDC, and is under common ownership.

This term does not apply to manufactured homes that are located on lots or parcels not associated with a manufactured home park or subdivision.

Effective on: 10/1/2015

Manufactured Home Park or Community or Subdivision means a parcel (or contiguous parcels) of land divided into four or more manufactured home lots for rent ("Manufactured Home Park") or sale ("Manufactured Home Subdivision").

(Ord. No. 2018-18, 10/15/2018)

Effective on: 10/15/2018

Manufactured Home Sales means a business engaged in the sales or rental of manufactured homes.

Effective on: 10/1/2015

Massage or Massage Therapy means and includes any process consisting in kneading, rubbing or otherwise maipulating the skin of the body of an individual, either with the hand, or by means of electrical instruments, devices, or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians and chiropractors, registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physicians' direction, or massage of the face practiced by duly licensed personnel of beauty parlors or barbershops. 

(Ord. No. 2021-19, 09/20/2021)

Effective on: 9/20/2021

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

(Ord. No. 2021-19, 09/20/2021)

Effective on: 9/20/2021

Mayor means the Mayor of the City of Richmond, Texas.

Effective on: 10/1/2015

Mean Sea Level, for purposes of the National Flood Insurance Program, means the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

Effective on: 10/1/2015

Medical Lab means a facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally recognized in the health care industry.

Effective on: 10/1/2015

Meeting Hall means a building that is designed for public gatherings or meetings.

Effective on: 10/1/2015

Microbrewery means the production of beer, regardless of the percentage of alcohol by volume (ABV), in quantities not to exceed 10,000 barrels a year. The term also includes “meadery,” “kombucha,” “wine,” “malt liquor,” and “ale” production.

(Ord. No. 2018-10, 07/16/2018)

Effective on: 7/16/2018

Mining / Extraction means uses that involve extraction of minerals and fossil fuels from the ground, including surface and subsurface mining, drilling (excluding oil and gas operations), and quarrying facilities.

The phrase "mining / extraction" does not mean "oil / gas operations."

Effective on: 10/1/2015

Minor alterations means the installation or alteration to awnings, fences, gutters, downspouts, and incandescent lighting fixtures; restoration of original architectural features that constitute a change from the existing condition; alterations to signs, and additions and changes not visible from any street to the rear of the main structure or to an accessory structure.

Effective on: 10/1/2015

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

Effective on: 10/1/2015

Mobile Home:

1. means a structure:
   1. constructed before June 15, 1976;
   2. built on a permanent chassis;
   3. designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
   4. transportable in one or more sections; and
   5. in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and
2. includes the plumbing, heating, air conditioning, and electrical systems of the home.

See Tex. Occ. Code §1201, Manufactured Housing.

Effective on: 10/1/2015

Mobile Tiny House means a portable structure built on a permanent chassis, designed to be towed by another vehicle. The suspension, axel, and wheel components of the portable structure remain intact. The portable structure must be currently licensed as a travel vehicle by the DOT. The mobile tiny house structure footprint cannot exceed 320 square feet.

(Ord. No. 2018-02, 07/16/2018)

Effective on: 7/16/2018

Model Home / On-Site Real Estate Office means a dwelling unit temporarily used as a sales office for on-site sales of individual units in a residential subdivision or condominium development under construction.

1. Model homes are used to display the layout and finishes of other dwelling units that are or will be available for sale within a subdivision or condominium development.
2. Sales offices can be located in a model home, condominium unit, or in a separate modular unit located on-site in the subdivision or condominium development.

Effective on: 10/1/2015

Motor Home means a vehicular unit designed to provide temporary living quarters for recreational, camping or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the completed vehicle.

Effective on: 10/1/2015

Multi-family means buildings that contain three or more dwelling units that:

1. Are accessed by from interior elevators or hallways, or from individual exterior entrances (e.g., an apartment complex);
2. Are separated by interior walls and/or floors; and
3. Are intended to be rented, leased, or owned as a condominium by a family.

The term multi-family does not include boarding houses, dormitories, fraternities, sororities, single-family attached, or overnight accommodations (e.g., hotels and motels).

Effective on: 10/1/2015

Nanobrewery means the production of beer, regardless, of the percentage of alcohol by volume (ABV), in quantities not to exceed 2,000 barrels a year. The term also includes “meadery,” “kombucha,” “wine,” “malt liquor,” and “ale” production.

(Ord. No. 2018-10, 07/16/2018)

Effective on: 7/16/2018

National Pollutant Discharge Elimination System or NPDES means a permit issued by the EPA (or by a state under authority delegated pursuant to 33 USC §1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Effective on: 10/1/2015

National Register of Historic Places means our nation's official list of buildings, districts, and sites (including structures and objects) significant in American history and culture, architecture, archeology, and engineering maintained by the National Park Service and administered on a state-wide basis by the Texas Historical Commission. Restrictions on these properties exist only when federal funds are used or when there is an undertaking that uses federal funds or that requires a federal permit or license.

Effective on: 10/1/2015

Natural Disaster means a disaster which occurs as the result of forces occurring in nature (e.g., flood, hurricane, tornado).

Effective on: 10/1/2015

Neighborhood Special Event means a temporary outdoor use of private property in a district zoned residential that is sponsored by the subdivision and is likely to generate visitors sufficient in quantity to obstruct, delay, or interfere with the safe and orderly movement of pedestrian or vehicular traffic (e.g., a subdivision-wide yard sale).

Effective on: 10/1/2015

New Construction means:

1. For the purpose of determining flood insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
2. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
3. For all other purposes, "new construction" means construction in a location where no buildings or structures existed at the time a permit is sought pursuant to this UDC, except where such construction is a modification or expansion of an existing building or structure into an additional land area.

Effective on: 10/1/2015

New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations.

Effective on: 10/1/2015

Nonconforming Building or Structure means a building, structure or parts thereof lawfully existing at the time this UDC or a subsequent amendment to this UDC became effective which does not conform to the dimensional requirements of the district in which it is located.

Effective on: 10/1/2015

Nonconforming Landscape Areas means any landscape areas, legally established prior to the adoption of this UDC, which does not fully comply with the standards of this UDC.

Effective on: 10/1/2015

Nonconforming Lot means a lot that lawfully existed prior to the enactment of the requirements of this UDC, but which does not meet the minimum lot size or lot width requirements of the zoning district in which it is located.

Effective on: 10/1/2015

Nonconforming Parking Lot means any parking lot, including the minimum number and design of parking spaces and parking aisles, legally established prior to the adoption of this UDC, which does not fully comply with the standards of this UDC.

Effective on: 10/1/2015

Nonconforming Sign means any sign, legally established prior to the adoption of this UDC, which does not fully comply with the standards of this UDC.

Effective on: 10/1/2015

Nonconforming Use means a use of land or use of a building or structure lawfully existing at the time this UDC or a subsequent amendment to this UDC became effective which does not conform to the use requirements of the zoning district in which it is located.

Effective on: 10/1/2015

Nonresidential means any use, building or structure (or portion of a building or structure) occupied or intended to be occupied, in whole or in part, for a use other than a dwelling unit, home, residing place, or permanent living space or sleeping space for one or more human beings.

Effective on: 10/1/2015

Non-Storm Water Discharge means any discharge to the storm drain system that is not composed entirely of storm water.

Effective on: 10/1/2015

Nursery / Greenhouse, Retail means an enterprise that conducts the sale of plants grown off of the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not power equipment) that are directly related to the care and maintenance of landscapes. The term "nursery / greenhouse, retail" does not include the cultivation of trees (or other vegetation normally associated with landscaping) where the principal use is growing nursery stock for sale at off-site retail businesses, as this is more appropriately classified as agriculture.

Effective on: 10/1/2015

Nursery / Greenhouse, Wholesale means an enterprise that conducts the sale of plants grown on the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not power equipment) that are directly related to the care and maintenance of landscapes.

Effective on: 10/1/2015

Nursing / Convalescent Home means an establishment that:

1. Furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and
2. Provides minor treatment under the direction and supervision of a physician licensed by the Texas Medical Board, or other services that meet some need beyond the basic provision of food, shelter, and laundry.

Effective on: 10/1/2015

Obstruction means any physical barrier, structure, material or impediment in, along, across or projecting into a watercourse that may alter, impede, retard or change the direction or velocity of the flow of water, or that may, due to its location, have a propensity to snare or collect debris carried by the flow of water or to be carried downstream. Obstruction shall include, but not be limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, and vegetation in, along, across or projecting into a watercourse.

Effective on: 10/1/2015

Office, General means uses in which professional, business, information processing, or financial services are provided. The term includes such uses as:

1. Accounting, auditing, and bookkeeping;
2. Administration of businesses (e.g., corporate headquarters);
3. Advertising and graphic design;
4. Architectural, engineering, geo-technical, urban planning, and surveying services;
5. Attorneys and court reporters;
6. Banks, mortgage companies, and financial services;
7. Call centers;
8. Computer programming;
9. Counseling services;
10. Data processing and word processing services;
11. Detective agencies;
12. Government offices;
13. Insurance;
14. Interior design;
15. Real estate sales;
16. Research and development that does not include on-site manufacturing;
17. Retail catalog, internet, and telephone order processing, but not warehousing; and
18. Virtual office services.

