Vinton City Zoning Code

1. General.
   1. All provisions, terms, phrases, and expressions contained in this UDC will be construed in order to accomplish the purposes stated in Sec. 1.01.02, Purpose, of the UDC; and
   2. In case of any difference of meaning or implication between the text of this UDC and any illustration or figure, the text will control.
2. Computation of Time. The time within which an act is to be completed will be computed by excluding the first and including the last day.
   1. In the computation of time for public hearing notice, both the first day, the date of the advertisement, and the last day, the date of the hearing, will be excluded; and
   2. If the last day is a Saturday, Sunday or legal holiday declared by the Village, that day will be excluded.
   3. The following time-related words will have the meanings set out below:
      1. "Day" means a calendar day unless working day is expressly specified;
      2. "Week" means seven calendar days;
      3. "Month" means a calendar month; and
      4. "Year" means a calendar year, unless a fiscal year is specifically indicated. 
3. Word Usage. The rules  of  this UDC will be observed  and  applied  in the interpretation of this UDC as set out below:
   1. Unless the context clearly indicates otherwise, words used or defined in one tense or form shall include other tenses or forms;
   2. Unless the context clearly indicates otherwise, words in the singular number shall include the plural number, and words in the plural number shall include the singular number;
   3. The masculine  gender shall include the  feminine. The feminine  gender  shall include the masculine;
   4. The words "shall" and "will" are mandatory;
   5. The words "may" and "should" are permissive; and
   6. The  word  "person"  includes  individuals,  partnerships,  firms,  corporations,  associations, trusts, and any other similar entities or combination of individuals.
4. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:
   1. "And" indicates that all connected items, conditions, provisions or events shall apply; and
   2. "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.
5. Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
6. Statutory and United States Code References. References to the Texas Local Government Code (TLGC) or the United States Code (U.S.C.) shall be interpreted to mean the most current version of the referenced section at the time the reference is applied.

Effective on: 11/6/2015

1. Generally.
   1. It is the intent of the Village Council that all provisions of this UDC, and subsequent amendments, are severable in accordance with the provisions set out in this Section.
   2. If any Chapter, Subchapter, Section, subsection, paragraph, clause, provision, or portion of this UDC is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of the UDC will not be affected and will continue in full force and effect unless or until the Village Council acts to modify the UDC or part thereof.
   3. If the application of this UDC to a particular building, use, structure, improvement, land, or water is adjudicated as unconstitutional or invalid by a court of competent jurisdiction, such judgment will not be applicable to any other building, use, structure, improvement, land, or water not specifically included in said judgment.
2. Additional Severability Provisions Applicable to Subchapter 7.03, Signs.
   1. It is the intent of the Village Council to regulate signage in a manner that implements the purposes of Subchapter 7.03, Signs, as expressed therein. The Village finds that the purposes stated in Subchapter 7.03, Signs, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Subchapter 7.03, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests.
   2. If however, a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of comparable geometry and character that is more restrictive than the stricken provision in terms of sign area and sign height.

Effective on: 1/1/1901

Table Sec. 12.01.03, Acronyms, sets out acronyms used in this UDC. This list is authorized to be updated as often as necessary without action by the Village Council as a UDC amendment to include new acronyms.

Effective on: 2/7/2016

Access: An area designated as a way for vehicles to enter or leave a property or lot to a public or private street or alley.

Effective on: 1/1/1901

Access Easement: A private easement for vehicular access across one lot or parcel to another. Cross-access easements are an example.

Effective on: 1/1/1901

Accessory Use or Structure:  A use or structure incidental to, subordinate to, the principal use or structure.

Effective on: 11/6/2015

Addition: Any activity that expands the enclosed footprint or square footage of an existing structure.

Effective on: 11/6/2015

Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows, active processes of erosion, sediment transport, and deposition, and unpredictable flow paths.

