24-S-04 Amend Part III Schertz Code of Ordinances, UDC Art. 16-DefinitionsORDINANCE NO.24-S-04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 16 - DEFINITIONS
WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the "City") adopted
and Amended and Restated Unified Development Code on April 13, 2010, as further amended (the
"Current UDC"); and
WHEREAS, City Staff has reviewed the Current UDC and have recommended certain
revision and updates to, and reorganization of, the Current UDC;
WHEREAS, on February 7, 2024, the Planning and Zoning Commission conducted public
hearings and, thereafter recommended approval; and
WHEREAS, on March 5, 2024, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission, determined
that the proposed amendments are appropriate and in the interest of the public safety, health, and
welfare.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the
City hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government
Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED ON FIRST READING, the �� day of L ' Lffff�2d24.
A5 ED, APPROVED and ADOPTED .ON SECOND READING, the 1�4ay of
� 02 .
ATT
Sheila Edmondson, City Secretary
Exhibit "A"
Proposed Unified Development Code (UDC) Amendments
Article 16 —Definitions
- SCHERTZ UNIFIED DEVELOPMENT CODE
ARTICLE 16. DEFINITIONS
ARTICLE 16. DEFINITIONS
For the purposes of this UDC, the following terms, phrases, words and their derivations shall have the
meaning given in this section. When not inconsistent with the context, words used in the present tense include the
future; words used in the singular number include the plural number; and words in the plural number include the
singular number. The words "shall" and "will" are always mandatory, while the word "may" is merely discretionary.
Any term not expressly defined in this Article shall be defined by a common planning definition from the
American Planning Association's, A Planners Dictionary. The City Manager, upon the recommendation of the City
Manager or his/her designee, shall determine the appropriateness of a definition.
"A" Frame Sign: A temporary sign constructed in such a manner as to form an "A" or a tent -like shape, hinged
or not hinged at the top with each angular face held at an appropriate distance so as to be adequately secured by a
supporting member. These signs may also be referred to as sandwich board signs.
Abandoned or Obsolete Sign: A sign that no longer serves to direct attention to an event, person, product,
good, service, or activity, which is no longer conducted.
Accessory Buildings, Uses or Structures: One which:
a. is subordinate to and serves a principal structure, building or use;
b. is subordinate in area, extent or purpose to the principal structure building or use served;
C. contributes to the comfort, convenience and necessity of occupants of the principal structure, building
or use served;
d. is located on the same building lot as the principal structure, building or use served; or
e. may be part of the principal building.
Accessory Dwelling Unit: A residential dwelling unit, but not a mobile home, located on the same lot as a
single-family dwelling unit, either within the same building as the single family dwelling unit or in a detached unit
or in a detached building.
Adult Media: Books, magazines, and other periodicals, or photographs, drawings, slides, films, and novelty
items which are distinguished or relating to specified sexual activities or specified anatomical areas.
Advertising: To convey information, to seek the attraction of or to direct the attention of the public to any
location, event, person, product, good, service, activity, institution or business.
Advertising Vehicle: Any vehicle which has as its primary purpose the advertisement of an event, person,
product, good, service, activity, institution or business, whether located on -premises or off -premises.
Agriculture: The use of land for the production and primary processing of food and fibers for sale, including
cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal and poultry husbandry, and
such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory
facilities shall be clearly secondary to normal agricultural activities. Agriculture includes, but is not limited to, the
related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited
to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs,
horses, and poultry and handling their by-products.
Airport, Heliport or Landing Field: A place where aircraft and/or helicopters can land and take off, usually
equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.
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ARTICLE 16. DEFINITIONS
Alcohol Package Sales: An establishment engaged in the selling of alcoholic beverages to the general public
for off -site personal or household consumption.
Alley: A means of vehicular access to abutting property and which is used primarily for vehicular traffic to the
rear or side of properties which otherwise abut on a street..
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.
Alternative Tower Structure: Clock towers, steeples, light poles and similar alternative -design mounting
structures that camouflage or conceal the presence of antennas or towers. See also the definition of "stealth
facility".
Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur radio station
license from the Federal Communications Commission.
Annexation: The act of incorporating an area into the domain of the City.
Antenna: A device used in communications, which transmits or receives radio signals, television signals,
digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or
other communication signals.
Antenna and/or Antenna Support Structure, commercial: An antenna and its support structure used for commercial
broadcasting or telecommunication purposes and the transmission, retransmission, and/or reception of
electromagnetic radio, television, or microwave signals. All radiating equipment must comply with Federal
Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety
Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines
for human safety, as they exist or may be amended. The antenna may be a tower, mast, pole, tripod or box frame.
Preferably the antenna may be in stealth form designed to be non -obtrusive, or virtually transparent or invisible to
the surrounding neighborhood. Stealth antennas include, but are not limited to:
a. antennas within a building's attic space;
b. on the roof of a minimum three story building and not visible from the property line of the lot in which
the antenna is located;
C. a public utility structure, such as a water tower or high transmission support tower;
d. a flagpole;
e. a church steeple;
f. a clock tower; or
g. an athletic field light pole.
Antenna, Building Attached: An antenna attached to an existing structure in two (2) general forms: (1) roof -
mounted, in which antennas are placed on the roofs of buildings, or (2) building -mounted, in which antennas are
placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks,
billboards, church steeples, electrical transmission towers, etc.
Antenna Facility: The mast, pole, structure, tower, building, equipment and other supporting material used
to mount the antenna and equipment, equipment storage buildings and equipment concealing or screening
structures needed to operate an antenna.
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ARTICLE 16. DEFINITIONS
Antique Shop: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an
earlier period, with all sales and storage occurring inside a building.
Apartment: A dwelling unit in an apartment building.
Apartment Building: A building or portion thereof housing three (3) or more dwelling units.
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.
Appliance, Furniture and Home Furnishings Store: Retail establishments selling goods used for furnishing the
home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other
household electrical and gas appliances.
Approved Plat: The plat of a subdivision which has been approved in accordance with the requirements of
this UDC and which has been filed for record with the county clerk in which the land lies.
Area of Shallow Flooding: A designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for the
City and its ETJ with a one percent (1%) or greater chance of flooding in any given year to an average depth of one
(1) to three (3) feet where a clearly defined channel does not exit, where path of flooding is unpredictable and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard: The land in the floodplain within the City and its ETJ subject to a one percent
(1%) or greater chance of flooding in any given year. The area may be designated as Zone A or AE on the FIRM.
Art Gallery/Library/Museum: A building serving as a repository for a collection of natural, scientific, artistic,
or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which
may include as an accessory use the sale of goods.