Effective on: 10/1/2015

Office, Medical means office space used for the examination and / or treatment of patients on an outpatient basis (with no overnight stays by patients), generally by appointment, by such professionals as:

1. Medical doctors (e.g., physicians, pediatricians, obstetricians, gynecologists, radiologists, geriatricians, general and specialist surgeons, podiatrists, opthamologists, anesthesiologists, etc.) and nurses;
2. Dentists, endodontists, orthodontists, and periodontists;
3. Optometrists;
4. Midwives;
5. Physical therapists, occupational therapists, and speech therapists;
6. Chiropractors, licensed massage therapists, and acupuncturists;
7. Nutritionists and homeopaths;
8. Psychiatrists, clinical psychologists, clinical social workers, and marriage and family therapists;
9. Physiatrists, physiotherapists, orthotists, prosthetists, recreational therapists, audiologists, respiratory therapists, rehabilitation counselors, prosthetic technicians, and personal care assistants; and
10. Other comparable health care professionals.

The phrase "medical office" includes the phrase "medical lab" to the extent necessary to carry out diagnostic services for the medical office's patients. The phrase "medical office" does not include the phrase "clinic."

Effective on: 10/1/2015

Official Zoning Map means the map showing the location and boundaries of the zoning districts established by this UDC. This map is entitled, the "Official Zoning Map of the City of Richmond, Texas."

Effective on: 10/1/2015

Oil / Gas Operations include but is not limited to exploration, construction, site preparation, operation, maintenance, or use of any installation, facility or structure, directly or indirectly, to carry out or facilitate one or more of the following functions: repair, development, drilling, re-working, re-drilling, production, storage, processing, plugging, extraction, enhanced recovery, fracturing, pressurizing, stimulation, abandonment or shipping of oil or gas from the subsurface of the earth, including site development.

The phrase "oil / gas development" does not mean "mining / extraction."

Effective on: 10/1/2015

On-site Recreation and Leisure Area means an outdoor common open space area within a parcel proposed for development which is designed and designated for use by residents of the development for recreation or leisure activities. Such areas may include playground equipment, play courts, swimming pools, formal plazas with seating areas, community gardens, or other comparable features. The phrase "on-site recreation and leisure area" does not include trails.

Effective on: 10/1/2015

Opacity means the measurement of the screening effectiveness of a bufferyard or fence, expressed as the percent of view across the bufferyard or fence that may be blocked to a height of 35 feet, based on the spacing of fence slats or expected volume of landscape material at a variety of heights that is likely to result from a given planting program.

Effective on: 10/1/2015

Opaque means not able to be seen through; not transparent.

Effective on: 10/1/2015

Open Space means land areas that are left undeveloped from ground to sky in order to meet the open space ratio or other landscaping requirements (e.g., bufferyards, parking lot landscaping, etc.) of this UDC.

Effective on: 10/1/2015

Common Open Space means areas of a parcel proposed for development that are used for open space, landscape areas (provided that the area of landscaping is not less than five feet in any dimension), on-site recreation and leisure areas and naturalized stormwater best management practices.

Effective on: 10/1/2015

Open Space Ratio (OSR) means the proportion of a development required to be set aside and preserved as open space. Minimum OSRs for residential parcels proposed for development are set out in Section 3.1.101, Residential Development. OSR is calculated as provided in Section 7.1.108, Open Space Ratio and Landscape Surface Ratio.

Effective on: 10/1/2015

Order of Demolition means an order issued by the City Commission indicating approval of plans for demolition of a designated landmark or property within a designated district.

Effective on: 10/1/2015

Ordinary Maintenance means repair of any exterior or architectural feature of a landmark or property within a historic district which does not involve a change to the architectural of historic value, style or general design. In-kind replacement or repair is included in this definition of ordinary maintenance.

Effective on: 10/1/2015

Ornamental Grasses means grass that is not mown but is allowed to grow to its full potential and is used in the landscape in the same way as perennials or other ornamental plants. Most are herbaceous perennials, though many are evergreen and some develop woody tissues. Many are bunch grasses and tussock grasses, though others form extensive systems of many-branched rhizomes. The bunching types are often called "clump-forming." Some ornamental grasses are species that can be grown from seed while others are cultivars and must be propagated by vegetative propagation of an existing plant. In some instances in these regulations, ornamental grasses may be used to meet a minimum "screening" requirement in a parking lot. In these cases, only ornamental grasses whose full growth potential meets the minimum height required are allowed.

Effective on: 10/1/2015

Other Massage Services has the meaning ascribed in Section 455.001 of the Texas Occupations Code.

(Ord. No. 2021-19, 09/20/2021)

Effective on: 9/20/2021

Outdoor Storage means the storage of materials or equipment used in production or other course of business for a period of more than 24 consecutive hours outside of an enclosed building or structure (t-structures, lean-to type structures, or roofed-over, fenced-in areas are not enclosed buildings). The intent of the definition is to include items that are comparable to any of the following:

1. Personal or business property or supplies, except passenger vehicles and light trucks stored in driveways, carports, or parking lots that are intended for overnight parking;
2. Business inventory for sale or lease, except nursery plants;
3. Raw materials or industrial inputs for processing;
4. Appliances, machinery, vehicles, or other items to be repaired;
5. Fuel stored in above-ground tanks;
6. Construction materials and construction equipment;
7. Landscape maintenance equipment; or
8. Recyclable materials.

The phrase "outdoor storage" is not intended to include "outdoor display of merchandise," nor does it include "junk yards," which is subject to the provisions of Ord. No. 66-11-4, Junk Yards.

Effective on: 10/1/2015

Overnight Accommodations means places that offer overnight accommodations for short-term rental in increments of not less than 20 hours, including hotels, motels, and commercial inns.

Effective on: 10/1/2015

Owner/Operator means the person who owns the property, or a person who lives or operates on (through rent, lease, or for free), or in some other way manages or works on the property (including any employees or outside contractors who are engaged to work on or from the property).

Effective on: 10/1/2015

Parcel Proposed for Development means any legally described parcel of land which is designated by the owner or developer as land to be used or developed as a single unit, or which has been developed as a unit as determined by the Code Official. Parcels proposed for development oftentimes go through the subdivision process to create individual lots.

Effective on: 10/1/2015

Parking Aisle means the area of a parking lot or parking structure which provides for vehicular access to off-street parking stalls. The phrase "parking aisles" does not include the word "driveway" or the phrase "access point."

Effective on: 10/1/2015

Parking Lot means an area of land that is designated for parking spaces for automobiles and light trucks, the related parking aisles, the landscaped areas that are surrounded by the parking lot's paved areas, and the landscaped areas at the corners of the paved areas insofar as their inclusion in the parking lot area gives it a regular shape. The phrase "parking lot" does not include driveways on individual residential lots, nor does it include individual garages or carports. Parking lots that are principal uses of property are not related to a specific land use on the same parcel.

Effective on: 10/1/2015

Parking Structure means a structure that is composed of one or more levels that are used exclusively for parking spaces for motor vehicles. A parking structure may be totally below grade (underground parking structure); or partially or totally above grade (above-ground parking structure); and may be separate from or integrated into a building that is used for other purposes. Parking structures include parking lifts. Parking structures that are principal uses of property are not related to a specific land use on the same parcel.

Effective on: 10/1/2015

Parking Row means a row of parking spaces that are parallel to each other and take access to a parking aisle or street. Parking rows may exist as singular rows, or may be located back-to-back to each other providing access to different, but parallel parking aisles.

Effective on: 10/1/2015

Parking Space means an area of land designated for the parking of motor vehicles, and connected to a street, parking aisle, or other accessway.

Effective on: 10/1/2015

Parking, Shared means parking lots or spaces which is shared by tenants, visitors, and the general public.

Effective on: 10/1/2015

Parking, Stand-Alone means parking lots or parking structures that are not provided as required parking for a specific use, and where a fee for use is typically charged. The phrase "parking, stand-alone" also includes facilities that provide both parking for a specific use and regular fee parking for people not connected to the use. The phrase includes small structures intended to shield attendants from the weather.

Effective on: 10/1/2015

Pawn Shop means an establishment that is engaged in the business of:

1. Lending money on the security of pledged goods; or
2. Purchasing goods on condition that the goods may be redeemed or repurchased by the seller for a fixed price within a fixed period.

See Texas Finance Code §371.003.

Effective on: 10/1/2015

Permanent Foundation means permanent masonry, concrete, or a footing or foundation to which a manufactured home or industrialized housing, industrialized building, building, or structure may be affixed.

Effective on: 10/1/2015

Permit means one or more documents issued by the City allowing a person to begin an activity provided for in these regulations or other codes, ordinances, and regulatory provisions administered by the City. A permit allows only the activity (e.g., temporary uses), work, or development specified in the permit.

Effective on: 10/1/2015

Permitted Use means a use that is allowed by right in a district after the issuance of a permit (in most cases), provided such use is authorized as a permitted use by this UDC and the Code Official determines compliance with all applicable provisions of this UDC and other applicable ordinances and regulations.

Effective on: 10/1/2015

Pervious means a surface which allows rainfall to infiltrate into the ground.

Effective on: 10/1/2015

Place of Public Assembly means a building in which people assemble for civic, educational, religious, or cultural purposes. This use includes facilities used for the following:

1. Event Facilities;
2. Fraternal Organizations;
3. Meeting Halls; and
4. Places of Worship.

The phrase "place of public assembly" does not include the phrase "recreation / personal fitness, indoor" or "commercial amusement, indoor" or "school, private" or "school, public."

