1.

Acceptable outfall. The point, as determined by a registered professional engineer, where stormwater can be released to a channel without causing erosion, or resulting sedimentation to the receiving channel or its floodplain. Where necessary, the outfall shall include structural and vegetative measures to assure nonerosive velocities.

2.

Accessory building. In a residential district, a subordinate building, attached to or detached from the main building, without separate utilities, and not used for commercial purpose or rented. It may be used as a guest house, a washroom, and storage room for domestic storage belonging to the owner or tenant only, or a space for one or more automobiles owned by the owner, tenant or guests. In districts other than residential, an accessory building is a subordinate building the use of which is incidental to and used only in conjunction with the main building. Accessory building shall not be used in conjunction with home occupations for storage of products intended for retail sale.

3.

Accessory use. A use customarily incidental and subordinate to the main use; provided further, that a use is an accessory use in a "residential" district only if the use is located on the same lot as the main use.

4.

Adopted policies. A written administrative directive discussed at a public meeting and officially adopted by a majority vote of the council.

5.

Alley. A minor public right-of-way, not intended to provide the primary means of access abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

6.

Alteration. Any construction or change of the exterior of a building, object, site or structure. For buildings, objects, sites or structures, alteration shall, but is not limited to, the changing of roofing or siding materials; changing, eliminating, or adding doors, door frames, windows, window frames, shutters, fences, railings, porches, balconies, signs, or other ornamentation. Alteration shall not include ordinary repair and maintenance.

7.

Amusement, Commercial (Indoor). Any amusement enterprise wholly enclosed in a building which is treated acoustically so that no noise of the enterprise is perceptible at the bounding property line and including, but not limited to, a movie theater, bowling alley, billiard parlor or video arcade.

8.

Amusement, Commercial (Outdoor). Any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including, but not limited to, a golf driving range, amusement park, archery range, miniature golf course or other similar activity.

9.

Apartment. A room in an apartment house or a suite of rooms arranged, designed or occupied as a residence by a single family, individual, or groups of individuals. See "Dwelling unit, multiple."

10.

Apartment house. A building designed, built, rented, leased, let or hired out, which is occupied as the home or residence of three (3) or more families or individuals, living independently of each other. See "Dwelling unit, multiple."

11.

Assisted Living. An establishment, including personal care and board and care facilities, that furnishes, in one or more facilities, food and shelter to more than six individuals who are unrelated to the owner of the establishment; and provides personal care services; and in addition, provides minor treatment or services which meet some need beyond the provision of food, shelter, and laundry.

12.

Authorized agent. An architect, builder, developer or other person or persons empowered to act on behalf of other persons.

13.

Bar, cocktail lounge, tavern saloon. An establishment where the primary business is the sale of alcoholic beverages for on-premises consumption.

14.

Bed and Breakfast. An owner occupied private home of historic interest, which offers lodging for paying guests, which may serve meals to these guests, and which allows for limited social functions as regulated by a Specific Use Permit, Limited Use Permit, or otherwise required by this code.

15.

Block. An area enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of measurement, it shall mean the distance along a side of street between the nearest two (2) streets which intersect said street.

16.

Building. Any structure built for the support, shelter and/or enclosure of persons, chattels or moveable property of any kind.

17.

Building development/development. The term "building development or development" shall be construed to include any construction, reconstruction, conversion, structural alternation, relocation, or enlargement of buildings or structures; use or change in use of buildings or land; and/or extension of use of land or clearing, grading, excavation or other movement of land, for which permission may be required under this code. Includes reconstruction, alteration of the size, or material change in the external appearance of a structure; changes in intensity of land use; and excavation for construction, moving, alteration, or repair, except ordinary repairs, of any building or other structure.

18.

Building setback line. A line defining an area on the building lot between the property line and the building line within which no building shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the City of Seguin; also called "building line" or "setback line".

a.

Front building setback line. A line parallel to the street right-of-way line which the building faces, and takes its primary access from. On corner lots the front building setback line shall be considered as parallel to the street upon which the lot has its least dimension except where corner lots may be square in dimension and/or have double frontage, at which time the front yard shall correspond to the lot's side adjacent to the longest block face in which it occurs and to which the majority of the existing structures front.

b.

Side building setback line. A line parallel to an adjacent lot or street right-of-way on a corner lot, which the building sides up to.

c.

Rear building setback line. A line parallel to an adjacent lot, alley, or street in the case of double-frontage lots, which the building backs up to and has its rear or secondary access from.

19.

Carport. A roofed structure open on two (2) sides when attached to a dwelling and open on three (3) sides when detached from a dwelling, covered with a roof supported by structural steel or wood columns or masonry piers of minimum size for structural safety.