Assisted Care or Living Facility: A facility which provides residence and care to ten (10) or more persons regardless
of legal relationship who are:
a. elderly;
b. disabled;
C. orphaned;
d. abandoned;
e. abused, or neglected children;
f. victims of domestic violence;
g. convalescing from illness;
terminally ill; or
temporarily homeless due to fire, natural disaster, or financial setback together with supervisory
personnel.
This definition shall also include a facility providing health care or rehabilitative services over a long period of
time to persons chronically ill, aged, or disabled due to injury or disease.
Automobile Parking Structure/Garage: An area or structure where the parking of motor vehicles serves as
the primary use of the lot whether or not a fee is charged. This use does not include the storage of gasoline.
Automobile Parts Sales: The use of any building for the display and sale of new or used parts, including tires.
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ARTICLE 16. DEFINITIONS
Automobile Repair, Major: General repairs or reconditioning of engines, air-conditioning systems, and
transmissions for motor vehicles; wrecker or towing service with on -site storage of vehicles; collision services
including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire
retreading; muffler services; upholstery shop; insurance estimations with on -site storage; undercoating and rust
proofing, and other similar uses.
Automobile Repair, Minor: An establishment used for the dispensing or sales of automobile fuels, lubricants,
and automobile accessories; the minor repair or replacement of parts and performing State inspections and
making minor repairs necessary to pass said inspection; automobile detailing; window tinting; and the sales and
installation of automobile radios. Uses listed under "Automobile Repair, Major" or any other similar uses are not
included.
Automobile Sales New or Used: Sales, rental, and/or lease of new or used automobiles or light load vehicles,
including as an accessory use: Automobile Repair, Major.
Balloon Sign: One or more inflatable devices filled with lighter -than -air gas used as a temporary sign for the
purpose of directing attention to any location, event, person, product, good, service, activity, institution or
business.
Bakery: A retail establishment for preparing, cooking, baking, and selling products on the premises.
Bandit Sign: Any temporary ground sign announcing a subdivision, new development or builder.
Bank, Saving and Loan, Credit Union: An establishment for the custody, loan, exchange or issue of money,
the extension of credit, and/or facilitating the transmission of funds, including automated teller machines.
Banner Sign: A temporary sign constructed of a natural or man-made flexible material including, but not
limited to, cloth, canvas, vinyl, or fabric which can be easily folded or rolled that is mounted with or without an
enclosing framework that is attached or tethered to the building or structures.
Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Basement. A story (or portion of a story) wholly or partly below curb level with at least one-half of its height
(measured from floor to ceiling) below the curb level. The curb level nearest to a story (or portion of a story) shall
be used to determine whether such story (or portion of a story) is a basement.
Beauty Salon/Barber Shop: An establishment primarily engaged in providing services generally involved in
the care of the person or his/her appearance including, but not limited to, barber and beauty shops, nail and
pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons.
Bed and Breakfast Inn: An owner (or operator) occupied residence with up to five (5) bedrooms available for
overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 14 consecutive days; however, it shall
not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only;
however, no food preparation shall be permitted in guest bedrooms. A Bed and Breakfast Inn shall not include
restaurants, banquet facilities, or similar services.
Billboard: Any sign erected and used for, or designed to be used for, the display of advertising material for
the purpose of advertising a location, event, person, product, good, service, activity, institution or business not
located on the same premises as the billboard. Mobile advertising and hand -carried signs shall not be considered
as billboards.
Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate
boundaries of the City.
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ARTICLE 16. DEFINITIONS
Board of Adjustment (BOA): The Board established by City Council under the City Charter the Texas Local
Government Code that reviews and acts upon requests for variances or appeals and whose duties and
responsibilities are specifically provided for in section 21.3.4 of this UDC.
Book Store: A retail establishment that, as a primary business, engages in the sale, rental, or other charge -
for -use books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, or any other
printed or electronically conveyed information or media, excluding any adult media.
Bottling Works: A manufacturing facility designed to place a beverage into a bottle or can for distribution.
Boundary Street: A public street which is adjacent to and abutting one (1) or more sides of the proposed site.
Buffer Zone: A strip of land created to separate and protect one type of land use from another.
Building: Any structure which:
is permanently affixed to the land;
b. has one or more floors and a roof; and
C. is bounded by either open area or lot lines.
A building shall not include such structures as billboards, fences or radio towers, or structures with interior
surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or
similar structures.
Building Area: The total square footage on a lot covered by a building measured on a horizontal plane at
mean grade level.
Building, Detached: A building which is surrounded by yards or open space on its own building lot.
Building Envelope: The net cubic space that remains for placing a structure on a site after building line,
setback, side yard, height and bulk regulations are observed.
Building Height: The vertical distance between the average natural grade of the ground under the footprint
of a building and the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean
height level between the eaves and ridge for a gable, hip or gambrel roof. A chimney, cupola or dormer (four feet
or less in height), flagpole or residential television antenna shall be exempt from the above requirements.
Building Materials And Hardware Store: An establishment for the sale of materials customarily used in the
construction of buildings and other structures.
Building Mounted Sign: A sign attached to, or supported by any part of the building that encloses or covers
usable space and is related to the business within, including but not limited to wall signs, signage on awnings,
canopies, or marquees, and projecting signs.
Building Setback Line: A building limit fixed at a specific distance from the front, rear or side boundaries of a
lot beyond which a building cannot lawfully extend.
Building Sign: Any sign identifying the name or title of a specific building.
Cabinet/Upholstery Shop: An establishment for the production, display, and sale of cabinets, furniture, and
soft coverings for furniture.
Camping Trailer. A folding structure, mounted on wheels and designed for travel, recreation, and vacation
and which can be readily towed over the road by a motor vehicle.
Canopy: A roof like cover including an awning that projects from the wall of a building over a door, entrance
or window; a free standing or projecting cover above an outdoor service area such as a gasoline service station.
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ARTICLE 16. DEFINITIONS
Carport: A roofed structure for use as an automobile shelter, open on at least two sides with inside
dimensions not less than 10' by 20'.
Car Wash, Automated: A facility where a customer can have a motorcycle, automobile and light load vehicle
washed in exchange for financial consideration.
Car Wash, Self Serve: A facility, typically coin operated, used by the customer to wash motorcycles,
automobiles and light load vehicles.
Cemetery or Mausoleum: Property used for the interring of the dead.
Church, Temple, Place of Worship: A building designed and used primarily for religious assembly and worship
and those accessory activities which are customarily associated therewith, and the place of residence for ministers,
priests, nuns or rabbis in a detached residential facility on the same premises, that is exempt from ad valorem
taxes as permitted by State law. For the purposes of this definition, bible study and other similar activities which
occur in a person's primary residence shall not be considered as a church, temple or place or worship.