Effective on: 10/1/2015

Place of Worship means a facility where persons regularly assemble for religious purposes and related social events.

Effective on: 10/1/2015

Planned Cluster means a type of residential neighborhood in which single-family detached and single-family attached dwelling units are concentrated on a portion of the parcel proposed for development, in order to allow the remaining land to be used for recreation, open space, or preservation of sensitive land areas.

Effective on: 10/1/2015

Planned Development means a land development project comprehensively planned as an entity via a unified site plan which permits flexibility in building siting, mixtures of building types (could be mixed housing types for residential-only developments, or mixed residential and nonresidential buildings for mixed use development), and land uses, usable open spaces, and the preservation of significant natural features.

Effective on: 10/1/2015

Planned Residential Neighborhood means a land development project comprehensively planned as an entity via a unified site plan which permits flexibility in building siting, mixtures of building types (could be mixed housing types for residential-only developments, or mixed residential and nonresidential buildings for mixed-use development), and land uses, usable open spaces, and the preservation of significant natural features.

Effective on: 10/1/2015

Planning and Zoning Commission means the City of Richmond, Texas Planning and Zoning Commission.

Effective on: 10/1/2015

Plat means a document, prepared by a registered land surveyor or professional engineer, which delineates property lines and shows monuments and other landmarks for the purpose of identifying property. Once approved by the applicable decision-making authority, plats are submitted to the Fort Bend County Clerk for recording and create legal lots of record.

Effective on: 10/1/2015

Amending Plat means a replat addressing minor changes, correction of clerical errors, or limited modifications affecting a limited number of property owners or lots. Plat amendments do not require notice to adjacent property owners or a public hearing, and can be approved administratively.

Effective on: 10/1/2015

Plat, Development means a plat that shows:

1. Each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change of the building, structure, or improvement;
2. Each easement and right-of-way within or abutting the boundary of the surveyed property; and
3. The dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part.

Development plats are authorized by Subchapter B of Chapter 212 of the Tex. Local Gov't Code.

Effective on: 10/1/2015

Final Plat means a plat that has been submitted and approved in preliminary form, has been corrected by the applicant, has conformed to all of the provisions of this UDC, and is ready for final review of the by the governing body.

Effective on: 10/1/2015

Plat, Preliminary is a subdivision plat that includes a plan of a subdivision or of a land development, including all required supplementary data, showing the approximate proposed street and lot or site layout, or a plan of existing private streets to be dedicated to public use, as a basis for consideration by the City Manager, Planning and Zoning Commission, and/or City Commission prior to the preparation of a final plat. Preliminary plats are not submitted to the Fort Bend County Clerk for recording.

Effective on: 10/1/2015

Plat, Replat means a plat that is recorded and controls over the preceding plat over a subdivision or portion of a subdivision in conformance with the provisions set out in Texas Local Government Code.

See Tex. Local Gov’t Code §212.014, et. seq.

Effective on: 10/1/2015

Short Form Final Plat means a plat involving five or fewer lots fronting on an existing street and not requiring the creation of any new streets or the extension of municipal facilities.

Effective on: 10/1/2015

Plat, Subdivision is a plat that depicts the subdivision of land into lots and blocks (and sometimes the combination of land), and is the product of a process that simplifies legal property descriptions and dedicates lands for public use. For the purposes of the UDC, subdivision plats can be further classified as:

1. Amending plats;
2. Final plats;
3. Preliminary plats;
4. Short form final plats; and
5. Re-plats.

See also development plat.

Effective on: 10/1/2015

Plat, Vacating means

Effective on: 10/1/2015

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to :

1. Paints, varnishes, and solvents;
2. Oil and other automotive fluids;
3. non-hazardous liquid and solid and yard wastes;
4. Refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution;
5. Floatables;
6. Pesticides, herbicides, and fertilizers;
7. Hazardous substances and wastes;
8. Sewage, fecal coliform and pathogens;
9. Dissolved and particulate metals;
10. Animal wastes;
11. Wastes and residues that result from constructing a building or structure; and
12. Noxious or offensive matter of any kind.

Effective on: 10/1/2015

Portable Storage Unit means an enclosed storage container less than 20 feet in length that may be used to transport goods, but may then also be stationary on a single site for any period of time before or after transport. The term includes, but is not limited to:

1. A truck container, with or without the chassis attached to it;
2. A moving van;
3. A portable on demand (POD) moving container; or
4. A pre-assembled storage structure.

Effective on: 10/1/2015

Power Generation, Small Scale (Renewable / Noncombustible) means facilities that generate electricity from renewable noncombustible sources (e.g., wind, water, geothermal, or solar, but not alcohol or biodiesel) and deliver it to the power grid as either base load or peak load, also known as a "power plant" or "peaker power plant;" that are scaled to serve more than one building, but are not utility scale. The capacity rating of small scale power generation does not exceed two megawatts.

The phrase "power generation, small scale (renewable / noncombustible)" does not mean "small wind energy system," which is permitted as an accessory structure as set out in Section 5.2.105, Solar Arrays and Small Wind Energy Systems (SWES).

Effective on: 10/1/2015

Power Generation, Utility Scale means utility scale power plants that generate electricity using fossil fuels or renewable fuels, such as biomass, biodiesel, alcohol, wind, water, geothermal, or solar, and delivers it to the power grid as either base load or peak load. Also known as a "power plant" or "peaker power plant."

Effective on: 10/1/2015

Preservation means the stabilization of an historic building, its materials and features in their present condition to prevent future deterioration. Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time.

Effective on: 10/1/2015

Preservationist means someone with experience, education or training in the field of preservation.

Effective on: 10/1/2015

Principal Building means a building in which the principal use of a lot or parcel is conducted.

Effective on: 10/1/2015

Principal Structure means, if there is no principal building the structure in which the principal use of a parcel is located, or the largest structure on a parcel. Fences and garden walls are not principal structures.

Effective on: 10/1/2015

Principal Use means the main use to which a parcel, lot, or premise (e.g., a leased space in a shopping center) is put.

Effective on: 10/1/2015

Private Restrictions means easements, servitudes, covenants, conditions, and / or restrictions on property which are enforceable between private parties.

Effective on: 10/1/2015

Prohibited Use means a use that is not allowed in the specified district and in some cases the entire City.

Effective on: 10/1/2015

Property Lines. See Lot Line.

Effective on: 10/1/2015

Property Owners' Association means an incorporated nonprofit organization operating under recorded land agreements through which:

1. Each lot, unit, or home or business owner in a planned or cluster subdivision (or other described land area) is automatically a member;
2. Each lot, unit, or homeowner or business owner is automatically subject to a charge for a proportionate share of the expense of the organization's activities (e.g., maintaining open space, common open space, or other commonly owned property such as entrance monuments, private streets, and landscaping); and
3. The charge, if unpaid, becomes a lien against the property.

​Property owners' associations may also be called such things as "community associations," "condominium associations," "homeowner associations," "neighborhood associations," etc.

Effective on: 10/1/2015

Protected Tree means any tree protected under City of Richmond Ord. No. 2005-22, Tree Removal.

Effective on: 10/1/2015

Public Improvement means any on-site or off-site roadways, water lines, sewer lines, storm water facilities, flood control improvements, open space, landscaping, street lighting, street furniture, traffic control devices, sidewalks and paths, trails, transportation improvements, parking areas and similar infrastructure and related improvements to be constructed and dedicated for public use, or otherwise providing a public benefit and made available for public use by easement, license, or other form of agreement.

Effective on: 10/1/2015

Public / Institutional means public service, institutional, utility, and assembly uses (e.g., governmental and school buildings and facilities, utility stations, semi-public places of assembly, etc.).

Effective on: 10/1/2015

Public Special Event means any planned special event or gathering held on private property, regardless of whether a fee is charged, which invites the general public to an identifiable place and at a specified time and is likely to generate visitors sufficient in quantity to obstruct, delay, or interfere with the safe and orderly movement of pedestrian or vehicular traffic. Public Special Events could include outdoor gatherings; auctions; art sales; outdoor festivals, concerts, or parades; auctions; carnivals; circuses; outdoor meetings; special athletic activities (e.g., running races), and special entertainment at commercial properties, etc.

Effective on: 10/1/2015

Public Utilities mean utility substations or transmission and local distribution facilities, including electric, gas, telephone, sewer, water, and stormwater. Whether a substation or transmission facility, the transmission lines shall be located in road rights-of-way, adjacent to the rights-of-way, or in easements or separate rights-of-way 20 feet or less in width.

Effective on: 10/1/2015

Rail Yard means an area of land, a portion of which is covered by a system of tracks that provides for the making up of trains by one or more railroads or private industry concerns. Necessary functions of a rail yard include but are not limited to the classifying, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of cars, trains, engines, locomotives, and rolling stock.

Effective on: 10/1/2015

Reconstruction means the act or process of reproducing by new construction the exact form and detail of a vanished building as it appeared at a specific period of time. A technique used earlier in 20th century reconstruction is rarely used today because of the preference to use limited financial resources to preserve existing historic buildings.