Effective on: 11/6/2015

Apex: 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: 1/1/1901

Area of Shallow Flooding: An area designated AO, AH, AR/AO, AR/AH, or VO zone on a 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: 11/6/2015

Area of Special Flood Hazard: 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: 1/1/1901

As-Built Plans: A civil drawing, or set thereof, depicting the completed infrastructure improvements as they were installed on the lot.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Base Flood Elevation: Also known as BFE, is 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: 11/6/2015

Buffer: Open space, landscaping, fence, wall, earth berm, or any combination, used to physically and visually separate uses.

Effective on: 1/1/1901

Bufferyard: A designated strip of land upon which a buffer is installed.

Effective on: 1/1/1901

Building: Any structure built for the support, shelter and enclosure of persons, animals, or movable property.

Effective on: 1/1/1901

Building Footprint: The area on a lot that encompasses all development, including but not limited to, excavation, fill, grading, structures, building height, decks, roof overhangs, porches, driveways, access ways and parking.

Effective on: 1/1/1901

Building Height:  The vertical distance measured from the average finished grade elevation to the highest roof peak.

Effective on: 11/6/2015

Building Official: The official responsible for issuing permits and enforcing all construction codes.

Effective on: 11/6/2015

Building Permit:  A permit issued by the Building Official that allows for the improvement of land.

Effective on: 11/6/2015

Building Setback:  An imaginary line extending across the full width or side of a lot, parallel with the street right-of-way line or the property lines, inside which structures shall not be constructed.

Effective on: 11/6/2015

Build To Setback:  An imaginary line where buildings are required to be constructed in close proximity to a right-of-way to create development character.

Effective on: 1/1/1901

Bulletin Board: A cabinet structure that houses a display board where bulletins and posters are secured.

Effective on: 1/1/1901

Commissioners: The Board of County Commissioners of El Paso County, Texas when used in the context of the Village ETJ and the Vinton Planning and Zoning Commission in all other contexts.

Effective on: 11/6/2015

Common Open Space:  A parcel of land designated for the private use residents, occupants and owners of within a development.

Effective on: 11/6/2015

Compatible: Consistent with, harmonious with, similar to and/or enhancing the mixture of uses, or complimentary in architectural style or design with an individual structure or group of surrounding uses or buildings.

Effective on: 11/6/2015

Comprehensive Plan: The Comprehensive Plan of the Village of Vinton, including all amendments.

Effective on: 11/6/2015

Connector: A party seeking to connect to the Village infrastructure who would benefit from infrastructure constructed by an initial developer eligible for fair share reimbursement.

Effective on: 11/6/2015

Council:  The Vinton Village Council.

Effective on: 11/6/2015

County:  El Paso County.

Effective on: 1/1/1901

Coverage Ratio: The footprint of all buildings on a parcel or lot as a percentage of the total area of the parcel or lot.

Effective on: 1/1/1901

Cutoff: The point where all light rays emitted by a light source are eliminated relative to a specific angle above the ground.

Effective on: 1/1/1901

Cutoff Angle: The maximum angle formed by a line drawn in the direction of emitted light at a light source and the grade of the ground on which the light source is mounted.

Effective on: 1/1/1901

Density: The maximum number of dwelling units per gross acre of land permitted in a zone district.

Effective on: 11/6/2015

Developer: Any public or private person, partnership, association or agency that prepares raw land for development.

Effective on: 11/6/2015

Development: The physical extension or construction of urban land uses and infrastructure.

Effective on: 11/6/2015

Development Administrator: A duly-authorized representative, or representatives, of the Village designated by the Village Administrator designated to administer the UDC.

Effective on: 1/1/1901

Dumpster: A large trash receptacle designed to be hoisted and emptied into a truck.

Effective on: 1/1/1901

Easement: A portion of a lot subject to an agreement between owner and another party to grant the other party the right to make limited use of a specific portion of the property, for a specified purpose.