City: The City of Schertz, Texas
City Council: The City Council of the City of Schertz, Texas.
City Engineer. A registered professional engineer employed or designated by the City to provide professional
engineering services for and on behalf of the City.
Civic/Convention Center. A building or complex of buildings used for cultural, recreational, athletic,
convention, or entertainment purposes.
Clinic: An establishment of offices in which a group of physicians, dentists or other practitioners of the
healing arts and allied professional assistants are associated for the purpose of diagnosing and treating ill or
injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing
room or board for patients, nor may a clinic include offices or facilities for veterinarians.
Club or Lodge: An association of persons for the promotion of some nonprofit common objective such as
literature, science, politics, good fellowship and similar objectives which meets periodically and which is limited to
members.
Co -location: The act of locating wireless communications equipment for more than one (1)
telecommunications carrier on a single Antenna Facility.
College, University, or Trade School: An institution established for educational purposes offering courses for
study beyond the secondary education level, including trade schools and commercial schools offering training or
instruction in a trade, art, or occupation.
Commercial Amusement, Indoor: An enterprise providing for indoor recreational activities, services,
amusements, and instruction for an admission fee. Uses include, but are not limited to, bowling alleys, ice or roller
skating rinks, bingo parlors, amusement arcades, and/or practice areas.
Commercial Amusement, Outdoor: An enterprise providing for outdoor recreational activities, services,
amusements, and instruction for an admission fee, including, but not limited to, batting cages, miniature golf, go-
kart tracts, and carnivals.
Commercial Farm Ranch: A tract of unplatted land which is used for agricultural activities such as production
of cash crops or raising of livestock for the purpose of obtaining a profit in money. Includes agricultural dwelling
and accessory buildings and structures necessary to the operation of the farm/ranch.
Common Area: An area within a subdivision not used for development which is usually owned and
maintained by subdivision homeowners associations.
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ARTICLE 16. DEFINITIONS
Community Center. A building or portion of a building owned and/or operated by a government entity or
not -for -profit agency in which facilities are provided for civic, educational, political, or social purposes.
Community Service Sign: Any sign that solicits support for or advertises a non-profit community location,
event, person, product, good, service, institution or business, a public activity, location, event, person, product,
good, service institution or business.
Comprehensive Land Plan: The Comprehensive Land Plan of the City, as approved by the City Council and
including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof.
Concrete/Asphalt Botching Plant: A permanent manufacturing facility for the production of concrete or
asphalt.
Convenience Store with Gas Pumps: A retail establishment that sells food and other consumable and non-
consumable products for off -premise use or consumption. This definition shall also include the dispensing or sale
of motor vehicle fuels, lubricants, and accessories, but shall not include automotive repair or the sale of
replacement parts.
Court: An open, unoccupied space bounded on more than two (2) sides by walls. An inner court is entirely
surrounded by the exterior walls of a building. An outer court has one (1) side open to a street, alley, yard or other
permanent open space.
Critical Feature: An integral and readily identifiable part of a flood protection system, without which the
flood protection provided by the entire system would be compromised.
Cul-de-sac: A street having but one (1) outlet to another street, and terminated on the opposite end by a
vehicular turn around.
Damaged Sign:
any sign where any portion of the finished material, surface or message area of the sign is visibly faded,
flaked, broken off, missing, cracked, splintered, defective or is otherwise deteriorated or in a state of
disrepair so as not to substantially appear as it was intended or designed to appear when originally
constructed; or
any sign whose elements or the structural support or frame members are visibly bent, broken, dented,
torn, twisted, leaning or at angles other than those at which it was originally erected.
Dance Hall/Night Club: An establishment open to the general public for entertainment; in particular, dancing.
Day Core Center. A commercial institution or place designed for the care of children or adults and is subject
to registration with the Texas Department of Protective and Regulatory Services. This use shall not include
overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school.
Dead End Street: A roadway, other than cul-de-sac, with only one (1) outlet.
Density: The number of units per acre that may be placed on a tract in a particular zoning district under
specified development conditions.
Department Store: A business conducted under a single owner's name wherein a variety of unrelated
merchandise and services are housed, enclosed, and are exhibited and sold directly to the customer for whom the
goods and services are furnished.
Development: Any manmade change in improved and unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment.
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ARTICLE 16. DEFINITIONS
Development Permit: Any permit, license, authority, order, approval, certificate, endorsement, or permission,
required from the City prior to the commencement or completion of any phase of development.
Development Sign: A temporary freestanding sign which, by means of symbol or name, identifies a shopping
center, commercial or industrial park, residential subdivision or other development that may contain a mixture of
residential, commercial, or industrial uses.
Directional Sign: Any sign designed to provide direction to pedestrian and/or vehicular traffic.
Distribution Center: A warehouse or storage facility where the emphasis is on processing and moving goods
on to wholesalers, retailers, or consumers rather than on storage.
Dormitory. Any structure specifically designed to house student tenants associated with a university, college
or school.
Dry Cleaning, Major: An industrial facility where fabrics are cleaned with substantially non -aqueous organic
solvents on a commercial or wholesale basis.
Dry Cleaning, Minor: A custom cleaning shop or pick-up station not exceeding six thousand (6,000) square
feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand five hundred
(1,500) square feet of floor area for dry cleaning equipment.
Dwelling: Any building or portion thereof which is designed for or used for residential purposes.
Dwelling, Duplex: A building designed for or occupied exclusively, but separately, by two (2) families.
Dwelling, Multifamily: A building or portion thereof containing three (3) or more dwelling units.
Dwelling, Single -Family: A building designed for or occupied exclusively by one (1) family.
Dwelling Unit. A room, or suite of two (2) or more rooms, designed or intended for use by an individual or
family in which culinary and sanitary convenience are provided for the exclusive use of such individual or family.
Easement: An acquired privilege or right-of-way use which one (1) person, business, entity and/or public
agency has across, over or under land of another person, business, entity and/or public agency.
Electronic Sign: A variable message sign that utilizes computer -generated messages or some other electronic
means of changing copy. These signs include displays using incandescent lamps, LEDs, or LCDs.
Elevated Building: A non -basement building (i) built, in the case of the building in Zones Al-30, AE, A, A99,
AO, AH, B, C, X, and D, to have the top of the elevated floor, or the case of the building in Zones V1-30, VE, or V, to
have the bottom level of the lowest horizontal structure member of the pilings, columns (posts and pliers), or
shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural
integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A,
A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of
Zones V1-30, VI, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated
building", even though the lower area is enclosed by standards of section 60.3 (e)(5) of the National Flood
Insurance Program regulations.