Effective on: 10/1/2015

Recorded Texas Historical Landmark means a state designation for buildings important for their historical associations and which have retained a high degree of their original historic fabric. They must be at least 50 years of age and retain their original exterior appearance. State historical landmarks receive greater legal protection than National Register of Historic Places designations.

Effective on: 10/1/2015

Recreation / Personal Fitness, Indoor means uses that provide active indoor recreation opportunities, on a subscription or membership basis, on a per-unit of time basis, or free of charge, for the public or for residents of a subdivision or development. The phrase "recreation / personal fitness, indoor" includes but is not limited to:

1. Subdivision, neighborhood, or community recreation centers or athletic clubs;
2. Gymnasiums;
3. Indoor swimming pools; or
4. Indoor tennis, basketball, racquetball, handball or other play courts.

The phrase "recreation / personal fitness, indoor" does not include the phrase "commercial amusement, indoor," nor does it include indoor playgrounds that are accessory to restaurants. The phrase "recreation / personal fitness, indoor" is subsumed by the phrases "amusement or water park" when such facilities include indoor recreation activities.

Effective on: 10/1/2015

Recreation / Personal Fitness, Outdoor means uses that provide active or passive outdoor recreation opportunities, on a subscription or membership basis, on a per-unit of time basis, or free of charge, for the public or for residents of a subdivision or development. The phrase "recreation / personal fitness, outdoor" includes but is not limited to:

1. Jogging, cycling, tot-lots, fitness trails, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
2. Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
3. Other passive recreation-oriented areas, including picnic areas and community garden plots.

The phrase "recreation / personal fitness, outdoor" does not include "commercial amusement, outdoor" or "shooting range, outdoor."

Effective on: 10/1/2015

Recreational Vehicle (RV) means a unit which contains facilities for either 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 or otherwise designed to be transported over the highways and is currently licensed as a travel vehicle by the DOT. The term "recreational vehicle" shall include but not be limited to a motor home, truck camper, travel trailer, mobile tiny house, and camping trailer; provided, however, a recreational vehicle shall not include a boat, or a manufactured, mobile, or modular home.

(Ord. No. 2018-02, 07/16/2018)

Effective on: 7/16/2018

Recreational Vehicle (RV) Park means a unified development of recreational vehicle spaces, community facilities, and permitted permanent buildings which are combined to support two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made.

Effective on: 10/1/2015

Recreational Vehicle (RV) Space means a specific part of a lot or area in an RV park that has been reserved for the placement of one recreational vehicle.

Effective on: 10/1/2015

Redevelopment means any of the following:

1. The complete demolition of a principal building, followed by the construction of a new building; or
2. The destruction of a principal building to an extent that is equal to or greater than 50 percent of the Fort Bend County Appraisal District value, followed by reconstruction and repurposing of the building for a type of use for which the original building was not designed; or
3. Expansion of a principal building by more than 50 percent of its gross floor area.

Effective on: 10/1/2015

Regulated Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Effective on: 10/1/2015

Residential means any use, building or structure (or portion of a building or structure) that is used for premises that contain habitable rooms for non-transient occupancy, designed primarily for living, sleeping, cooking, and eating. Residential uses are typically contained within single-family detached, single-family attached, and multi-family dwelling units. The term "residential" does not mean "overnight accommodations."

Effective on: 10/1/2015

Restaurant means an establishment that serves prepared meals to customers for consumption on-site or off-site. A restaurant can include the sale of alcoholic beverages, provided however, that if more than 75 percent of the restaurant's gross revenue comes from alcohol beverage sales, it is classified as a "bar or nightclub."

Restaurants that include a "drive-in, drive-through facility" are limited to those areas where a drive-in, drive-through is a permitted use.

Effective on: 10/1/2015

Restoration shall mean returning a property to a state indicative of a particular period of time in its history, while removing evidence of other periods.

Effective on: 10/1/2015

Retail Sales and Services means the sale of goods and/or services directly to a consumer that are not specifically defined elsewhere in this UDC, and which do not include smoke shops, the sale of smoke-related paraphernalia, or regular outside storage or sales. The phrase includes uses that are comparable to the following:

1. Branch banking and check cashing;
2. Clothing, clothing accessory, and jewelry stores;
3. Computer and small appliance repair;
4. Copy centers, parcel service drop-off locations, and mailbox services;
5. Electronics and appliance stores;
6. Florist, card, and gift shops;
7. Food and beverage stores (but not alcohol beverage sales);
8. Furniture and home furnishings stores;
9. General merchandise stores;
10. Hair and nail salons;
11. Hardware stores, plumbing supplies, electrical supplies, lighting stores;
12. Health and personal care stores;
13. Laundromat, retail dry cleaning, tailoring, shoe repair, and clothes restoration;
14. Miscellaneous store retailers;
15. Music, dance, martial arts, yoga, and other similar instruction;
16. Paint and wallpaper stores;
17. Pet stores (not including animal boarding and veterinarian services, small animal);
18. Second-hand stores and pawn shops;
19. Sporting goods, hobby, book, and music stores;
20. Tattoo parlors;
21. Tanning facilities (see Texas Health and Safety Code § 145.002) and day spas; and
22. Tutoring.

"Retail sales and services" that include a "drive-in, drive-through facility" are limited to those areas where a drive-in, drive-through is a permitted use.

Effective on: 10/1/2015

Richmond Historical Commission (RHC) means the seven member board established under this UDC and appointed by the City Commission in accordance with Article VIII, Boards and Commissions, of the City Charter.

Effective on: 10/1/2015

Right-of-Way means an area of land not on a lot that is dedicated for public or private use to accommodate a transportation system. In no case shall a right-of-way be construed to mean an easement.

Effective on: 10/1/2015

Ringelmann Number means the number appearing on the Ringelmann Chart ascribed by the observer to the density of the smoke emission.

Effective on: 10/1/2015

Riverine means a watercourse relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.

Effective on: 10/1/2015

Roof, Flat means a roof that has no pitch, or is inclined by no more than one-half inch per foot (see Figure Flat Roof, below).

Figure Flat Roof

Effective on: 10/1/2015

Roof, Pitched means a shed, gabled, or hipped roof having a slope or pitch of at least one-foot rise for each four feet of horizontal distance in the direction of the slope or pitch of the roof.

Effective on: 10/1/2015

Runoff means a portion of precipitation on the land which reaches the drainage system.

Effective on: 10/1/2015

Character, Rural/Natural means a character of development that is comprised of individual farms and residences, conservation and cluster developments, agriculture uses, and areas that are in their natural state (e.g., buffered stream corridors, etc.). Residential developments are typically scattered on large acreages, or clustered with high open space ratios. Drainage is typically managed through natural means and in many cases there are no public water or wastewater utilities.

Effective on: 10/1/2015

RV shade structure means an accessory structure sheltering a recreational vehicle which is constructed to a maximum 16 feet and not extending two feet beyond the depth and width required for a permanent RV parking pad.

(Ord. No. 2018-02, 07/16/2018)

Effective on: 7/16/2018

Sample Well Site means the installation of a vertical riser of four inches in circumference, extending four to six inches above grade, used for the purpose of detecting the presence of non-biodegradable materials at or near the lot line where the owner/operator's on-site wastewater collection system connects to the City's off-site wastewater system.

Effective on: 10/1/2015

Schools, Private means an educational institution which provides fee-based instruction and may include:

1. Early Learning Centers (e.g., pre-schools) or Elementary School:
   1. A facility which provides daily care with educational services for children not yet attending elementary school (i.e., kindergarten); or
   2. A school that provides general full-time educational curriculum for grades one through five, and which may include a kindergarten.
2. Middle School. A middle school means a school that provides general full-time educational curriculum for grades six through eight.
3. High School. A high school means a school that provides general full-time educational curriculum for grades nine through 12.
4. Boarding School. Boarding school means an elementary or secondary school at which some or all of the pupils receive board and lodging during the school term.
5. Special Education Facilities.

The term "private school" does not include schools which focus on specialty instruction (e.g., dancing, music, beauty, swimming, etc.).

Effective on: 10/1/2015

Schools, Public means an institution that provides full-time instruction for students from pre-kindergarten to 12^th grade. There are four types of schools for the purposes of this UDC:

1. Pre-Kindergarten means a school in which children are enrolled in a structured educational program prior to kindergarten. Pre-Kindergarten does not mean "child-care facility, day-care."
2. Elementary School means a school that teaches students from kindergarten through grade 5.
3. Middle school means a school that teaches students in grade 6.
4. Junior High School means a school that teaches students from grades 7 to 8.
5. High School means a school that teaches students from grades 9 to 12.

Effective on: 10/1/2015

Seasonal Sales means the temporary outdoor sale of merchandise from private property that permits either temporary seasonal retail sales or outdoor display or sale of goods related to a holiday event (e.g., sale of holiday trees or Fourth of July fireworks, etc.), particular seasonal activity (e.g., sale of pumpkins in the Fall), or other similar merchandise or other articles of arts and crafts related to the seasonal sales activity.

Effective on: 10/1/2015

Secretary of the Interior Standards for Rehabilitation means the standards established by the Secretary of the Interior for advising federal agencies on the preservation/rehabilitation of historic properties listed or eligible for listing on the National Register of Historic Places.

Effective on: 10/1/2015

Sediment means soils or other surface materials transported and/or deposited by the action of wind, water, or gravity as a product of erosion.