20.

City. The City of Seguin, Guadalupe County, Texas.

21.

City attorney. A licensed attorney employed or designated by the City of Seguin to provide legal services for and in behalf of the City.

22.

City Council/Council. The words "City Council" or "Council" shall refer to the City Council of the City of Seguin, Texas.

23.

City Engineer. A registered professional engineer employed or designated by the City of Seguin to provide professional engineering services for and in behalf of the City.

24.

City standards. As referred to in this ordinance, shall mean the City's standards and specifications, together with all tables, drawings and other attachments hereinafter approved by the Council.

25.

Clinic. An institution or station for the examination and treatment of ill and afflicted outpatients by a physician or group of physicians.

26.

Cluster development. See "Subdivision, cluster."

27.

Columbarium. A structure of vaults lined with recesses for cinerary urns operated as part of a cemetery, funeral home, or church.

28.

Commission. The Planning and Zoning Commission of the City of Seguin, Guadalupe County, Texas.

29.

Community Center. A central social and recreational building as part of a housing project, subdivision or planned unit development.

30.

Communication Tower. A device fixed and free-standing or guyed, which may include an uninhabitable structure, not designed as a shelter or to be occupied for any use. This definition includes, but is not limited to, any such structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum of radio waves. The following are examples, but are not limited to: freestanding monopole structures, lattice or open framed structure and other similar self-supporting, trussed, or open framed structures, and guyed structures. For communication tower purposes a monopole is a single, slender and typically cylindrical, vertical structure to which antennae are affixed.

31.

Commercial trimming/cutting. Any individual or business that practices tree trimming, cutting or removal, for hire, within the City limits of the City of Seguin, Texas.

32.

Comprehensive plan. The comprehensive plan of the City of Seguin and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. Also Comprehensive Master Plan, Master Plan.

33.

Concept plan, subdivision. A plan depicting the layout of a proposed subdivision that identifies the location of proposed parks, open space lots, drainageways and drainage lots, streets and street alignments, and utilities that will serve the development.

34.

Condominium. A multifamily dwelling unit, within which designated units or apartments are conveyed, [in] fee simple title, with an undivided interest in the building's common elements, to include, but not be limited to, halls, stairs, elevators, roof parking space, and the land when the building is not constructed on leased land.

35.

[Reserved.]

36.

Crematory. A furnace for cremating deceased humans or an establishment containing such a furnace operated as part of a funeral home.

37.

Crosswalk way. A public right-of-way, six feet or more in width between property lines, which provides pedestrian circulation.

38.

Custom slaughter facility. A building where animals are killed and butchered for human consumption. The term "animals" shall include only those animals used for human consumption, including, sheep/goat, bovine, fowl, swine, or other animals used for human consumption. This definition excludes rendering operations.

39.

Day care nursery. A place designed for the care of children for less than 24 hours a day.

40.

Decorative street light. Shall include any light standard or fixture which is not of a type normally stocked by the City electric department.

41.

Density. The number of dwelling units per gross acre of subdivision, excluding any areas that are nonresidential in use.

42.

Detached garage. A garage wholly separated from and independent of the principal building on a lot; or connected to a principal building by an unenclosed or latticed passageway, arbor or covered walk.

43.

Developer. An individual, partnership, corporation or governmental entity undertaking the subdivision or improvement of land and other activities covered by these regulations, including the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. The term "developer" is intended to include the term "subdivider" even though personnel in successive stages of a project may vary.

44.

Director of Planning. The duly authorized employee or representative of the City in charge of the planning function for the City and charged with implementation and enforcement of the subdivision, zoning and other growth-related ordinances. Also called the Director of Planning & Codes.

45.

Director of Public Works. The duly authorized employee or representative of the City in charge of the street department, water department, sewer department, or a combination of such departments of the City.

46.

District/Zoning District. A section of the City of Seguin for which the regulations governing the areas, heights or uses of buildings are uniform.

47.

Dormitory. A building, other than a hotel or motel, containing rooming units with or without individual kitchen facilities to be used for residential purposes. Rentals of each unit shall be on a weekly basis or longer. A dormitory may contain common food preparation and eating facilities primarily for the use of the occupants of the building.

48.

Drainage facilities. Storm drainage facilities are hereby defined as being all parts of a drainage system, consisting of streets, alleys, storm sewers, channels, culverts, bridges, swales, detention or retention facilities, and any other feature which stormwater flows over or through.

49.

Drip Line Area. The area immediately below the tree's canopy.

50.

Dwelling unit. A room or suite or set of rooms occupied or suitable for occupancy as a family residence and having kitchen, bath and sanitary facilities, together with appropriate appurtenances to such occupancy.

a.