Extraterritorial Jurisdiction (ETJ): The ETJ of the City is the portion of the unincorporated area that is
contiguous to the corporate boundaries of the City and not already in the incorporated area or ETJ of another City
as set out in Section 42.021 of the Texas Local Government Code.
Family: Two or more persons occupying a single dwelling unit where all members are related by blood,
marriage or adoption. No single dwelling unit shall have more than four unrelated individuals residing therein, nor
shall any "family" have, additionally, more than four unrelated individuals residing with such family. The term
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ARTICLE 16. DEFINITIONS
"family" does not include any organization or institutional group that receives federal or State funding for the care
of the individual.
Family Home: A community -based residential home operated by either the State of Texas, a nonprofit corporation,
a community center organized pursuant to State statute, or an entity which is certified by the State as a provider
for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical
impairments that substantially limit one (1) or more major life activities. To qualify as a family home, a home must
meet all of the following requirements:
not more than six (6) disabled persons and two (2) supervisory personnel may reside in a family home
at the same time;
b. the home must provide food and shelter, personal guidance, care, rehabilitation services, or
supervision; and
C. all applicable licensing requirements must be met.
Farmers Market: An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible
seeds, nuts, live plants, flowers, and honey for sale.
FEMA: Federal Emergency Management Agency.
Fire Lane: A concrete or asphalt driving surface identified for use by fire, EMS and other emergency vehicles
within and maintained by the owners of a manufactured home park, recreational vehicle park, apartment complex,
malls/shopping center, commercial or business area.
Flag: A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a staff or cord,
and used as the symbol of a nation, state, or organization, or as a means of signaling.
Flea Market, Inside: A building or structure wherein space is rented to vendors on a short-term basis for the
sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art
work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term
flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but
shall be deemed to include personal services establishments, food services establishments, retail sales
establishments, and auction establishments.
Flea Market, Outside: An outdoor site where space is rented to vendors on a short-term basis for the sale of
merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work,
small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea
market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall
be deemed to include personal services establishments, food services establishments, retail sales establishments,
and auction establishments.
Flood or Flooding: A general and temporary condition of partial or complete inundation of areas not ordinarily
covered by water due to:
a. the overflow of inland or tidal waters; or
the usual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM): The official maps of the City and its ETJ on which the FEMA has delineated
both the areas of special flood hazards and the risk premium zones applicable to the areas mapped.
Flood Insurance Study: The official report provided by the FEMA. The report contains flood profiles, water
surface elevation of the base flood, as well as the Flood Boundary-Floodway Map.
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Flood 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.
Flood Management Regulations: Zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as the floodplain ordinance, grading ordinance and erosion control
ordinance) and other applications of police power. The term describes such State or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Flood Protection System: Those physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce
the extent of the area within the City and its ETJ subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in conformance with sound engineering standards.
Flood Proofing: Any combination of structural and nonstructural 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.
F000dplain: Any land area susceptible to being inundated by water from any source.
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 a
designated height.
Florist: Retail business whose principal activity is the selling of plants which are not grown on the site and
conducting business within an enclosed building.
Fraternity, Sorority, Civic Club or Lodge: An organized group having a restricted membership and specific
purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus,
Rotary International, Shriners, or a labor union.
Fraternity, Sorority or Group Student House: A building occupied by and maintained exclusively for students
affiliated with an academic or vocational institution.
Freestanding Sign: A sign that is not attached to a building and which is self supporting by use of a pole,
mast, pylon or other similar vertical support structure and has a minimum of thirty-six (36) inches of ground
clearance.
Frontage: All the property on one (1) side of a street between two (2) intersecting streets (crossing or
terminating) measured along the line of the street, or if the street is dead -ended, then all the property abutting on
one (1) side between an intersecting street and the dead end of the street.
Furniture Sales: Retail business whose principal activity is the selling of finished furniture products and
conducting business within an enclosed building.
Garage, Private: A building designed or used for the storage of personally owned motor -driven vehicles used
by the occupants of the building.
Garage, Public: A structure or building, other than a private garage, which is available to the general public
used primarily for the parking and storage of vehicles.
Garage Sale Sign: Any sign utilized to direct interested persons to the location of a garage sale in accordance
with Chapter 50 of the City's Code of Ordinances.
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Garden Home: An individually owned single-family home, separated from its neighbor by a minimum of ten
(10') feet on a lot having a minimum of five thousand (5,000) square feet.
Gasoline Station/Fuel Pumps: A facility, equipment, or fixture used for retail dispensing of motor vehicle
fuels.
Gated Community: Residential areas that restrict access to normally public spaces. The type of gates can
range from elaborate guard houses to similar electronic arms. Residents may enter by electronic cards,
identification stickers, codes, or remote -control devices. Visitors must stop to be verified for entry.
General Manufacturing/Industrial Uses: Manufacturing of finished products and component products or
parts through the processing of materials or substances, including basic industrial processing. Such operations shall
be determined by Health, Fire, and building officials not to be a hazard or nuisance to adjacent property or the
community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or
the danger of fire, explosion, or radiation.
Golf Course and/or Country Club: A land area and buildings used for golf, including fairways, greens, tee
boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also
include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available
only to members and their guests.
Government Facilities: A building or structure owned, operated, or occupied by governmental agency to
provide a governmental service to the public.
Governmental Sign: Any sign indicating public facilities, public work projects, public services, or other places,
events, persons, products, goods, programs, activities or institutions conducted by the Federal, State or any local
government.
Group Home: A specialized lodging house and boarding house which provides long term supervised housing
in a conventional residential setting for no more than three (3) persons who are physically or mentally
handicapped, developmentally disabled or are victims of crime, and having no more than two (2) supervisory
personnel in residence at the same time.
Gymnastics/Dance Studio: A building or portion of a building used as a place of work for a gymnast, dancer,
or martial artist or for instructional classes in gymnastics, dance, or martial arts.
Hazardous Material: Any substance that because of its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to human health and safety or to the environment.
This term includes but is not limited to hazardous wastes.
Hazardous Waste: Any refuse or discarded material or combinations of refuse or discarded materials in solid,
semisolid, liquid, or gaseous form which cannot be handled by routine waste management techniques because
they pose a substantial present or potential hazard to human health or other living organisms because of their
chemical, biological, or physical properties. Categories of hazardous waste include but are not limited to
explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include sewage
sludge and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as
amended.