Effective on: 1/1/1901

Elevated Building: 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: 11/6/2015

Encroachment: The authorized or unauthorized placement of a building or part of a building upon the land or easement of another or a public right-of-way, easement, or building setback.

Effective on: 11/6/2015

Existing Manufactured Home Park or Subdivision: Is a term used in the administration of flood hazard regulations to designate 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,  that was created or is completed before the effective date of the floodplain management regulations adopted by Vinton.

Effective on: 11/6/2015

Existing Structure: Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date.

Effective on: 1/1/1901

Expansion to an Existing Manufactured Home Park or Subdivision: Is a term used in the administration of flood hazard regulations to designate the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets or access ways, and either final site grading or the pouring of concrete pads.

Effective on: 11/6/2015

Extraterritorial Jurisdiction (ETJ): An unincorporated area contiguous to the corporate Village boundary where the Village has limited regulatory controls.

Effective on: 1/1/1901

Family:  Two or more persons related by blood or marriage, or who share a legally recognized relationship, or not more than four unrelated persons, occupying the same dwelling unit.

Effective on: 11/6/2015

Fill: A deposit of materials of any kind placed by artificial means.

Effective on: 1/1/1901

Finished Grade: The elevation of the ground surface, following development, prior to placement of any fill material.

Effective on: 11/6/2015

Floatable Materials: 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: 1/1/1901

Flood / Flooding: A general and temporary condition of partial or complete inundation of normally dry lands areas from the overflow of waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source.

Effective on: 11/6/2015

Flood Elevation Study: 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: 1/1/1901

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

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM): 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: 11/6/2015

Flood Insurance Study: See the definition for "flood elevation study."

Effective on: 11/6/2015

Flood, 100-year: A flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (one-percent-annual-chance flood). The terms "one hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood", but does not imply that a flood occur once every 100 years.

Effective on: 11/6/2015

Floodplain / Flood-Prone Area: Any and area susceptible to being inundated by water from any source. See also the definition of "flood or flooding."

Effective on: 11/6/2015

Floodplain Administrator:  The official designated by the Village Administrator to administer and enforce the floodplain management regulations.

Effective on: 11/6/2015

Floodplain Development Permit: A permit required before construction or development begins within any special flood hazard area (SFHA). If FEMA has not defined the SFHA within Vinton, Texas, will require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the National Flood Insurance Program (NFIP) and the floodplain management requirements of the UDC.

Effective on: 11/6/2015

Floodplain Management: 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: 11/6/2015

Floodplain Management Regulations: Refers to zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances and other applications of police power. The term describes such regulations, used in any combination for the purpose of flood damage prevention and reduction.

Effective on: 11/6/2015

Floodproofing / Floodproofed: 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: 1/1/1901

Floodway: Also referred to as "Regulatory Floodway", the floodway is 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: 11/6/2015

Floor Area: The total square foot floor space inside the dimensions of a building, including each floor level, but excluding cellars, carports or garages.

Effective on: 11/6/2015

Floor Area Ratio ("FAR"): A measure of the intensity of development of a lot or parcel.

Effective on: 1/1/1901

Foot-Candle: A unit of illumination produced on a surface in which all points are one foot from a uniform source of one-candle.

Effective on: 1/1/1901

Fugitive Particulate Matter: Any solid particulate matter that becomes airborne directly or indirectly as a result of the activities of any person. 

Effective on: 1/1/1901

Full Cutoff-Type Luminaire: An IESNA classification that describes a luminaire having a light distribution in which zero candela intensity occurs at or above an angle of 90° above nadir. The candela per 1000 lamp lumens does not exceed 100, or 10 percent, at or above a vertical angle of 80° above nadir, applicable to all lateral angles around the luminaire.   

Effective on: 1/1/1901

Functionally Dependent Use: A use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

Effective on: 1/1/1901

Glare: Direct light emitted from a light source which causes eye discomfort.