Single-family detached dwelling unit: A building designed for and occupied exclusively by one family as a separate dwelling unit and not meeting the requirements of a townhouse or row house. Occupancy shall be limited to no more than four (4) individuals who are unrelated by blood, legal adoption, or marriage. The owner and any agent of the owner shall be legally responsible for any dwelling unit use.

b.

Single-family attached dwelling unit: A building designed or occupied exclusively by one family as a separate dwelling unit, and meeting the requirements of a townhouse or row house. Occupancy shall be limited to no more than four (4) individuals who are unrelated by blood, legal adoption, or marriage. The owner and any agent of the owner shall be legally responsible for any dwelling unit use.

c.

Duplex: A building designed for or occupied exclusively by two (2) families living independently of each other. A duplex sharing a lot with other residentially used structures shall fall under the definition of a multiple dwelling unit and shall not be considered a duplex for the purposes of this ordinance.

d.

Multiple: A building designed for and/or occupied exclusively by three (3) or more dwelling units. (Also known as multifamily dwelling unit.)

e.

Accessory: A secondary separate dwelling unit such as a garage apartment no larger than 50% of the square footage of the primary structure. The determination of whether one family is living independently of another is based on one or more of the following criteria: separate sanitary facilities, separate kitchen facilities, separate entrances, and separate utilities.

51.

Easement. An interest in land granted to the City, to the public generally, and/or to a private utility corporation.

52.

Efficiency apartment. An apartment having a combination living and bedroom (no separate bedroom), cooking facilities and bath.

53.

Engineer. A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering.

54.

Extraterritorial jurisdiction. The unincorporated area, not a part of any other City, which is contiguous to the corporate limits of the City of Seguin, the outer limits of which are measured from the extremities of the corporate limits of the City outward for such distances as may be stipulated in the Texas Municipal Annexation Act in accordance with the total population of the incorporated City, and in which area, within the terms of the act, the City may enjoin the violation of its subdivision ordinance.

55.

Family Home for Handicapped. A community based residential home established to care for persons that have a physical or mental impairment and have trouble performing certain life activities. The purpose for a family home is to assist these persons with a physical or mental impairment in order to help them develop certain life skills. A family home may not have more than six disabled persons and two supervisory personnel residing at the home at any one time.

56.

Farm. An area of two (2) acres or more which is used for the growing of the usual farm products such as vegetables, fruits, trees and grain and their storage on the area and/or the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine, and including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory use shall be secondary to that of the normal activities; and provided further, that it does not include the commercial feeding of offal or garbage to swine or other animals.

57.

Farmers/Artisans Market. A market at a designated outdoor location for the distribution and sale (directly to consumers) of products and goods that are locally grown by farmers/gardeners or hand-crafted by artisans. Products and goods are not mass produced and no other retail or any resale is permitted.

58.

Fence. Means any wall or structure more than 18 inches in height erected or maintained for the purposes of enclosing, screening, restricting access to or decorating a lot, parcel, building or structure. Fence does not include dog runs, arbors or other incidental decorative barriers located within perimeter fencing.

59.

Finish side, Fence. Means that side of the fence that forms the barrier, where the support elements, including posts and rails of the fence, are not visible from outside the property.

60.

Floodplain. Any and all land area adjoining the channel of a river, stream, lake, watercourse, marshy area or other drainage element, which has been or may be inundated by stormwater runoff. The extent of the floodplain shall be determined by the crest of a flood having an average frequency of occurrence of once in 100 years, as established by the Federal Insurance Administration.

61.

Floodway. 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 one foot.

62.

Fraternity or sorority. A social club or an association having meeting facilities for the members. A fraternity or sorority house may have dormitory facilities for its members. Any such fraternity or sorority house shall be deemed a rooming house, boarding house, or group home, depending upon the circumstances in each instance. The office or headquarters of a professional, business or other fraternal organization shall be considered as an office for the purposes of this chapter.

63.

Garbage Container. A large receptacle, usually exceeding 90 gallons, used for the storage and disposal of trash, garbage, refuse and grease rendering. This definition does not include the following: temporary dumpsters used in construction, temporary dumpster for special events, recycling dumpsters, residential garbage containers, usually 90 gallons or less, provided by the City's franchise holder.

64.

General plan. See "Comprehensive Plan".

65.

General Land Use Plan. A plan, including all site details and functions, required for development of any tract zoned Planned Unit Development.

66.

Guest house. An accessory building designed for the temporary occupancy of guests of the primary dwelling for which there is no remuneration.

67.