Health/Fitness Center. A public or private facility operated to promote physical health and fitness. Activities
may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or
combination of uses or facilities typically include, but are not limited to, game courts, weight lifting and exercise
equipment, aerobics, swimming pools and spas, and running or jogging tracts.
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Heavy Equipment Service and Sales, or Rental: An establishment providing Sales, Service, or Rental of
movable or transportable vehicles or other apparatus commonly used in commercial, industrial, or construction
enterprises, such as but not limited to trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts.
Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the
proposed walls of structure.
Historic Structure: Any structure that is:
a. listed individually in the Natural Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing in the National Register;
b. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district;
C. individually listed on the State inventory of historic places with historic preservation programs that
have been approved by the Secretary of the Interior; or
d. individually listed on a local inventory or historic places in communities with historic preservation
programs that have been certified either:
1. By any approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states with approved programs.
Home Improvement Center: An establishment providing the sale or rental of building supplies, construction
equipment, or home decorating fixtures and accessories. This term includes a lumberyard or a contractors'
building supply business and may include outdoor storage or tool and equipment sales or rental. This term does
not include an establishment devoted exclusively to the retail sale of paint, wallpaper, or hardware or activities
classified under vehicle/equipment sales and services, including vehicle towing services.
Home Occupation: Any occupation or activity carried on by a member of the immediate family, residing on
the premises, which there is no sign used relating to the business or no display that will indicate from the exterior
that the building is being utilized in part for any purpose other than that of a dwelling, and there is no commodity
sold upon the premises; no person is employed other than a member of the immediate family residing on the
premises; and no mechanical equipment is used except of a type that is similar in character to that normally used
for purely domestic or household purposes.
Homeowners Association: An organization formed for the maintenance and operation of the common areas
of the development. The membership in the association must be automatic with the purchase of a dwelling unit or
other property in the development.
Hospital, Sanitarium, Nursing or Convalescent home: A building or portion thereof used or designed for the
housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this
definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be
occupied by said persons.
Hotel. A building used or intended to be used as living quarters for transient guests, but not excluding
permanent guests, and may include a cafe, drugstore, clothes pressing shop, barbershop or other service facilities
for the guests for compensation. This definition does not include bed and breakfast and boarding houses.
Household Appliance Service and Repair. The maintenance and rehabilitation of appliances customarily used
in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash
compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners.
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Identification Sign: A sign whose purpose is to identify:
Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex
name. Street markers are signs adjacent to streets required by local government.
b. On -Premise Business Signs: Any sign which relates to the premises on which it is located, referring
exclusively to the location, event, person, product, good, service, or activity of those premises, or the
sale, lease or construction of those premises.
C. Personal or Professional Signs and Nameplates: Any sign that lists exclusively a name or names
(including family/farm name signs).
Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign
not meeting the requirements established in this UDC.
Impervious Coverage: Impervious cover means impermeable surfaces which prevent the infiltration of water
into the underlying soil and bedrock (such as pavement, concrete or rooftops).
In -Nome Day Care: A home occupation that provides care for less than twenty-four (24) hours a day to no
more than six (6) children under the age of fourteen (14), plus no more than six (6) additional elementary school -
age children (age five (5) to thirteen (13)). The total number of children, including the caretaker's own children, is
no more than twelve (12) at any time. This use is subject to registration with the Texas Department of Protective
and Regulatory Services.
Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more
children at any one (1) time during part of a twenty-four (24) hour day, which provides a program of instruction for
children below the first grade level in which constructive endeavors, object lessons and helpful games are
prominent features of the curriculum.
Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste
that is not hazardous, medical, or radioactive.
Landscape: Covering, adorning, or improving property with living plants (such as trees, shrubs, vines, grass or
flowers), loose natural materials (such as rock, wood chips or shavings), decorative manmade material (such as
patterned paving materials, fences, walls, fountains, or pools), or land contouring. "Landscape" does not include
improving property with artificial trees, shrubs, turf or other artificial plants.
Laundromat: A facility where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated
by the patron.
Levee: A manmade structure, usually an earthen embankment, designed and constructed in accordance with
sound engineering practices to contain, control, or divert the flow of water so as to provide protection from
temporary flooding.
Levee System: A flood protection system which consists of a levee, or levees, and associated structures, such
as closure and drainage devices, which are constructed and operated in accordance with sound engineering
practices.
Limited Access Highways: Interstate Highway 35 and Interstate Highway 10.
Livestock: Domestic animals used, raised or bred on a farm, especially those kept for a profit, including, but not
limited to, horses, ponies, mules, donkeys, cattle, goats, rabbits, sheep, or fowl, regardless of age, sex or breed.
Persons who possess, own or otherwise keep livestock within the City in a residential zoned district where livestock
is being kept, shall follow these restrictions:
Livestock shall be kept on a parcel of land that is at least one (1) acre in size.
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b. Livestock shall be kept in a stable, shed, pen or other enclosure wherever located within the City,
which shall be distance of at least one hundred feet (100') for every building/structure (other than the
owner of such livestock) used for sleeping, dining and living, and shall be kept in such a manner as will
be reasonably calculated not be offensive to neighbors or to the public.
Swine are prohibited.
d. The Code of Ordinances may include further restrictions.
Loading Dock Space: A space within the main building, or on the same lot therewith, providing for the
standing, loading or unloading of trucks and having a minimum dimension of twelve by thirty-five feet (12' x 35')
and a vertical clearance of at least fourteen feet (14').
Locksmith/Security System Company: Establishments primarily engaged in providing, installing, repairing,
and/or monitoring locks and electronic security systems.
Lot: A physically undivided tract or parcel of land having frontage on a public street or other approved access
and which is, or in the future may be, offered for sale, conveyance, transfer or improvements; which is designated
as a distinct and separate tract; and/or, which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly recorded.
Lot Depth: The distance of a line connecting the midpoints of the front and rear lot lines, which line shall be
at right angle to the front lot or radial to a curved lot line.
Lot Width: The distance of a line (drawn perpendicular to the lot depth line) connecting the side lot lines at
the building setback line or at a point no farther than thirty-five (35') feet from the front lot line.
Lot Area: The area of a lot between lot lines, including any portion of an easement which may exist within
such lot lines.
Lot, Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two (2) street
lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents of the curve at the points
of the intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
Lot, Double Frontage: A lot having a frontage on two (2) nonintersecting streets as distinguished from a
corner lot.
Lot, Interior. A building lot other than a corner lot.
Lot of record: A lot which is part of a subdivision, the plat having been duly approved by the appropriate
authority and recorded in the office of the County recorder of deeds and records.