Effective on: 1/1/1901

Gross Floor Area (GFA): The sum of the total horizontal area of the floor of a building.

Effective on: 1/1/1901

Heavy Industry: Any use classified as a "high hazard" occupancy, including primary processing or manufacturing, the transformation of raw materials to finished products or part, outdoor storage and stockpile areas larger than the area of the first floor of building, a material risk of environmental contamination, explosion, fire, perceptible ground vibration, excessive noise or dust, or the emission of objectionable odors.

Effective on: 1/1/1901

Height: The vertical distance as measured from the finished floor elevation (FFE) to the highest peak of the roof.

Effective on: 11/6/2015

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

Effective on: 11/6/2015

Improved Hard Surface: Any street, driveway, alley, or parking lot surface paved with asphalt, concrete, brick pavers, or other approved uniform, hard material that creates a durable, dust-free, and all-weather surface.

Effective on: 1/1/1901

Initial Developer: The party constructing or contracting for construction of infrastructure required by the Village to provide service to a development.

Effective on: 11/6/2015

Integrated: To combine things into a form so that they appear to become a whole. Where used architecturally, integrated requires building design or screening elements to create a unified building design. When used in conjunction with site development, integrated includes parking, traffic circulation, landscaping, and other site elements to functions as a whole.

Effective on: 2/7/2016

Land Disturbing Activity: Clearing, grading, excavating, filling, dumping, grubbing, stripping, or other alteration of the surface of land.

Effective on: 1/1/1901

Landscape Surface Ratio (LSR): The ratio of landscaped surface to gross area of a development.

Effective on: 1/1/1901

Landscaping: Trees, shrubs, ground cover, vines, ponds, decorative gravel, and other organic and inorganic materials to create an attractive appearance.

Effective on: 11/6/2015

Light Industry: Refers to uses that may involve research and development, scientific testing or laboratories, business parks, light assembly, compounding, packaging, or treatment of products from prepared materials, with limited outside storage and and limited external impacts or risks. Light industrial uses may include assembly or refurbishing of products, instruments, electronics, and fixtures; food production and packaging, excluding meat and meat products, manufacture of textiles or apparel, assembly or disassembly of consumer electronics or appliances or components where all operations are conducted indoors.

Effective on: 1/1/1901

Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

Effective on: 1/1/1901

Lot: An undivided tract or parcel of land under one ownership with frontage on a public street.

Effective on: 11/6/2015

Lot Coverage: The percentage of a lot covered by a roof, including roof eaves.

Effective on: 11/6/2015

Lot Lines: Refers to the property lines that bound each lot or parcel to a defined legal space.

Effective on: 11/6/2015

Lot of Record: A lot that is part of a subdivision recorded in the office of the County Recorder of El Paso County, or a parcel of land with a deed recorded in the office of the County Recorder of El Paso County, each prior to September 1, 1989. 

Effective on: 11/6/2015

Lowest Floor:: 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: 11/6/2015

Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Effective on: 1/1/1901

Lux: A unit of illuminance and luminous emittance , measuring luminous flux per unit area (a measure of light that falls upon or passes through an object). It is equal to the one lumen per square meter.

Effective on: 1/1/1901

Manufactured Home:  Also known as a "HUD-code Manufactured Home", is structure constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, is 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 in area; and includes the plumbing, heating, air conditioning, and electrical systems of the home; and does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

Effective on: 1/1/1901

Manufactured Home Park or Subdivision, New: A term used in the administration of the Flood Hazard regulations designating a new manufactured home park or subdivision for which the construction of facilities, including at a minimum, the installation of utilities, streets, driveways, site grading, and pad construction, is completed on or after the effective date of the floodplain management regulations.

Effective on: 11/6/2015

Mayor: The Chairperson of the Village Council

Effective on: 11/6/2015

Maximum Gross Density: Sets out the maximum number of dwellings per acre in each district.