Effective on: 10/1/2015

Sediment Pollution means failure to use management (including stormwater management) or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling, or other land disturbing activities on land used or being developed or built upon for commercial, industrial, residential, or other non-agricultural purposes.

Effective on: 10/1/2015

Setback means a minimum distance that is required from a lot line to a building, structure, or sign, as the context requires.

Effective on: 10/1/2015

Sexually-Oriented Business. See the definition of "sexually oriented business" in Section 243.002, Definition, of the Texas Local Gov't Code.

Effective on: 10/1/2015

Shipping Container means a container with strength suitable to withstand shipment, storage, and handling. Shipping containers range from large reusable steel boxes used for intermodal shipments to the ubiquitous corrugated boxes.

Effective on: 10/1/2015

Shopping Center means a group of retail, service, or restaurant establishments that are planned, developed, owned, or managed as a unit, with an off-street parking lot that serves all of the uses in the center located on the same parcel proposed for development. The term "shopping center" does not include out-parcels which may be separated (by lot lines or easements) from the main center and which are intended for separate uses consisting of buildings and their associated parking lots.

Effective on: 10/1/2015

Shrub means any of the following:

1. A woody plant of less size than an understory tree, and usually with several stems from the same root;
2. Perennial plants that reach at least three feet in height; and
3. Ornamental grasses that reach at least three feet in height.

Effective on: 10/1/2015

Sidewalk means an improved facility that is ADA accessible and is intended to provide for pedestrian movement:

1. Along Streets. Provides pedestrian connections along, parallel to, and within the right-of-way of a public or private street or an abutting easement.
2. Access to Lots. Provides pedestrian connections from the right-of-way to the principal building.
3. Access Around Buildings. Provides pedestrian connections to the main entrance.

Effective on: 10/1/2015

Sidewalk Amenities means accessory features such as sidewalk furniture (e.g., benches), planters, railings, bicycle racks, canopies, and specialized lighting.

Effective on: 10/1/2015

Sidewalk Sale means a temporary, special outdoor sale conducted on public or private sidewalks immediately adjacent and contiguous to commercial establishments; provided, the merchandise being sold is consistent with the merchandise of the adjacent and contiguous business.

Effective on: 10/1/2015

Sign means any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol, or trademark), flag (including banner or pennant), or any other figure of similar character, that:

1. Is a structure or any part thereof; or is attached to, painted on, or in any other manner represented on a building or other structure; or is displayed in a building window in a manner that is discernible from public rights-of-way or abutting property; and
2. Is used to display noncommercial information; or announce; or direct attention; or advertise.

For the purpose of these interim regulations, the following definitions shall apply to signs and sign elements, unless the context clearly indicates or requires a different meaning.

1. Abandoned Sign. An abandoned sign is a sign and sign structure that advertises for a business, person, or activity that has ceased to operate on the premises on which the sign or sign structure is located.
2. A-Frame Sign. A stationery outdoor sign with two faces attached at one surface on each face to form a triangle with one side parallel to the grade, which type sign is often used to advertise fuel prices.
3. Advertising Sign. An outdoor structure, object, display, lighting device, figure, painting, drawing, message, pictorial, picture, plaque, poster, billboard, or other thing which is used to advertise, identify, display, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
4. A Vera Ge Grade. The grade of the finished ground level at the midpoint of each exterior surface of a sign, or a structure, in the event that the sign is attached to the structure.
5. Awning, Canopy, or Marquee Sign. A projecting sign attached to, hung from, or painted on a canopy or covered structure which extends beyond the building line or property line.
6. Back-To-Back Sign. A structure with two parallel signs with their faces oriented in opposite directions located not more than ten feet apart. A back-to-back sign shall constitute one off-premise sign.
7. Billboard. Any freestanding sign or a sign that is attached to or part of a building and is an off-premise sign.
8. City. The city of Richmond, Fort Bend County, Texas.
9. Community Service Sign. Any sign which solicits support for or advertises a nonprofit community use or social institution. Such signs may include but shall not be limited to seasonal holidays, such as Christmas or Easter, school activities, charitable programs, or religious activities.
10. Cultural Facilities. Establishments such as museums, art galleries, public libraries, botanical and zoological gardens, and theaters of the performing arts, which, although they may charge an admission fee, are essentially nonprofit and principally funded through public expenditures, grants, and donations. ERECT. To construct, build, raise, assemble, emplace, affix, attach, create, paint, draw or in any way bring into being or establish.
11. Floodway. The channel of a stream and adjacent land areas which are required to carry and discharge the flood waters and flood flows of any river or stream associated with the regulatory flood. Refer to floodway boundary and floodway maps which identify special flood hazard areas resulting from a scientific and engineering report entitled "The Flood Insurance Study for the City of Richmond, Texas."
12. Freestanding Sign. A sign which is not attached to or on the walls, face, or exterior of a building, except as provided in the definition of a standard roof sign.
13. Hanging Sign. A sign which is suspended over a sidewalk, street, or other public right-of-way. An overhanging sign may or may not be a projecting sign.
14. Historic Building or Structure. Any building or structure which is officially designated as historically or architecturally significant by a unit of local, state or federal government.
15. Home Occupation. Any non-illuminated name plate sign not exceeding one square foot in area.
16. Major Thoroughfare. Each street shown on the official city map adopted by the City Commission.
17. Official Sign. Any sign erected by or at the direction of any governmental body.
18. Off-Premise Sign. "Off-premise sign" means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
19. On-Premise Sign. "On-premise sign" means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.
20. Outdoor Advertising Sign. See advertising sign.
21. Political Sign. A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
22. Portable Sign. Any sign, excluding A-frame signs, designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted on a trailer, wheeled carrier, or other non-motorized mobile structure.
23. Premises. Any lot or unplatted tract, or any combination of contiguous lots or unplatted tracts, held under single ownership.
24. Projecting Sign. A sign affixed to any building, wall, roof, marquee, or other structural element which extends or projects more than 12 inches from the wall, roof, marquee, or other structural element.
25. Public Information Sign. Any sign which is intended to identify community, civic, or social events and is not any of the following signs: commercial, political, official, or real estate.
26. Real Estate Sign. A temporary sign displayed during and in connection with construction operations, pertaining to the lease or sale of a lot or building upon which placed and not exceeding 64 square feet, and pertaining to the sale of an addition or a subdivision, the area of which subdivision exceeds one acre of land for a period not to exceed two years.
27. Residential Name Plate Sign. A sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name, or identifying the address of the house. The sign may contain no advertising of any kind and may not exceed two square feet in area.
28. Roof Sign. A sign attached to a roof extending more than three feet above the ridge line. SIGN. "Sign" means an outdoor structure, sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform.
29. Sloping Roof Sign. A sign affixed to the wall, roof, marquee, or other structural element of any building, which does not project more than 12 inches from the wall, roof, marquee, or other structural element or extend more than three feet above the wall to which it is attached.
30. Temporary Sign. A sign not permanently affixed to a building, structure, or the ground.
31. Traffic Control Sign. A permitted sign for the purpose of identifying parking areas and directing the flow of traffic on private property.
32. Wall Sign. See sloping roof sign.

Effective on: 10/1/2015

Sign, Abandoned means any sign which does not display any advertisement, copy or message or any sign which identifies or advertises a business, lessor, service, owner, product, or activity, which is no longer available at the indicated location or no longer available on the premises or for which no legal owner can be found.

Effective on: 10/1/2015

Sign, A-Frame means a stationary outdoor sign with two faces attached at one surface on each face to form a triangle with one side parallel to the grade (e.g., signs which advertise fuel prices).

Effective on: 10/1/2015

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

Effective on: 10/1/2015

Sign, Attention-Getting Device means devices that are erected, placed, or maintained outdoors so as to attract attention to any business, or any goods, products, or services available on the premises of a business, including but not limited to the following items or devices: banners; cut out figures; discs; festooning, including tinsel, strings of ribbons, and pinwheels; inflatable objects or characters, including balloons; air animated objects, non-governmental flags; pennants; propellers; steam or smoke-producing devices; streamers; whirligigs; wind devices; blinking, rotating, moving, chasing, flashing, glaring, strobe, scintillating, search, flood or spot lights; or similar devices or items, and of which are located or employed in connection with the conduct of a business.

Effective on: 10/1/2015

Sign, Awning or Canopy means a projecting sign attached to, hung from, or painted on a canopy or covered structure which extends beyond the building line or property line.

Effective on: 10/1/2015

Sign, Billboard means any freestanding sign or a sign that is attached to or part of a building and is an off-premise sign.

Effective on: 10/1/2015

Sign, Carried means a sign that is hand-carried by an individual.

Effective on: 10/1/2015

Sign, Directional/Information means any attached or detached on-premise sign giving directions, instructions, or facility information, (e.g., entrance or exit signs, one-way, location of parking, etc.) which may contain the name or logo of an establishment but no other advertising copy.

Effective on: 10/1/2015

Sign, Directory means an outdoor sign listing and identifying the occupants within retail centers, industrial centers, office complexes, institutional campuses (e.g. medical center, hospital, etc.), and other multi-tenant commercial or industrial sites.

Effective on: 10/1/2015

Sign, Electronic Message Center means an electronic sign or portion of a sign that uses Light Emitting Diode (LED) technology to form a sign message or messages in text form, with or without fixed images, wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

Effective on: 10/1/2015

Sign, Electronic means a sign, display, or device that changes its message or copy by programmable electronic or mechanical processes.