Height, Structure. The height of a building or portion of a building shall be the vertical distance from grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, and the mean height level between eaves and ridge for hip, gable or gambrel roofs. In measuring the height of a building, the following structures shall be excluded: Chimneys, cooling towers, elevator bulkheads, mechanical rooms, tanks, water towers, radio tower, television antennas, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height.

68.

Height, Communications Tower. The vertical distance between the finished grade at the base of the tower or the lowest point of contact with the building, and the highest point of the tower structure.

69.

Height, Freestanding Sign. The measurement shall be from the grade to the highest point of the sign, including the sign face structure, pole and any projection, decoration or trim of the sign face structure or pole.

70.

Height, Small Wind Energy Systems. The height above natural grade of the fixed portion of the tower, excluding the wind turbine.

71.

Historical tree. See "Protected Tree".

72.

Home occupations. A home occupation is an occupation customarily carried on in the home by a member of the occupant's family without structural alterations in the building or any of its rooms, without the installation of machinery other than that customary to normal household operation or additional equipment, without the employment of additional persons, and which does not cause the generation of additional traffic in the street and which does not require the display of a sign.

73.

Hospital. An institution or place where sick or injured patients are given medical or surgical care either at public (charity) or private expense.

74.

Hotel and motel. A building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied singularly for hire, and in which there are more than eight (8) sleeping rooms, and which may have a public dining room accommodating more than eight (8) guests, and a central kitchen.

75.

Industrialized housing. A residential structure that is designed for the occupancy of single-family or duplex use; which bears an approved decal or insignia, clearly visible, under rules promulgated by the State of Texas signifying the dwelling as "industrialized"; that is intended to be installed on a permanent foundation system approved by the locally adopted building codes; that meet all other locally adopted building codes; and that meet all other State and local requirements for industrialized housing.

76.

Industry, light. Establishments engaged in the manufacturing of finished or semi-finished products or parts, including fabrication, assembly, and packaging of such products; includes warehousing, wholesaling, distribution of products, research and development activities, and high technology use, but excluding basic industrial processing. Such activities shall not emit detectable particulates, odor, smoke, gas fumes, light, vibrations or noise beyond the property lines.

77.

Industry, heavy. Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.

78.

Kindergarten. A school for children of pre-public school age.

79.

Landscape Area. An area devoted to plant materials adaptable to this region, including, but not limited to, trees, shrubs, grasses, ground covers, mulch and other landscape features, i.e. berm.

80.

Limited Use Permit. An administrative use permit granted by the Director of Planning after specified conditions have been met.

81.

Live Entertainment. A use which includes any or all of the following activities: Performances by musicians or dancers; live bands or musical acts; or the amplification of recorded music/entertainment by disc jockeys, in conjunction with a tavern or night club operation.

82.

Lot of record. A parcel of land which is part of a subdivision, the map or plat of which has been recorded in the office of the county clerk of "the appropriate county;" a parcel which existed in its current configuration and was created by a metes and bounds legal description recorded in a deed of transfer or sale at the office of the Guadalupe County Clerk prior to June 26, 1987; excluding those tax parcels which are identified as being created for tax purposes or deed of trust for borrowing money against a tract of parcel;

a.

Lot area. The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys. Utility easements are to be considered part of the net lot area.

b.

Lot depth. The length of a line connecting the midpoints of the front and rear lot lines.

c.

Lot, double-frontage. 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.

d.

Lot frontage. The length of street frontage between property lines.

e.

Lot, irregular. 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.

f.

Lot width. That distance measured along a line connecting two (2) side lot lines along the front building line.

g.

Lot, corner. A lot situated at the junction of two (2) or more streets.

h.

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

i.

Lot lines. The lines bounding a lot as defined herein:

i.

Front lot line: The property line between the front yard and the contiguous street right-of-way boundary.

ii.

Rear lot line: The property line between the rear yard and the adjacent property or right-of-way, and contiguous with the legal boundary of such use.

iii.

Side lot line: The property line between two (2) adjacent lots or between the side yard and the contiguous street right-of-way boundary on corner lots.

83.

Maneuvering space. The space entirely on private property required for maneuvering vehicles in such a manner as to preclude the backing of any vehicle into any street right-of-way.

84.

Manufactured home. A single-family dwelling unit fabricated in an off-site manufacturing facility; is transportable in one or more sections, is attached to a permanent chassis but is not equipped with a permanent hitch, axle, wheels or other device allowing for transport other than to a permanent site. All manufactured homes bear a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards.

85.

Manufacturing, Artisan. Small-scale establishments engaged in on-site production of hand-fabricated or hand manufactured products through the use of hand tools or small-scale, light mechanical equipment and focused on direct sales rather than the wholesale market. Artisan manufacturing includes fabrication, preparation and production on a small scale such as apparel and textile manufacturing, jewelry making, wood and metal working, pottery and glass making, and equivalents as determined by the Planning Director. Artisan manufacturing does not include food and beverage production.