Effective on: 1/1/1901

Mean Sea Level: For purposes of the National Flood Insurance Program, 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 are referenced.

Effective on: 11/6/2015

Minimum Lot Area: Sets out the minimum lot area.

Effective on: 1/1/1901

Minimum Open Space Ratio: Sets out the minimum amount of open space required, which includes land used for recreation, buffers, and drainage.

Effective on: 1/1/1901

Mobile Home: A structure constructed before June 15, 1976, built on a permanent chassis, designed for use as a dwelling, with, or without, a permanent foundation when the unit is connected to utilities, and is transportable in one or more sections. The unit is at least eight feet in wide, 40 body feet in length, and has at least 320 square feet in area.  

Effective on: 1/1/1901

Nonconformity: A use of land, a building, a structure, or a lot that lawfully existed at the time this UDC, or a subsequent amendment, became effective, which no longer conforms to the UDC.

Effective on: 1/1/1901

Nonconforming Building or Structure: A building or structure that was lawfully constructed prior to the effective date of this Code that does not fully comply with the standards of this UDC or any subsequent amendments.

Effective on: 1/1/1901

Nonconforming Landscaping or Buffering: Any required landscaping or buffering area which was legally established prior to the adoption of this Code that does not fully comply with the standards of this UDC or any subsequent amendments.

Effective on: 1/1/1901

Nonconforming Lots. Lots that were lawfully created by plat or deed division before the effective date of this UDC, or amendments hereto, which do not comply with current UDC requirements.​

Effective on: 1/1/1901

Nonconforming Sign: Any sign, legally established prior to the effective date of this UDO or any subsequent amendment, which does not fully comply with the standards of this UDO.

Effective on: 1/1/1901

Nonconforming Use: A use of land that was lawfully established on a parcel or lot before the effective date of this UDC, or any subsequent amendment, which are not allowed under the current UDC.

Effective on: 1/1/1901

Obstruction: 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: 1/1/1901

Opaque: Not able to seen through on a year round basis.

Effective on: 1/1/1901

Open Space: Area included in any required building setback on a lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, and plant material, or an area designated as open space for recreation, public use, or as an amenity.

Effective on: 11/6/2015

Open Space Ratio: The proportion of a development required to be set aside and preserved as open space is the open space ratio (OSR).

Effective on: 1/1/1901

Outdoor Storage: The keeping of business property or inventory outside of a building for an extended period of time.  Items may include goods that are stored, sold, or displayed because of their size, mass, volume, or that are not easily stored indoors.

Effective on: 1/1/1901

Out-Parcel (Out Lot):  A building lot that is subdivided from a "parent" parcel that functions as an integrated development with shared access, driveways, signs, landscaping, and parking.

Effective on: 2/7/2016

Parcel: Any quantity of land for which location and boundaries are established as a unit.

Effective on: 11/6/2015

Park: Publicly owned land used for active or passive recreational purposes.

Effective on: 2/7/2016

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

Effective on: 1/1/1901

Permit: One or more documents issued by the Village to allowing a person to begin an activity allowed in this UDC or other codes, and ordinances.

Effective on: 1/1/1901

Person: An individual, proprietorship, trust, partnership, corporation, association, or other legal entity.

Effective on: 11/6/2015

Place of Public Assembly: A building in which people assemble for civic, educational, religious, or cultural purposes. This use includes facilities used for community events, fraternal organizations, and places of worship.

Effective on: 1/1/1901

Planned Neighborhood: A subdivision that includes a minimum of two housing types that may be clustered around open space, avoid floodplains, preserve natural features, provide recreation, and degree of required utility improvements.

Effective on: 2/7/2016

Planning and Zoning Commission: An advisory board created by the Village Council to administer this UDC.

Effective on: 11/6/2015

Plat, Final: A final map of a subdivision showing an accurate survey by a registered surveyor, to be recorded.