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 render the
structure in violation of the applicable nonelevation design requirement of section 60.3 of the National Flood
Insurance Program regulations.
Manufactured Home, HUD Code: A structure constructed after June 15, 1976, according to the rules of the
United States Department of Housing and Urban Development, transportable in one (1) or more sections which, in
the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when
erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent foundation
designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air
conditioning and electrical systems and bears a seal issued in accordance with state law. All references in this UDC
to manufactured housing or manufactured home(s) shall be references to HUD Code Manufactured Housing,
unless otherwise specified.
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Manufactured Home Park: A contiguous parcel or lot which is owned by an individual, firm, trust,
partnership, public or private association or corporation and on which individual portions are leased for the
placement of manufactured homes as a primary residence.
Manufactured Home Subdivision: A subdivision of land planned and improved for the placement of
manufactured homes for residential use on single lots with each lot individually owned and meeting all
requirements of this UDC.
Mean Sea Level. For the purposes of the National Flood Insurance Program, the National Geodetic Vertical
Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
Medical, Dental or Professional Office/Clinic: A building used for the provision of executive, management, or
administrative services. Typical uses include, but are not limited to, administrative offices and services including
real estate, property management, investment, insurance, medical, dental, legal, architect, engineer, travel,
secretarial, accounting, auditing and bookkeeping organizations and associations, and vehicle rental office without
on -site storage of fleet vehicles.
Menu Board Sign: A permanent freestanding sign displaying the type and price of food, beverages or other
products sold in connection with permitted outdoor dining or in connection with a restaurant with drive -through
service.
Microbrewery/Brewpub: A facility authorized to manufacture, brew, bottle, can, package, and label beer; and
sell or offer without charge, on the premise of the brew pub, beer produced by the holder, in or from lawful
containers to the extent the sales or offers are allowed under the holder's primary Texas Alcoholic Beverage
Commission license. The development may include other uses such as a standard restaurant, bar or live
entertainment as otherwise permitted in the zoning district.
Mini-Warehouse/Public Storage: A building(s) containing separate, individual self -storage units for rent or
lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual
storage unit.
Miscellaneous Hazardous Industrial Use: Any industrial use not specifically defined in this section that is
determined by Health, Fire or building officials to be a hazard or nuisance to adjacent property or the community
at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger
of fire, explosion, or radiation.
Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more
sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (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 designed to
be used as a dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning and electrical systems.
Modular Home: A dwelling that is manufactured in two (2) or more modules at a location other than the
home site and which is designed to be used as a residence when the modules are transported to the home site and
joined together and installed on a permanent foundation system in accordance with the appropriate Building
Codes of the City including plumbing, heating/air conditioning and electrical systems to be contained in the
structure. The term modular home shall not mean nor apply to a mobile home as defined in the Texas
Manufactured Housing Standards Act, nor is it to include building modules incorporating concrete or masonry as a
primary component.
Monopole Tower. A self-supporting tower facility composed of a single spire used to support
telecommunication antennas. Monopole towers cannot have guy wires or bracing.
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ARTICLE 16. DEFINITIONS
Monument Sign: A permanent freestanding ground sign whose base is directly on the ground or has a
maximum of twelve inches (12") of clearance from the adjacent grade.
Mortuary/Funeral Parlor: A place for the storage of human bodies prior to their burial or cremation, or a
building used for the preparation of the deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation.
Motel or Motor Hotel. A building or group of buildings including either separate units or a row of units used
or intended to be used as living quarters for transient guests, and provide off-street parking space on the same
building lot for use of its occupants.
Multi -Tenant Sign: A sign that identifies the names and locations of tenants in a multi -tenant building or in a
development made up of a group of buildings.
Municipal Uses Operated by the City: Any area, land, building, structure, and/or facility owned, used, leased,
or operated by the City including, but not limited to, administrative office, maintenance facility, fire station, library,
sewage treatment plan, police station, water tower, service center, and park.
Museum: An Institution devoted to the procurement, care, study, and display of objects of lasting value or
interest.
Neon Sign: Any sign containing exposed transparent or translucent tubing illuminated by neon, argon or a
similar gas on or near the exterior of a building or window. This shall not include those signs lighted by an internal
light source and designed so that the rays go through the face of the sign.
Non -access Easement: The limitation of public access rights to and from properties abutting a highway or street, by
restricting curb cuts and access to rear or side of property or to an area abutting a developed area that may have a
deprecating and/or potentially dangerous effect on the developed properties.
One -foot non -access easement: The limitation of public access rights to and from properties abutting a
highway or street by restricting curb cuts and access to rear or side of property when the property has
another dedicated access to a public right-of-way.
b. One -foot partial access easement: The limitation of public access rights to and from properties abutting
a highway or street only by use of portable ramps, and restricting curb cuts when the property has
another dedicated access to public right-of-way.
C. Non -access easement: A designated area abutting a development which may be considered to have a
deprecating and/or potentially dangerous effect to the property because it backs up to a railroad right-
of-way, gas line, etc.
Noncommercial Farm or Hobby Farm: An agricultural operation whose income is incidental to the total
household income of the occupants who are usually commuter suburbanites. Products produced are for the
consumption by owner or provide insignificant income.
Non -Conforming Sign: A sign that was legally installed or modified in accordance with local laws, codes,
ordinances and approvals in effect at the time of installation or last significant modification, but which does not
comply to laws, ordinances, codes or other regulations enacted subsequent to that time.
Nonconforming use, structure or lot: The use of land or a building, or a portion thereof, which use does not
conform with the regulations of the zoning district in which it is situated and which was in existence prior to the
effective date of this UDC and/or prior to being annexed into the City.
Nursery, Major. An establishment for the cultivation and propagation, display, storage, and sale (retail and
wholesale) of large plants, shrubs, trees, and other materials used in indoor and outdoor plantings; and the
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contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and
storage is permitted.
Nursery, Minor. A retail business for the display and/or sale of small trees, shrubs, flowers, ornamental
plants, seeds, garden and lawn supplies, and other materials used in indoor and outdoor planting, without outside
storage or display.
Off -Premise Sign: Any sign displaying advertising copy that pertains to a business, person, organization,
activity, event, place, service or product not principally located or primarily manufactured or sold on the premises
on which the sign is located.
Office Showroom: A building that primarily consists of sales offices and sample display areas for products
and/or services delivered or performed off -premises. Catalog and telephone sales facilities are appropriate.
Incidental retail sales of products associated with the primary products and/or services are permitted.