86.

Manufactured home park. A unified development of a minimum of three (3) acres and ten (10) approved manufactured home spaces for rent or lease, arranged on a tract of land, in which the tenant of the manufactured home are not the owners of the land.

87.

Manufactured home space. An area within a Manufactured Home Park which is designed for and designated as the location for a single manufactured home and the exclusive use of its occupants. Also may be referred to as a manufactured home lot in a manufactured home park.

88.

Manufactured home subdivision. The division of land as the term "subdivision" is defined in this ordinance for the purpose of manufactured home occupancy. A manufactured home subdivision shall consist of not less than three (3) acres and ten (10) approved manufactured home sites.

89.

Microbrewery/brewpub. A facility for the production and package of malt beverages of low alcoholic content for distribution, retail or wholesale, on or off premises, with a typical capacity of not more than 15,000 barrels per year. Other uses such as a restaurant or bar are allowed on-site when permitted within the zoning district and TABC regulations.

90.

Mobile Food Vendor. A vehicle mounted, self or otherwise propelled and designed for public roads, that is readily mobile with no permanent fixed location, the vendor of which prepares all or most of its food on board the vehicle to serve or distribute to customers in a form suitable for immediate ingestion or consumption (to include food trucks and food trailers).

91.

Mobile Food Vendor Park. An area on private property designated to accommodate three or more mobile food vendors.

92.

Mobile home. A structure that was constructed prior to June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems The following shall not be included in this definition: travel trailers, pickup coaches, motor homes, camping trailers, or other recreational vehicles, Manufactured modular housing which is designed to set on a permanent foundation, and which uses standard sheathing, roofing, siding, and electrical, plumbing and heating systems which comply with the adopted building code.

93.

Mobile home subdivision. The division of land as the term "subdivision" is defined in this ordinance for the purpose of mobile home occupancy. A mobile home subdivision shall consist of not less than three acres and 20 approved mobile home lots.

94.

Nightclub or dance hall. An establishment whose primary activity is the provision of facilities for dancing, including a dance floor and live entertainment or amplified music. Such establishment may or may not provide on-premises consumption of alcoholic beverages. Schools of dance are exempted from this definition.

95.

Nonconforming use (legal). A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated.

96.

Nursing Home or Long Term Care Facility. Any structure or collection of structures located on one site used or occupied by persons recovering from illness or suffering from infirmities of old age.

97.

Oak Wilt. A disease caused by the fungus Ophiostoma fagacearum or ceratocystis fagacearum.

98.

Office. A room, studio, suite, or building or any part thereof in which a person transacts his business or carries on his stated occupation. For the purposes of the ordinance, an office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods and products, or the sale and delivery of any materials, goods or products which are physically located on the premises. An office shall not be deemed to include a veterinary clinic.

99.

Open space. Private property under common ownership designated for recreational area, private park (for use of property owners, within the subdivision), play lot area, plaza area, building setbacks (other than those normally required), and ornamental areas open to the general view within the subdivision. Open space does not include streets, alleys, utility easements, public parks or required setbacks.

99.1.

Outdoor entertainment venue (small). An establishment with an outdoor area where live entertainment is performed as a component of the business, and which the outdoor area has an occupancy of less than 150. Live entertainment includes but is not limited to performances by singers, bands, disk jockeys, or other performers.

99.2.

Outdoor entertainment venue (large). An establishment with an outdoor area where live entertainment is performed as a component of the business, and which the outdoor area has an occupancy of 150 or more. Live entertainment includes but is not limited to performances by singers, bands, disk jockeys, or other performers.

100.

Park/Parkland. Land dedicated to, or purchased by, the City for the purpose of providing public recreational and/or open areas. This may include land designated for golf courses, parks, approved greenbelts and nature preserves, which are readily accessible to the intended users. Land designated for parkland shall not include streets, alleys, drainageways not improved for recreational or other approved uses, parking lots, or storage areas.

101.

Parkland, Private. Parkland or open space not dedicated to the City, but designated as an easement or reserve for private open space or private recreational use.

102.

Parks and Recreation Advisory Board (AKA Parks Board). The parks and recreation board of the City of Seguin, a citizens advisory board appointed by the Seguin City Council.

103.

Parking Area. A paved or improved surface designed and ordinarily used for the parking of motorized and non-motorized vehicles and other equipment on wheels, including, but not limited to, automobiles, recreational vehicles, trailers, and boats.

104.

Pavement width. The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs.

105.