Effective on: 11/6/2015

Plat, Preliminary: The plat of any lot, tract or parcel of land drawn and submitted in accordance with the requirements of the UDC.

Effective on: 11/6/2015

Porte-cochere:  A covered porch where vehicles stop to drop-off passengers, and to pull through to the parking aisle.           

Effective on: 2/7/2016

Principal Parcel: The principal parcel is the larger, original tract from which smaller tracts, or out-lots are subdivided from, where the primary use is located.

Effective on: 2/7/2016

Projected Traffic Volumes: The number of vehicles that are calculated to be present after a project is completed within a study area.

Effective on: 1/1/1901

Property: All real property subject to land use regulation by the Village.

Effective on: 1/1/1901

Public Right-of-Way: Any land unobstructed from the ground to the sky dedicated to the general public.

Effective on: 11/6/2015

Public Utility: Utilities that supply gas, electricity, transportation, water, sewer, or communication services to the general public. For the purpose of this UDC, commercial wireless telecommunication service are defined separately.

Effective on: 11/6/2015

Refuse Container: A collection facility for the storage of garbage, rubbish, paper, and similar materials. Dumpsters and trash compactors are examples.

Effective on: 1/1/1901

Retaining Wall: A structure or structures designed to restrain soil to natural or unnatural slopes.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Setback: Open space at grade between a structure and the property line of the lot on which the structure is located, or in some cases a line that specifies where a building must be located (see "Build To Setback" definition).

Effective on: 11/6/2015

Sediment Pollution: Infers the 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.

Effective on: 1/1/1901

Septic Tank (OSSF): A multiple compartment, watertight receptacle, referred to as an on-site sanitary facility, which is designed and constructed to permit settling of solids from the sewage, digestion of the organic matter, and discharge of the liquid portion into a disposal area.

Effective on: 1/1/1901

Sign: Any object or device or part thereof situated outdoors or indoors which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means. Signs do not include the following: official flags of governments, fraternal, religious or civic organizations; window displays of merchandise, pictures or models of products or services, except as may be prohibited by the State of Texas for specific displays; time and temperature devices; murals or works of art which in no way identify a product; and scoreboards located on athletic fields.

Effective on: 11/6/2015

Sign, Abandoned: A sign that does not contain a message, or contains a commercial or an event-based message (i.e., business being advertised ceased operations or an advertisement for an event has already occurred) for a continuous period of sixty days.

Effective on: 1/1/1901

Sign, Advertising Device: Any outdoor sign, display, device, vehicle, equipment, figure, painting, drawing, message, placard, poster, billboard, or any other device designed, intended, or used to advertise or give information in the nature of advertising, and having the capacity of being visible from the traveled portion of any road or right-of-way.

Effective on: 1/1/1901

Sign, Animated: A sign which uses movement or change of light to depict action or to create a special effect or scene.

Effective on: 1/1/1901

Sign, Attached: Any sign supported by uprights, braces, or other devices, or painted on, or otherwise attached to any building. Attached signs include individual letter and channel signs.

Effective on: 1/1/1901

Sign, Awning or Canopy: A sign painted on, printed on, or attached flat against the surface of an awning or canopy projecting from and supported by the exterior wall of a building.

Effective on: 1/1/1901

Sign, Banner: A type of temporary sign that is made or composed of a flexible piece of fabric, plastic, canvass, vinyl, paper, or another non-rigid material that does not include any enclosing framework and which is commonly mounted to a building, structure, fence, railing, or wall with rope, or mounted to the ground with stakes.

Effective on: 1/1/1901

Sign, Changeable Copy: A sign on which copy is changed manually in the field, such as a reader board with changeable letters or changeable pictorial panels.

Effective on: 1/1/1901

Sign, Clearance: The least vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Effective on: 1/1/1901

Sign, Copy: The wording, logos, or images on a sign surface in either permanent or removable letter form.