Office -Warehouse: A building primarily devoted to the storage, warehousing, and distribution of goods,
merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices,
and display area for products sold and distributed from the storage and warehousing areas.
On -Premise Sign: Any sign relating to the premises on which it is located referring to events, persons,
products, goods, services, activities, institutions or businesses on or offered on such premises, or the sale, lease, or
construction of such premises.
Open Space: The part of the countryside which has not been developed and which is desirable for
preservation in its natural state for ecological, historical or recreational purposes, or in its cultivated state to
preserve agricultural, forest or urban greenbelt areas.
Packaging/Mailing Store: An establishment where services are provided for the mailing and packaging of
parcels. These services may include U.S. mail, UPS, FedEx and other similar services. Incidental uses may also
include, but not limited to, copy services, printing, and stationary supplies.
Parking Spaces: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle,
with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of
a motor vehicle.
Pavement Width: The portion of a street available for vehicular traffic between the face of curbs and gutters.
Pawn Shop: An establishment where money is loaned on the security of personal property pledged and
retained by the owners (pawnbroker).
Peak Hour Trips (PHTI: The number of traffic units generated by and attracted to the proposed development
during its heaviest hour of use, dependent on type of use.
Pennant: Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar
non -rigid material which may be used as a temporary sign to announce grand openings and/or special events.
Permit: An official document or certificate issued by the authority having jurisdiction authorizing
performance of a specified activity.
Person: Any individual, association, firm, corporation, governmental agency or political subdivision.
Pervious Concrete: Concrete that is permeable as supported by an engineered drainage study.
Pet Store: A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats,
fish, birds, and reptiles, excluding farm animals such as horses, goats, sheep, and poultry.
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Pharmacy: A business substantially devoted only to the sale of pharmaceutical items, supplies, and
equipment such as prescription.
Planning and Zoning Commission: The body established by City Council under the City Charter and the LGC
whose duties and responsibilities are specifically provided for in section 21.3.3 of this UDC.
Plat: The map, drawing or chart on which a subdivider's plan of a subdivision is presented and submitted for
approval.
Political Sign: A sign pertaining to any national, state, county or local election, or issue and erected for the
purpose of announcing a political candidate, political party or ballot measure, or a position on a political issue.
Portable Building Sales: An establishment which factory -manufactured portable buildings, such as
manufactured homes and jobsite offices, are displayed and offered for sale, lease, or order to the general public.
Post Office: A facility that contains service windows for mailing packages and letters, post office boxes,
offices, vehicle storage areas, and sorting and distribution facilities for mail.
Portable or Mobile Sign: Any sign designed or constructed to be easily moved from one location to another
or designed to be mounted upon a trailer, wheeled carrier, or other non -motorized mobile structure. A portable or
mobile sign which has its wheels removed shall still be considered a portable or mobile sign under this UDC.
Porte-cochere: A structure attached to a residence and erected over a driveway, not exceeding one story in
height, and open on two or more sides.
Power Storage System: A facility or installation whose primary function is to store produced electrical energy,
regardless of source.
Preexisting Towers and Preexisting Antennas: Any Tower or Antenna for which a building permit or variance
has been properly issued prior to the effective date of this UDC, including permitted towers or antennas that have
not yet been constructed so long as such approval is current and not expired.
Print Shop, Major. An establishment specializing in long -run printing operations including, but not limited to,
book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes.
Print Shop, Minor. An establishment specializing in short -run operations to produce newsletters, flyers,
resumes, maps, construction documents and plans, and similar materials using photocopying, duplicating, and blue
printing processes. This definition shall include mailing and shipping services.
Private Club: An establishment providing social and dining facilities, as well as alcoholic beverage service, to
an association of persons, and otherwise failing within the definition of, and permitted under the provisions of,
State law, as the same may be hereafter amended, and as it pertains to the operation of private clubs.
Prohibited Sign: Any sign that does not meet the requirements established in Article 11, any sign specifically
prohibited in this UDC or any type of sign not specifically identified as permitted in this UDC.
Projected Traffic: The traffic which is projected to exist on an existing or proposed street during the proposed
development's peak hour of use.
Public Infrastructure: Infrastructure that is generally for public use to include but not be limited to
improvements of the following: water system (including water distribution lines, fire hydrants, valves and
associated devices), wastewater (including lines, manholes, and lift stations), drainage system (including drainage
easements, channels, storm sewer lines and inlets and associated landscaping), sidewalks, and roadways.
Public Schools: include elementary, intermediate, middle, junior high, high and alternate schools operated by
a public school district but does not include administrative and support facilities and buildings not located on a
school campus or do not solely support one campus.
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ARTICLE 16. DEFINITIONS
Public Water and Wastewater Facility. Any reservoirs, towers, tanks, pump stations or other related
appurtenances used for the purpose of providing potable water or wastewater utility service. Occupiable space is
not considered a part of the public water and/or wastewater facility.
Public Works Specification Manual: The Public Works Specification Manual includes the Public Works Design
and Construction Standards Guide, Lift Station Design Guide, Standard Construction Details, and Public Works
Technical Specifications.
Railroad/Bus Station Terminal: A facility for the boarding of bus and/or railroad passengers and related
ticketing sales and offices.Real Estate Sign: A sign pertaining to the sale or lease of the premises, or a portion of
the premises, on which the sign is located.
Recreational Vehicle: A bus conversion, Class A camper, Class C camper, travel trailer, fifth wheel trailer, or
pop-up camper.
Recreational Vehicle Park: Any premise where recreational vehicles are parked for living and sleeping
purposes, which includes any buildings, structures, vehicles, or enclosure used or intended for use as a part of the
equipment of such park.
Recreational Vehicle Sales and Service: An establishment dedicated to the sales, service, and displaying of
recreational vehicles.
Recycling Collection Center: A building and/or site in which source separated recoverable materials, such as
newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled prior to shipment to
others who will use those materials to manufacture new products. The materials are stored on -site in bins or
trailers for shipment to market.
Recycling Collection Point: An incidental use that serves as a neighborhood drop-off point for temporary
storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in
a shopping center parking lot or in other public/quasi-public areas such as in churches and schools.
Recycling Facility: A building or site that is not a salvage yard and in which recoverable resources, such as
newspapers, magazines, books, and other paper products, glass, metal cans, and other products are collected,
stored and recycled, reprocessed, and treated to return such products to a condition in which they may again be
used for production.
Regulatory Flood Protection Elevation: The elevation of the regulatory flood plus one (1') foot of freeboard to
provide a safety factor.
Rehabilitation Care Facility: A facility which provides residence and care to persons who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct.