Person. Any individual, association, firm, corporation, governmental agency or political subdivision.

106.

Planned unit development. A subdivision that consists of a variety of land use types, incorporating a single or a variety of types of residential dwelling units, and/or compatible commercial and industrial land uses, public land uses, and common open space and recreational areas, adequate to service the needs of the tract when fully developed and populated, and which is to be developed as a single entity, under unified control. The development is guided by a general land use plan where certain zoning or subdivision regulations, other than use regulations, may be waived or varied to allow flexibility and creativity in site and building design and location, in conformance to general guidelines.

107.

Planning Commission. The city Planning and Zoning Commission of the City of Seguin, Texas.

107.

Planting Material. Means trees, shrubs, grasses, ground covers and other landscape features specifically designed and installed as site improvements and approved by City of Seguin staff and in accordance with this code ordinance.

109.

Plat. A map of a subdivision showing the exact layout and proposed development of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys and/or any other elements as required by this ordinance, and which a subdivider shall submit for approval in accordance with this ordinance. A plat is prepared in a form suitable to be filed of record in the plats records of Guadalupe County with the necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land. Specifically, the term "plat" refers to preliminary plats, final plats, minor plats, amending plats, replats, and vacating plats.

110.

Plat, administrative. A plat that is approved through an administrative action as allowed by the Texas Local Government Code without the approval of the Planning and Zoning Commission. All plats are administrative plats that the Planning Director has the authority to take administrative action on.

111.

Plat, final. A plat involving five or more lots or a plat that requires the creation of new streets or the extension of municipal facilities.

112.

Plat, minor. A plat involving four or fewer lots fronting on an existing street and not requiring the creation of any new streets or the extension of municipal facilities.

112.5.

Plat, preliminary. A plat submitted for final approval to the Planning and Zoning Commission, and which shall be prepared and submitted in accordance with Section 3.6 and all applicable easements. An approved preliminary plat is highly recommended before the submittal of a Public Infrastructure Permit and is not filed with the plat records of Guadalupe County.

113.

Plat amendment (amending plat). A minor change of an existing subdivision to a lot line or setback contained within. No new lots are created, existing lots are combined or the size of any one lot substantially increased.

114.

Plat revision, replat, resubdivide. A plat vacating an existing subdivision in lieu of a new pattern of development; the subdivision of an existing or duly recorded lot or lots, the combining of two or more lots to create one lot, or the subdividing of an existing platted but undeveloped subdivision into a new pattern of lots and blocks.

115.

Portable building. A temporary building that does not have a foundation and is transportable.

116.

Porte cochere. A roofed space, open on two (2) or three (3) sides, covered with a flat or hipped roof and ordinarily used as a shelter under which vehicles are driven or temporarily parked.

117.

Private sewage facilities. Septic tanks, pit privies, cesspools, sewage holding tanks, injection wells used to dispose of sewage, chemical toilets, treatment tanks and all other facilities, systems and methods used for the disposal of sewage other than disposal systems operated under a waste discharge permit issued by the State of Texas.

118.

Private, parochial or charter school. An institution of learning having a curriculum equivalent to public schools, providing care, training, education, custody or supervision for four (4) or more children who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the twenty-four-hour day, whether or not the facility makes a charge for the service offered by it; provided however, that this does not include specialty schools, such as dancing, music, beauty, mechanical, trade, swimming, or commercial schools

119.

Protected Tree. Any tree not classified as "not protected", listed in the Unified Development Code Technical Manual, and meeting the following criteria:

a.

6" diameter or larger for canopy or large maturing trees measured 4.5 feet above natural grade.

b.

4" diameter or larger for small maturing trees measured 4.5 feet above natural grade.

c.

4" for multi-trunk trees, calculated by measuring the largest trunk and ½ the diameter of the sum of all other trunks.

d.

A tree having a diameter greater than 24", measured 4.5 feet above natural grade.

e.

Historical tree: Any tree recognized as historically significant by a bona fide local, state, or national organization is considered a protected tree.

119.5.

Public Infrastructure Permits. The drawings and technical specifications, including bid documents and contract conditions, where applicable, providing a graphic and written description of the character and scope of the work to be performed in construction of a subdivision. Detailed specifications for requirements can be found in the UDC Technical Manual.

120.

Public right-of-way. A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk way, sidewalk or drainageway.

121.

Public stable. A stable with a capacity for more than four (4) horses or mules.

122.