Effective on: 10/1/2015

Sign, Electronic Video Screen means an electronic sign or portion of a sign that displays an electronic video which may or may not include text, including television screens, plasma screens, digital screens, flat screens, LED screens, tri-vision technology, video boards and holographic displays.

Effective on: 10/1/2015

Sign, Flag (Official) means a duly adopted flag or seal of the United States, State of Texas, Fort Bend County, or the City of Richmond.

Effective on: 10/1/2015

Sign, Flag (Unofficial) means any mottos, emblems, designs, shapes, or symbols placed or printed on cloth, fabric, plastic, canvas, vinyl, or other rigid or non-rigid devices or materials that are intended to convey an unofficial message or to identify a person, place, business, idea, or thing other than duly adopted flags or seals of nations, states, counties, or municipalities.

Effective on: 10/1/2015

Sign, Flagpole means a freestanding structure on a parcel of record and used for the sole purpose of displaying flags.

Effective on: 10/1/2015

Sign, Freestanding means a sign which is not attached to or on the walls, face, or exterior of a building.

Effective on: 10/1/2015

Sign, Hanging means a sign which  is suspended over a sidewalk, street, or other public right-of-way.

Effective on: 10/1/2015

Sign, Home Occupation means any non-illuminated name plat sign not exceeding one square foot in area.

Effective on: 10/1/2015

Sign, Incidental means any small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises. Examples include signs affixed to machines, equipment, fences, gates, gasoline pumps, or utility cabinets.

Effective on: 10/1/2015

Sign, Integral means memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface on the wall of a building, or when constructed of bronze or other incombustible materials mounted on the wall of a building.

Effective on: 10/1/2015

Sign, Interim means a temporary business advertising sign intended to provide signage in an interim period during which permanent signage is being fabricated, repaired, and/or prepared for installation or erection.

Effective on: 10/1/2015

Sign, Marquee means a permanent roof-like structure constructed of rigid materials that is supported by and extending from the facade of a building and which is designed to include (manual or electronic) changeable copy.

Effective on: 10/1/2015

Sign, Menu Board means a sign erected in conjunction with a use that incorporates a drive-thru or drive in generally used to provide service or product options and pricing for customers in a vehicle.

Effective on: 10/1/2015

Sign, Monument means a freestanding sign which is separate from buildings and the entire bottom of which is in contact with or in close proximity to the ground.

Effective on: 10/1/2015

Sign, Non-Commercial Activity or Event means a temporary activity or event that does not, in any way, involve commerce, at least relative to similar activities that do have a commercial objective or emphasis. For example, advertising a free activity or event that is open to the general public, which may be hosted by a non-profit organization or a for-profit business that is staffed only by volunteers and for which there is no sales or exchange of money or in-kind services is a non-commercial activity or event.

Effective on: 10/1/2015

Sign, Official means any sign erected by or at the direction of any governmental body.

Effective on: 10/1/2015

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

Effective on: 10/1/2015

Sign, On-Premise means a freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.

Effective on: 10/1/2015

Sign, Parapet means a sign extending above a roof line or which serves as a parapet.

Effective on: 10/1/2015

Sign, Election means any temporary, portable sign announcing or supporting candidates or issues in connection with any national, state, or local election.

Effective on: 10/1/2015

Sign, Portable means any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted on a trailer, wheeled carrier, or other non-motorized mobile structure.

Effective on: 10/1/2015

Sign, Projecting means a sign affixed to any building, wall, marquee, or other structural element which extends or projects more than 12 inches from the wall, marquee, or other structural element.

Effective on: 10/1/2015

Sign, Real Estate means any temporary, portable sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

Effective on: 10/1/2015

Sign, Residential Name Plate means a sign permitted for the sole purpose of identifying the inhabitant residing therein, the house name, or identifying the address of the house. The sign may contain no advertising, unless a home business or home occupation and may not exceed two square feet in area.

Effective on: 10/1/2015

Sign, Subdivision Entrance means a detached or wall sign identifying a recognized subdivision, condominium complex, or residential development and denoting its entrance or exit.

Effective on: 10/1/2015

Sign, Swing means a sign that is suspended from a horizontal support (a swingpost) that is attached to a vertical support mounted in the ground. A swing sign may also include riders.

Figure 7.300.2A Required Offsets

Effective on: 10/1/2015

Sign, Temporary means a sign not permanently affixed to a building, structure, or the ground.

Effective on: 10/1/2015

Sign, Traffic Control means a permitted sign for the purpose of identifying parking areas and directing the flow of traffic on private property.

Effective on: 10/1/2015

Sign, Wall means a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign.

Effective on: 10/1/2015

Sign, Window means any sign, poster, or other similar material affixed on commercial properties or that is painted directly on a window, affixed to the inside of a window, or hung within 12 inches of a window promoting any message, including but not limited to, grand openings and special events (commercial and non-commercial), provided the sign or signs do not exceed 25 percent of each window area and only 15% of the entrance door area.

(Ord. No. 2024-02, 01/22/2024)

Effective on: 1/22/2024

Sign, Way-finding means an off-premise sign that is part of a City-sponsored and coordinated program for the purpose of directing travelers to local attractions and destinations. Way-finding signs may include: highway and interstate directional signs and city limit signs, which are under the jurisdiction of the Texas Department of Transportation; as well as destination and arrival signs, historic district identification signs, parking directional and identification signs, and route markers.

Effective on: 10/1/2015

Single-Family Attached means dwelling units located in a single building where each unit is constructed on an individual lot or land that is designated as a limited common element in a declaration of condominium; and contains:

1. Two but not more than six dwelling units that are designed so that individual units have individual ground-floor access and are separated from each other by unpierced common walls from foundation to roof (e.g., side-by-side duplexes, triplexes, and townhouses); or
2. Two dwelling units that are designed so that individual units:
   1. May or may not have individual exterior doors, but provide no direct access between the first floor and second floor unit (access may be through a common interior foyer that provides access to both units or through separate exterior doors); and
   2. Are separated from each other by a floor (e.g., over-under duplexes).

The phrase single-family attached does not include multi-family.

Effective on: 10/1/2015

Single-Family, Detached means dwelling units that are:

1. Located in individual buildings that are constructed on:
   1. Individual lots; or
   2. Land that is designated as a limited common element in a declaration of condominium;
2. Separated from each other by outside walls; and
3. Intended for the use of a single housekeeping unit.

The phrase "single-family, detached" does not include "duplexes," "triplexes," or "townhouses."

Effective on: 10/1/2015

Site means:

1. Generally. a parcel of land or a contiguous combination thereof, where grading work is performed as a single, unified operation.
2. Historic Overlay District. For the purposes of the Historic Overlay District, a site is the location of a significant event, a prehistoric or historic occupation, or activity or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural or archeological value regardless of the value of any existing structure.

Effective on: 10/1/2015

Site Plan means a plan or drawing showing the location of buildings, parking lots, landscaped areas, signs, and any other information that is used for the issuing of approvals in association with, or in lieu of the plans reviewed and approved for subdivision plats and/or development plats. Site plans are submitted for all parcels proposed for development under these regulations and the drawings, and associated information, shall show sufficient detail to enable the City's professional reviewer to determine whether the standard requiring a site plan has been met.

Effective on: 10/1/2015

Small Wind Energy System (SWES) means equipment that converts and then stores or transforms kinetic energy from the wind into usable forms of energy, which has a rated capacity that does not exceed 10kw, and is installed to reduce the on-site energy consumption. Equipment includes, but is not limited to, an anchor base, airfoil, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wiring, inverter, batteries, or any other components used in the system. A SWES may be a free-standing or attached to a building that supports the wind turbine.

Effective on: 10/1/2015

Smokestack means a type of chimney that conveys smoke into the air.

Effective on: 10/1/2015

Solar Arrays (also known as photovoltaic systems) convert sunlight into electricity which are used to generate renewable energy. Solar arrays can be mounted on the ground as its own individual structure, or as an accessory structure on a building or other structure (e.g., water tower or telecommunication tower).

Effective on: 10/1/2015

Special Flood Hazard Area (SFHA). See also the term "area of special flood hazard."

Effective on: 10/1/2015

Stabilization means the use of practices that prevent exposed soil from eroding.

Effective on: 10/1/2015

Standard Residential Neighborhood means a non-agricultural residential subdivision or condominium development that consists of a single housing type (e.g., single-family detached, single-family attached, manufactured homes parks or subdivisions, and/or multi-family housing) as allowed per zoning district. Standard residential neighborhoods are not planned residential neighborhoods.

Effective on: 10/1/2015

Start of Construction means:

1. For floodplain management purposes, includes substantial improvement and means:
   1. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date.
   2. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a permanent foundation.
   3. Permanent construction does not include the land disturbing activity needed to prepare the land for development (e.g., clearing, grading and filling); nor does it include the installation of streets, sidewalks, and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the principal structure.
   4. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
2. For other purposes, that a building permit or other written permit required to be issued by the City has been issued, and authorized work has commenced under such permit. This is recognizable upon an inspection of the property and which work is of a nature and character that reflects a good faith intention to continue the construction until completion, such as the clearing of rights-of-way, rough-grading of the roadway, the installation of a drainage system or stormwater management facilities, and the placement and active maintenance of erosion and sediment control measures. Control of weeds and cutting of vegetation, without more, do not qualify as "start of construction."