Effective on: 1/1/1901

Sign, Damaged or Dilapidated: A sign where elements of the sign face or structure are visibly cracked, corroded, bent, broken, torn, or dented, or where the message can no longer be read under normal viewing conditions.

Effective on: 1/1/1901

Sign, Detached: A sign permanently anchored to the ground, which stands alone on its own foundation and structural supports, and is detached from any supporting elements of a building.

Effective on: 1/1/1901

Sign, Double-Faced: Any sign with copy on two faces that are back to back, facing in opposite directions.

Effective on: 1/1/1901

Sign, Externally Illuminated: Any sign that is illuminated by any method external to the sign structure that is illuminated.

Effective on: 1/1/1901

Sign, Flag: 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 messages or to identify a person, place, business, idea, or a duly adopted flag or seals of nations, states, counties, or municipalities.

Effective on: 1/1/1901

Sign, Flashing: Any directly or indirectly illuminated sign which contains an intermittent flashing light source. This does not include message center or time/temperature signs.

Effective on: 1/1/1901

Sign, Ground Sign: A sign that may be permanently, or temporarily, anchored to the ground, as a permanent sign alone on its own foundation or structural supports, or temporarily mounted or staked into the ground, detached from any supporting elements of a building.

Effective on: 1/1/1901

Sign, Illuminated: Any sign with an artificial light source incorporated internally or externally, directly or indirectly, for the purpose of illuminating the sign.

Effective on: 1/1/1901

Sign, Internally Illuminated: Any sign that is illuminated from a lighting source internal to the sign structure.

Effective on: 1/1/1901

Sign, Mural: A graphic that is displayed on the exterior of a building, generally for the purpose of decoration or artistic expressions, which depicts a scene or event of natural, social, cultural, or historic significance.

Effective on: 1/1/1901

Sign, Nonconforming is:

• A sign legally erected that does not comply with current sign regulations; or
• A sign which does not conform to the sign regulations but for which a variance was issued.

Effective on: 1/1/1901

Sign, Off-Premise Advertising: Any sign or advertising device which directs attention to a business, profession, product, service, activity or entertainment that is not conducted, sold, or offered on the premises upon which the sign is located. An off-premises advertising sign includes "billboards."

Effective on: 1/1/1901

Sign, Permanent Detached: A sign permanently anchored to the ground, which stands alone on its own foundation and structural supports, and is permanently fixed on a foundation or pedestal detached from any supporting elements of a building.

Effective on: 1/1/1901

Sign, Pennant, Banners, and Posters: A sign temporary sign installed to promote a special civic event and removed upon the conclusion of the special event.

Effective on: 1/1/1901

Sign, Portable: Any sign or advertising device that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure or item. By its construction or nature, a portable sign may be or is intended to be freely moved from one location to another.

Effective on: 1/1/1901

Sign, Primary: A sign that provides the primary means of identifying a use, business, or development; which typically stand alone on their own foundation and structural supports, and are detached from any supporting elements of a building.

Effective on: 1/1/1901

Sign, Projecting: Any sign that is attached to and projects more than twelve inches perpendicular to a building wall or other structure that is not specifically designed to support the sign.

Effective on: 1/1/1901

Sign, Secondary: A sign permanently anchored to the ground, which stands alone on its own foundation and structural supports, detached from any supporting elements of a building and play a secondary role in the identification of the use, tenant, or development.

Effective on: 1/1/1901

Sign, Temporary: Any sign, banner, pennant, valance, or advertising device or display constructed of cloth, fabric, plastic, canvas, vinyl, cardboard, wallboard, plywood, paper, or other rigid or non-rigid materials, with or without frames, intended to be displayed for a limited period of time. Temporary signs are not permanently affixed to sign structures, structures or buildings. Common temporary signs include those for garage sales, rummage sales, open houses, etc. by a non-profit organization or a for-profit business that is staffed only by volunteers and for which there are no sales or exchange of money or in-kind services is a non-commercial activity or event.