Public Utility. Any person, company, corporation, cooperative, cooperative corporation, partnership, or any combination thereof, that is subject to both a municipal franchise agreement and the comprehensive regulatory system established by and defined in the Texas Public Utility Regulatory Act, that owns or operates for compensation equipment or facilities for: producing, generating, transmitting, distributing, selling, or furnishing electricity; or the conveyance, transmission, or reception of communications over a telephone system as a dominant carrier. The term "public utility" shall not include, as is defined in the Public Utility Regulatory Act, telegraph services, television services, television stations, radio stations, community antenna television services, general radio-telephone services, or radio-telephone services authorized under the Public Mobile Radio Services rules of the Federal Communications Commission or private water companies.

123.

Recreational vehicle park. Any lot, tract or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week or month where a charge is or is not made.

124.

Recreational vehicle or travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer or recreational vehicle by the manufacturer of the trailer and, when factory-equipped for the road, it shall have a body width not exceeding eight (8) feet and a body length not exceeding state maximums.

125.

Recycling centers.

a.

Recycling center (inside): A collection operation for reusable materials including, but not limited to, aluminum cans, glass bottles and office paper goods. All storage must be located inside of a building.

b.

Recycling center (outside): A collection operation for reusable materials including, but not limited to, aluminum cans, glass bottles, and office paper goods; which are broken, separated and/or compressed and may be stored within shipping containers and/or transportation vehicles on site.

c.

Recycling scrap processing: A collection operation for reusable materials including, but not limited to, glass, aluminum cans, paper, including the storage and separation of various recyclable materials such as residential scrap metals, scrap appliances and other scrap; but not including scrap automobiles.

126.

Residential use. The term "residential use" shall be construed to include single-family residential uses, two-family uses, and multifamily (apartment, townhouse or condominium) uses.

127.

Restaurant. A building or portion of a building, where the primary business is the on-premises sale of prepared food in full compliance with all state and City health and sanitary laws and regulations, with adequate kitchen facilities for the preparation of the food to be sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold.

128.

Retail. The sale of goods directly to a consumer; engaged in, pertaining to, or relating to the sale of merchandise at retail; to sell individual items or by the piece, directly to a consumer.

129.

Salvage yard. A tract of land used for the purpose of dismantling, disassembling or otherwise destroying automobiles or other vehicles in accordance with all state and local laws, for the purpose of dealing in said parts so dismantled. All such operations shall be completely enclosed by a fence meeting the requirements set forth in this Code.

130.

Shall/may. The word "shall" is always mandatory, while the word "may" is merely permissive.

131.

Shopping center. A group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

132.

Sidewalk. A paved pedestrian way generally located within public street right-of-way, but outside the roadway, and built in accordance with City specifications.

133.

Sign. A name, identification, image, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property.

134.

Sign Measurement. The area of a wall sign or other sign with only one face shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral section of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The cumulative area of all sign elements of a sign structure shall constitute the total square footage. Attachments on the sign structure shall be measured by using the smallest rectangle encompassing the sign. The cumulative total of individual sign faces or elements shall constitute the square footage of the sign structure.

135.

Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity that does not exceed 10 kw, and is installed to reduce the on-site energy consumption.

136.

Specific use. A use which may be suitable in certain locations in a zoning district if developed and operated under specific conditions and/or for a limited period of time.

137.

Steep slope. Areas that contain slopes over 15 percent grade and are characterized by increased runoff, erosion and sediment hazards.

138.

Storage building. Any building either portable or constructed on-site, utilized for storage purposes, and not requiring plumbing and electrical wiring, and not used for residential purposes.

139.

Story. The vertical distance between the floor and ceiling not to exceed fifteen (15) feet.

140.

Story, half. A story under a gable, hip, gambrel roof, the floor area of which does not exceed more than seventy-five (75) percent of the area of the floor immediately below the half story.

141.

Street. A public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, place, drive or however otherwise designated.

a.

Street, arterial. A thoroughfare designated as a freeway, expressway, major arterial or minor arterial in the most recently adopted City thoroughfare plan. The primary function of an arterial is to carry traffic through the City, and (an arterial) is designed for as high a speed as possible, to carry as much traffic as possible. Also known as a major thoroughfare.

b.

Street, collector. A street that primarily carries traffic from local or residential streets to major thoroughfares and highways, including the principal entrance streets for circulation to schools, parks and other community facilities within such a development, and also including all streets which carry traffic through or adjacent to commercial or industrial areas.

c.

Street, local or residential. A street that is used primarily for access to abutting residential property and circulation of traffic within residential neighborhoods. It is of a width and design to discourage through traffic, thereby protecting the residential area. A local street serves the same purpose in a commercial or industrial district.

d.

Street, frontage. A local street lying parallel to and adjoining a major street right-of-way, which provides access to abutting properties.

e.

Street, marginal access. A street which is parallel and adjacent to an arterial street and which primarily provides vehicular access to abutting properties and protection from through traffic.

f.