Effective on: 10/1/2015

State means the State of Texas.

Effective on: 10/1/2015

State Archeological Landmark means a designation made by the Texas Historical Commission and, in the case of privately owned property, with the landowner's permission. Although called "archeological" landmarks, this designation can include buildings as well as archeological sites. For a building to be designated as a State Archeological Landmark, it must first be listed on the National Register of Historic Places. Damage to a State Archeological Landmark is subject to criminal, not civil, penalties.

Effective on: 10/1/2015

Self Storage means a building or group of buildings that are used for the storage of personal property or records, where individual owners or tenants control individual storage spaces.

Effective on: 10/1/2015

Storage Yard means outdoor storage of operable equipment and building or infrastructure construction materials for off-site projects. The phrase "storage yard" does not include outdoor storage areas that are associated with an on-site heavy industry.

Effective on: 10/1/2015

Storm Drainage System means publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Effective on: 10/1/2015

Storm Water means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Effective on: 10/1/2015

Storm Water Management means the mitigation of the hydrologic impacts of lost natural runoff storage by the use of conventional storm conveyance systems or low impact development.

1. For water quantity control, a system of vegetative, structural, and other measures that may control the volume and rate of storm water runoff which may be caused by land disturbing activities or activities upon the land; and
2. For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by earth disturbing activities or activities upon the land.

Effective on: 10/1/2015

Storm Water Pollution Prevention Plan or (SWPP) means a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the action to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.

Effective on: 10/1/2015

Story means the portion of a building included between the surface of any floor and the surface of the next floor above it; if there is no floor above it, the space between such floor and the next ceiling above it. A half story is a story under a sloped roof, the wall heights of which on at least two opposite, exterior walls are less than four feet.

Effective on: 10/1/2015

Street means a strip of land, comprising the entire area within a street right-of-way, which is intended for use as a means of vehicular and pedestrian circulation, which provides access to more than one abutting lot.

Effective on: 10/1/2015

Street, Arterial means a street that is primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route. Arterials are comprised of:

1. Regional Arterial. Regional arterials which are defined herein as U.S. Highway 69, including frontage roads.
2. Principal Arterials. Principal arterials which are streets where:
   1. Mobility is primary;
   2. Access is secondary; and
   3. Connects (typically) to other arterials.
3. Minor Arterials. Minor arterials which are streets where:
   1. Mobility is primary;
   2. Access is secondary; and
   3. Connects principal arterials (typically) to lower classification roadways.

Effective on: 10/1/2015

Street, Collector means a street that serves or is designed to serve as the connection from minor residential streets to arterial streets (e.g., the main entrance and circulation through a residential development). Collector streets may also serve as a secondary connection between arterial streets.

Effective on: 10/1/2015

Street, Cul-de-sac means a short and independent minor residential street having only one point of ingress and egress, terminating in a circular turn-around called a cul-de-sac.

Effective on: 10/1/2015

Street, Half (or "Street, Partial") means a street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street, with the intent that the abutting property will provide the other half of the right-of-way when it is developed.

Effective on: 10/1/2015

Street, Minor Residential means a street which serves or is designed to serve primarily (but not always) as access to residential abutting properties.

Effective on: 10/1/2015

Street, Private means any street right-of-way that is not dedicated to public use, and which is maintained by a private entity, such as a property owners' association.

Effective on: 10/1/2015

Street, Public means any street right-of-way that is publicly owned by deed, right-of-way dedication, prescription, or any other conveyance, and maintained by a federal, state, or local unit of government.

Effective on: 10/1/2015

Street, Marginal Access means a minor residential street, parallel and adjacent to an arterial street, but separated from it by a long strip, which provides access to abutting properties and control of intersections with the major street.

Effective on: 10/1/2015

Street, Alley means a public or private minor way which are used primarily as a secondary means of access to the back or the side of properties otherwise abutting on a street.

Effective on: 10/1/2015

Street, Dead End means a minor residential street, other than a cul-de-sac, with only one means of ingress and egress.

Effective on: 10/1/2015

Structure means anything constructed or erected, the use of which requires permanent location on the ground (e.g., a shed), above the ground (e.g., a tree house), or below the ground (e.g., a pool), or attached to something having a permanent location on the ground including but not limited to fences, trash enclosures, signs, kiosks, or similar uses. A "structure" may sometimes be subsumed by the phrase "building."

Effective on: 10/1/2015

Subdivider means any person, firm, partnership, association, corporation, and/or other entity, acting as a unit, and any officer, agent, employee, servant, or trustee thereof, who does, or participates in the doing of, any act toward the subdivision of land as regulated by this UDC, and applicable state law. In certain instances, a subdivider may also be a developer.

Effective on: 10/1/2015

Subdivision means the division or redivision of a lot, tract, or parcel of land, by any means, including by means of a plat or a description by metes and bounds, into two or more lots, tracts, parcels, or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership, or for development. The term "subdivision" includes "resubdivision" and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Effective on: 10/1/2015

Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This phrase includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The phrase does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Effective on: 10/1/2015

Temporary Conditional Use Permit means a temporary approval of a conditional use permit for something that is designated as "T" in Table 2.2.106, Temporary Uses. Since these types of uses can be longer in duration than many temporary uses, and because they can have larger impacts (e.g., an asphalt or concrete batching plant), these uses require review by the Planning and Zoning Commission and approval by the City Commission. These applications follow the same procedures as a normal conditional use permit, but are just approved for a maximum not to exceed duration.

Effective on: 10/1/2015

Temporary Construction Building means a stick-built or modular building that is used as an administrative office for construction related activities occurring on the same lot under an active building permit.

Effective on: 10/1/2015

Temporary Construction Dumpster means a large trash or recycling receptacle located on private property (i.e., outside the public right-of-way) which is used to collect construction debris and other development related materials for transport off-site.

Effective on: 10/1/2015

Temporary Construction Yard means a temporary fenced enclosure used for the storage and maintenance of contractor supplies and operational equipment used for and located on the same lot of an active building permit.

Effective on: 10/1/2015

Temporary Use means a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time.

Effective on: 10/1/2015

Thoroughfare Plan means the official Thoroughfare Plan as adopted in the City's Comprehensive Master Plan, which may be amended from time to time. The Thoroughfare Plan is designed to ensure that adequate rights-of-way are preserved with a general alignment and sufficient width to allow for orderly and efficient expansion, improvement, and connectivity of the street transportation system.

Effective on: 10/1/2015

Top Cap is a horizontal element of a wood fence included to cover the top end of pickets and posts. A privacy fence with a cap top is commonly referred to as a cap & trim fence.

(Ord. No. 2021-29, 12/20/2021)

Effective on: 12/20/2021

Townhouse means a single-family attached building which contains four to six dwelling units arranged in a linear form, each of which is totally separated from the other by an unpierced wall extending from foundation to roof and has totally exposed front and rear walls that are used for individual unit access, light, and ventilation. There are three types of townhouses (based on design) for the purposes of this UDC, to which different requirements may apply:

1. Standard townhouses, which are generally two- or three-story buildings;
2. Weak link townhouses, which have a one-story and a two-story component in each unit, and are typically wider than standard townhomes; and
3. Roof deck townhouses, which provide a useable outdoor space on the roof of each unit.

Effective on: 10/1/2015

Travel Trailer means a vehicular, portable structure on a permanent chassis designed by the manufacturer to be towed by another vehicle.

Effective on: 10/1/2015

Tree means a woody plant that can be classified into one of the following classifications:

1. Large Tree;
2. Small Tree; or
3. Evergreen Tree.

Effective on: 10/1/2015

Tree Circumference shall be measured four and one-half feet above the ground using an ordinary tape measure or diameter tape. Measurement is taken just above or below any unusual swells in the trunk, as closely as possible to the four and one­ half foot level. For multiple-trunk trees, the trunk circumference is deemed to equal the circumference of the largest plus one-half the circumference of each additional trunk. Measurements should be accurate to the nearest one-half inch.

Effective on: 10/1/2015

Tree Cutting means the detaching or separating from a protected tree, any limb, branch or root. Cutting shall include pruning.

Effective on: 10/1/2015

Tree Damage means any action undertaken which causes injury, death or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, over­ watering, relocation or transplanting a protected tree, or trenching, excavating or paving within the protected zone of the tree.

Effective on: 10/1/2015

Tree Deadwood means limbs, branches or a portion of a tree that contains no live foliage during a period of the year when they should be present.

Effective on: 10/1/2015

Tree, Diameter Breast Height means the diameter of a tree trunk in inches measured at four and one-half feet above the ground.

Effective on: 10/1/2015

Tree Disposition Plan is a plan that specifies how trees on the tree list will be protected from development and pre-development activity.

Effective on: 10/1/2015

Tree Dripline means the outermost edge of a tree's canopy. When depicted on a map or plan, the dripline of a tree will generally appear as an irregularly-shaped circle that follows the contour of the tree's branches as seen from overhead.

Effective on: 10/1/2015

Tree Encroachment means any intrusion or human activity into the protected zone of a tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements.