Effective on: 1/1/1901

Sign, Temporary Attached: A sign temporarily attached to a building for a short duration and removed.

Effective on: 1/1/1901

Sign, Temporary Ground Sign: A sign that is intended to be placed for a short duration of time and removed from that location.

Effective on: 1/1/1901

Sign, Wall is any sign that is:

• Painted onto a building wall;
• Applied to a building wall such that no part of the sign extends more than three inches from the wall plane;
• Attached to a building window; or
• Is printed, painted, sewn, or otherwise applied to the surface of an awning or canopy used to shelter a window, door, or patio area.

Effective on: 1/1/1901

Sign, Window: Any on premise business sign installed in or on a window and intended to be viewed from the outside.

Effective on: 1/1/1901

Site Plan is method to show proposed development improvements. It may be required as part of an application for a rezoning, special use permit, or variance, but is always required in some form to determine compliance with the requirements of this UDC.

Effective on: 1/1/1901

Solar Array: An electrical device consisting of an array of connected solar cells.

Effective on: 1/1/1901

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

Effective on: 11/6/2015

Standard Neighborhood: A subdivision with a conventional street and lot layout and a single housing type.

Effective on: 2/7/2016

Start of Construction: Denotes the first substantial improvements to commence construction, repair, reconstruction, rehabilitation, an addition, placement, or other improvement. The actual start is generally the first placement of permanent improvements on a structure or site, such as the pouring of slab or footings or any other work beyond the stage of excavation or clearing.

Effective on: 11/6/2015

Street: A public way, other than an alley or driveway, which affords the principal means of access to abutting property.

Effective on: 11/6/2015

Street Width: The dimension of the shortest distance between the lines that delineate the right-of-way of a street.

Effective on: 11/6/2015

Subdivider: Any owner or developer or land, or agent thereof, proposing to divide land to create a subdivision.

Effective on: 1/1/1901

Subdivision: Any division, or combination, of land into lots, tracts, reserves for sale, development and other purposes.

Effective on: 11/6/2015

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure just prior to when the damage occurred.

Effective on: 11/6/2015

Substantial Improvement: 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.

Effective on: 11/6/2015

Temporary Use:  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: 1/1/1901

Usable Floor Area: All of the floor area in a building or buildings including hallways, excluding areas devoted to structural or partition walls, stair wells, elevator shafts, storage, boiler rooms, closets, and mechanical service rooms.

Effective on: 2/7/2016

Variance, UDC (Non-Zoning): A grant of relief to a person from a "Non-Zoning Related" requirement of the UDC when strict enforcement would result in unnecessary hardship.

Effective on: 11/6/2015

Variance, Zoning: A grant of relief to a person from a "Zoning Related" requirement of the UDC, when strict enforcement would result in unnecessary hardship.

Effective on: 1/1/1901

Village: The Village of Vinton, Texas.

Effective on: 1/1/1901

Village Council:  The governing and legislative body of the Village of Vinton.

Effective on: 1/1/1901

Village Administrator:  The Chief Administrative officer of the Village of Vinton, as designated by the Village Council.

Effective on: 1/1/1901

Violation:  The failure of a structure or other development to be fully compliant with a specific regulation(s).

Effective on: 11/6/2015

Waterbody: 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: 1/1/1901

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

Effective on: 1/1/1901

Water Surface Elevation: Refers to 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: 1/1/1901

Water Surface Elevation: 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 or riverine areas.

Effective on: 11/6/2015

Wetlands: Areas which are saturated or inundated 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 soils conditions. These areas can be man-made or natural and, in addition to the vegetation types, the soils must be hydric, organic or mineral, and be saturated for five percent or more of the growing season within 12 inches of the ground.

Effective on: 11/6/2015

Zoning Map: The certified Official Zoning Map upon which the boundaries of the various zoning districts are drawn.

Effective on: 2/7/2016