Street, private or service drive. A vehicular accessway under private ownership and maintenance that has not been dedicated to the City and accepted by the City.

g.

Cul-de-sac. A short public street having but one opening or access to another public street and which is terminated by a permanent vehicular turnaround.

h.

Dead-end. That portion of a public street that initially has only one opening or access to another public street, and which will be extended at a later date.

142.

Structure. That which is built or constructed, an edifice or building of any kind or any piece of work built up or composed of parts joined together in some definite manner.

143.

Structural alterations. Any change in supporting members of a building such as load-bearing walls, columns, girders, beams or the entire roof.

144.

Subdivider. Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent of such owner or equitable owner, of land to be subdivided.

145.

Subdivision. The division of any tract or parcel of land into two or more parcels or lots, and the assembly of parcels or lots into one parcel or lot for the purpose, whether immediate or future, of sale or building development, expressly excluding parcels or lots divided or combined for the production of agricultural products not to be produced within a building. "Subdivision" shall also mean resubdivision and any change of lot size or lot lines or the relocation of any street.

146.

Subdivision, cluster. A subdivision in which a portion of the land is set aside for one or more permanent usable open space tracts through reductions in lot sizes, as may be allowed by the provisions of the adopted ordinances of the City of Seguin.

147.

Surveyor. A licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying.

148.

Tattoo studio. A facility for the act or practice of marking the skin, with indelible patterns, pictures, legends or words, by making punctures in the skin and inserting pigments.

149.

Thoroughfare plan. Street plan which is part of the comprehensive plan of the City of Seguin.

150.

Townhouse or row house. One of a group of no less than three nor more than eight adjoining single-family dwelling units sharing a common wall with one or more of said adjoining dwelling units, each dwelling unit located on a separate lot.

151.

Trailer. See "Mobile home, Recreational vehicle or travel trailer."

152.

Trailer park. See "Manufactured home park."

153.

Used car lot. A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of automobile parts.

154.

Wastewater service. The collection of waste-bearing water that requires treatment prior to its return to nature and the system of pipes and equipment used to collect and transmit this water to treatment facilities; also called sanitary sewer service.

a.

Sewerage system, public. A system designed for the wastewater collection, treatment and disposal that is wholly owned and operated by the City of Seguin or any other legally incorporated town or City.

b.

Sewerage disposal system, individual private. Any system designed to provide onsite treatment and disposal of sewage flows from individual residences, duplexes, businesses or any other buildings. The system may be anaerobic, e.g., a septic transpiration bed, or other. The system must not require a permit from the Texas Department of Water Resources.

155.

Yard. An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise herein provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. The minimum size of the yard shall be determined by the location of the Building Setback Line.

156.

Winery. A business required to hold a winery permit under the Texas Alcohol Beverage Commission's Alcoholic Beverage Code Chapter 16. Such businesses may engage in activities outlined in Section 16.01 of the above-mentioned state code that include the manufacturing, bottling, labeling and packaging of wine that contains not more that 24 percent alcohol by volume; selling wine in this state or buying wine from permit holders authorized to purchase and sell wine. A business holding a state Winery Permit may also conduct wine samplings and tastings as regulated by Chapter 16 of the State Alcoholic Beverage Code. Such business must also comply with all local, state and federal regulations guiding the manufacturing, bottling and selling of wine and similar beverages. For wineries that open within the Downtown Historic District (DHD), businesses must include a tasting and/or retail component to their operations.

157.

Vape and CBD Shop. Any retail establishment that predominately sales electronic cigarettes, e-cigs, vapes, e-hookahs, vape pens, electronic nicotine delivery systems, products containing tetrahydrocannabinol (THC), and paraphernalia for the consumption of products containing THC.

(Ord. No. 2015-33, § 1, 6-16-15; Ord. No. 2015-44, § 2, 7-21-15; Ord. No. 2016-11, § 2, 1-19-16; Ord. No. 2016-25, § 3, 4-5-16; Ord. No. 2016-70, § 4, 11-1-16; Ord. No. 2017-19, § 3, 4-18-17; Ord. No. 2017-75, § 3, 12-19-17; Ord. No. 2018-048, pt. 2, 8-14-18; Ord. No. 2019-039, § 3, 7-16-19; Ord. No. 2019-054, § 8, 9-17-19; Ord. No. 2023-003, pt. 4, 1-17-23; Ord. No. 2023-035, § 3, 6-20-23; Ord. No. 2024-018, pt. 3, 4-16-24; Ord. No. 2024-061, pt. 8, 11-19-24; Ord. No. 2025-002, pt. 2, 1-21-25)