Effective on: 10/1/2015

Tree, Evergreen means a broad leaf evergreen tree or cone-bearing evergreen tree that, at maturity, typically has a height of greater than 35 feet. For the purposes of this UDC, evergreen trees that typically have a height of 12 to 35 feet at maturity are considered small trees, and evergreens that typically have a height of less than 12 feet at maturity are considered shrubs.

Effective on: 10/1/2015

Tree, Large means a tree with a canopy that, at maturity, would occupy the upper level of a forest in a natural ecological situation. These trees are commonly called shade trees. They typically reach heights of more than 50 feet at maturity.

Effective on: 10/1/2015

Tree List means those trees set out in Appendix A, Plant Lists.

Effective on: 10/1/2015

Tree, Palm means any plant of the family Palmae having an unbranched trunk crowned by large pinnate or palmate leaves.

Effective on: 10/1/2015

Tree Protected Zone means a specifically defined area totally encompassing a tree within which work activities are strictly controlled. When depicted on a map or plan, the outermost edge of the protected zone will generally appear as an irregularly­ shaped circle that follows the contour of the dripline. In no case shall the protected zone be less than eight feet from the trunk of a tree.

Effective on: 10/1/2015

Tree Removal means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action.

Effective on: 10/1/2015

Tree Root Zone means an area of the ground around the base of the tree measured from the trunk to five feet beyond the outer base of the branching system.

Effective on: 10/1/2015

Tree Routine Maintenance means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering.

Effective on: 10/1/2015

Tree, Small means a tree with a canopy that would occupy the intermediate level of a forest in a natural ecological situation. They are also found as dominant species in old field succession. These trees are commonly called ornamental trees. Small trees are deciduous trees that typically reach heights of 12 to 44 feet at maturity, and evergreen trees that typically reach heights of 12 to 35 feet at maturity.

Effective on: 10/1/2015

Tree Survey means an on-the-ground survey drawing containing the location of the trees, their circumference, type (species) and protected zone limits.

Effective on: 10/1/2015

Triplex means a single-family attached building which contains three dwelling units arranged in a linear form, each of which is totally separated from the other by an unpierced wall extending from foundation to roof and has totally exposed front and rear walls that are used for individual unit access, light, and ventilation.

Effective on: 10/1/2015

Truck Camper means a portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor and sides to be loaded onto and unloaded from the bed of a truck.

Effective on: 10/1/2015

Truckload Sale means the temporary sale of merchandise outdoors from the back or bed of a truck or trailer by persons who are not employed by the owners or managers of the lot or parcel on which the sale occurs, or tenants of buildings on the lot or parcel on which the sale occurs.

Effective on: 10/1/2015

Uniformity Ratio means the ratio of the average illumination to minimum illumination for the designated lighted area. For example, a 4:1 uniformity ratio mans that the lowest level of illumination should be no less than 25 percent (or four times less) of the average level of illumination for the area. Light uniformity is important to night vision since the eye can adapt quickly to only a narrow range of illumination at any one time.

Effective on: 10/1/2015

UDC means the "Unified Development Code" of the City of Richmond, Texas.

Effective on: 10/1/2015

Use means any activity occurring on a lot or parcel for which land or a building or a structure is arranged, designed, or intended, or for which land or a building or a structure is or may be occupied. This includes principal uses, accessory uses, and temporary uses.

Effective on: 10/1/2015

Variance means a development approval that provides relief from the standards of this UDC (see Section 6.3.409, Variances).

Effective on: 10/1/2015

Vehicle Gas and Fueling Station means a gasoline service station or fuel stations (e.g., hydrogen, compressed natural gas, or liquefied petroleum gas) for alternative fuel vehicles, which may include a convenience store as an accessory use.

Effective on: 10/1/2015

Vehicle Sales, Rental, and Service means a use that sells, rents, or performs services on automobiles, trucks, boats , construction equipment, all-terrain vehicles, and motorcycles, where the inventory is new or used and is stored for any length of time on-site. The use may also include "vehicle fueling or charging stations," or "vehicle washes," when such use is an accessory use to the principal use (i.e., fueling or washing the vehicles being rented, sold, or serviced on the property). The use does not include body shops (e.g., collision repair), paint booths, or reupholstering unless they are approved as principal uses on the same site.

Effective on: 10/1/2015

Vehicle Wrecking and Salvage Yard; Junkyard means:

1. Vehicle Wrecking and Salvage Yard. Vehicle wrecking and salvage yard means an outdoor place where a person stores three or more vehicles for the purpose of dismantling or wrecking the vehicles to remove parts for sale or for use in automotive repair or rebuilding.
2. Junkyard. Junkyard means a place where a business that owns junk, and is operated to store, buy, or sell junk, keeps all or part of the junk outdoors until the business disposes of the junk.

See Texas Transportation Code §396.001.

Effective on: 10/1/2015

Warehousing and Logistics means indoor warehousing, distribution, or logistics facilities; retail distribution centers; order fulfillment centers; and moving and storage services (including full-service moving and storage and indoor storage of shipping containers). The phrase does not include self-storage; wholesale; or warehousing and distribution that are accessory to a light industrial or heavy industrial facility, nor parcel service drop-off locations that are not accessory to a parcel service processing facility.

Effective on: 10/1/2015

Waste Transfer Station / Recycling Collection Facility means:

1. Waste Transfer Station. A waste transfer station means the use of land or a facility, regardless of name or title, to unload waste of any kind or type from vehicles, and, with or without intermediate processing such as compaction, sorting, or shredding, subsequently re-load the waste onto other vehicles for delivery to another transfer site or solid waste facility.
2. Recycling Collection Facility. A recycling collection facility means a building or site that is used for the collection and processing of recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard, and other discarded household materials), where the materials are sorted, temporarily stored, and then shipped in bulk to other locations for processing. The facility may also process recyclable materials for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, or cleaning, but not melting down.

The phrase "waste transfer station / recycling collection facility" does not mean a wastewater treatment facility.

Effective on: 10/1/2015

Waterbody means any watercourse, lake, or pond that is defined by a bank or shore, in which water can be found on a year-round basis.

Effective on: 10/1/2015

Watercourse means a stream channel (perennial, intermittent, mapped, or unmapped) with banks and a bed within which water regularly flows.

Effective on: 10/1/2015

Water Surface Elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Effective on: 10/1/2015

Waterway means a channel that directs surface runoff to a watercourse or to the public storm drain.

Effective on: 10/1/2015

WFBMD District Standards means the West Fort Bend Management District Recodified Architectural and Landscaping Standards and Guidelines for New Construction, Development and Redevelopment for U.S. 59, Portions of Highway 36, Portions of Highway 90A, FM 359, Portions of FM 762, FM 2218 and Spur 10 Corridors.

Effective on: 10/1/2015

Wetland means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, bayous, and similar areas.

Effective on: 10/1/2015

Wholesale means the business of:

1. Selling goods, equipment, or food to retailers, generally in larger quantities than they are sold to final consumers, but often in smaller quantities than they are purchased from manufacturers; or
2. Selling specialized equipment and supplies to businesses, but not to the general public.

The term "wholesale" includes warehousing and / or showrooms. It does not include wholesale clubs that offer memberships to the general public, which are classified as "heavy retail / home center," nor "nurseries / greenhouses, wholesale."

Effective on: 10/1/2015

Wireless Telecommunications Facilities (WTF), Attached means facilities that are affixed to an existing structure (including buildings, water tanks, and communications towers) and consist of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and also means a broadcast tower.

Effective on: 10/1/2015

Wireless Telecommunications Facilities (WTF), Freestanding Non-Stealth are lattice towers, monopole towers, guyed towers, or other freestanding facilities that do not meet the definition for "WTF, freestanding stealth" and consist of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and also means a broadcast tower.

Effective on: 10/1/2015

Wireless Telecommunications Facilities (WTF), Freestanding Stealth are facilities that have been designed to be architecturally compatible with the surrounding area. They camouflage or conceal the presence of the tower and the antennas that are mounted on it; and include, but are not limited to: artificial rocks and trees, freestanding clock towers and bell steeples, light poles, flagpoles, and artistic structures); and consist of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines, and also means a broadcast tower.

Effective on: 10/1/2015

Woodland means an area covered by a canopy of woody plants (trees) that qualifies as mature and/or young. It may also be a forest, wood lot, grove, or stand of trees meeting the specifications of the forest type.

Effective on: 10/1/2015

Yard means an unoccupied space open to the sky on the same lot with a building or structure. A required yard is the distance between the lot line and the setback that is required from that lot line.

Effective on: 10/1/2015

Yard, Front means a yard that extends across the full width of the lot between the front lot line and the required front setback line.

Effective on: 10/1/2015

Yard, Rear means a yard extending the full width of the lot between the rear lot line and the rear setback line. For a corner lot, the rear yard does not extend beyond the side street setback line.

Effective on: 10/1/2015

Yard, Required means, singularly and collectively, the front yard, side yard, and rear yard required by this Unified Development Code.

(Ord. No. 2020-30, 12/21/2020)

Effective on: 12/21/2020

Yard, Side means a yard between the principal building and the side line of the lot, extending from the front yard to the rear yard.

Effective on: 10/1/2015

Yard, Side Street means a yard extending from the front setback line to the rear lot line, located between the side street lot line and the side street setback line.

Effective on: 10/1/2015

Zone District or District means an area of the City delineated on the official zoning map, designated by name or abbreviation as provided in the regulations of this UDC.

Effective on: 10/1/2015