Restaurant or Cafeteria: An establishment where food and drink are prepared and consumed primarily on
the premises. Drive -up windows are permitted.
Restaurant, Drive -In: An eating establishment where food or drink is served to customers in motor vehicles
or where facilities are provided on the premise which encourage the serving and consumption of food in
automobiles on or near the restaurant premises.
Retail Stores and Shops: An establishment engaged in the selling of goods and merchandise to the general
public for personal or household consumption and rendering services incidental to the sale of such goods.
Right -of -Way: The right of passage acquired for or by the public through dedication, purchase or
condemnation and intended to provide pedestrian and vehicular access to abutting lots, tracts or areas which may
also be used for utilities and to provide for drainage ways.
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ARTICLE 16. DEFINITIONS
Road: See the definition of "Street".
Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building.
Safety Lanes: Paved easements granted to the City, to the public generally, emergency vehicles and/or to a
private utility corporation, for installing or maintaining utilities across, over or under private land, together with
the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. These
easements may at times be referred to as fire lanes. Safety lanes may also be used as ingress and egress to the
property.
Sandwich Board Sign: See "A" Frame Sign.
Satellite Antenna: An antenna, greater than one (1) meter in diameter, which enables the transmission of
signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna,
parabolic antenna, or satellite earth station antenna.
Satellite Receive -Only Antenna: An antenna, one (1) meter or less in diameter that enables the receipt of
television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are
commonly known as a satellite dish, television receive -only antenna, dish antenna, parabolic antenna, or satellite
earth station antenna.
School, Private: A school operated by a private or religious agency or corporation other than an independent
school district, having a curriculum generally equivalent to a public elementary or secondary school.
School, Public: A school operated by an independent school district or charter school and providing
elementary or secondary curriculum.
Secured (Gated) Community: A residential area surrounded by a masonry or wrought iron fence with at least
two (2) entrances, electrically or manually controlled gates and administered by a Homeowners Association.
Setback: The minimum distance specified by this UDC from the front, rear, and side lot lines, and extending
across the full width of the lot, on which no building or structure may be erected.
Sexually Oriented Business: A business described as such in, and regulated by, Chapter 74 of the Code of
Ordinances, as amended from time to time
Shopping Center. A development containing a grouping of retail, service, and/or other commercial
establishments in one (1) or more buildings on one (1) or more legally platted lots and constructed and designed to
utilize shared parking and access.
Sign: A name, identification, description, display, or illustration which is affixed directly or indirectly upon the
exterior of a building or structure or upon a piece of land which directs attention to an object, location, event,
person, product, good, service, activity, institution, or business.
Sign Area: The area of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles,
triangles, or circles which fully contain all extremities of the sign, including the frame, all words, numbers, figures,
devices, designs, or trademarks by which anything is made known, but excluding any supports. To compute the
allowable square footage of sign area, only one (1) side of a double -face sign shall be considered.
Sign Height: The vertical distance between the highest part of a sign or its supporting structure, whichever is
higher, and the average established ground level beneath the sign.
Solar Energy: Radiant energy (direct, diffuse, and reflected) received from the sun.
Solar/Photovoltaic Facility: A structure, assembly, equipment, or any combination thereof relating to the
generation, transportation, and storage of solar energy. Pertains to standalone facilities and not solar equipment
that is added to residential structures.
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ARTICLE 16. DEFINITIONS
Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or
neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific
community and placed at the main entry to such community.
Site Plan: A development plan, drawn to scale, showing uses and structures proposed for a parcel of land
required by this UDC. This includes, but is not limited to, existing and proposed conditions of the lot and major
landscaping figures, the location of all existing and proposed buildings, lot lines, streets, driveways, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility service, landscaping, structures and signs,
lighting, screening devices and other information that may be reasonably required in order to make an informed
determination as opposed to a subdivision plan which relates to the layout of lots and parcels, platting of lots and
parcels and the provision of public facilities necessary to build a subdivision.
Stable, Commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules.
Start of Construction (includes substantial improvements): The date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days of the permit date. The actual start means either the first placement of permanent
construction or a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home
on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets, and/or walkways; nor does it include excavation for basement,
footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions
of the building.
State: The State of Texas.
Stealth Facility: "Stealth" is a generic term describing a method that would hide or conceal an antenna,
supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely
compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas,
wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, alternative
tower structures, and camouflaged wireless facilities that are constructed to blend into the surrounding
environment.
Storage or Wholesale Warehouse: A building used primarily for the storage of goods and materials.
Story: That portion of a building, other than a basement, included between the surface of any floor and the
surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling
next above it.
Street. A strip of land comprising the entire paved area between the face of curbs and gutters and within the
right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than
one (1) lot.
Street, Collector. A roadway which collects traffic from local streets and connects within major/minor arterial
streets.
Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street.
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ARTICLE 16. DEFINITIONS
Street, Major/Minor Arterial. A designated principal traffic thoroughfare more or less continuous across the
City, which is intended to connect remote parts of the City or areas adjacent thereto, and act as principal
connecting street with State and Federal highways.
Street, Private: Any street right-of-way not dedicated to public use.
Street, Public: Any roadway for use of vehicular traffic dedicated to public use and/or owned, controlled and
maintained by the City, a County, or the State.
Street Width: The shortest horizontal distance between the lines which delineate the street.
Structural Alterations: Any change of a supporting member of a structure such as bearing walls, columns,
beams or girders.
Structure: Anything constructed or built, the use of which requires permanent location on the ground or
attachment to something having a permanent location on the ground.
Studio, Tattoo or Body Piercing: A building or portion of a building used for selling or applying tattoos by
injecting dyes/inks into the skin, and/or to pierce the skin with needles, jewelry or other paraphernalia, primarily
for the purpose of ornamentation of the human body.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its prior condition would equal or exceed fifty percent (50%) of the market value of the structure
before damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the
cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of
construction" of the improvement. This includes structures which have incurred "substantial damage", regardless
of the actual repair work performed. The term does not, however, include either:
a project for improvement of a structure to correct existing violations of state or local health, sanitary,
or safety code specifications which have been identified by the local code enforcement official and
which are the minimum necessary conditions; or
any alteration of an "historic structure" provided that the alteration will not preclude the structure's
continued designation as an "historic structure".
Subdivider or Developer. Are synonymous and include any person, partnership, firm, association, corporation
(or combination thereof), or any officer, agent, employee, servant, or trustee thereof, who performs, or
participates in the performance of, any act toward the subdivision of land within the intent, scope and purview of
this UDC.
Subdivision: The division of any lot, tract or parcel of land into two (2) or more lots, tracts or parcels of land
for the purpose, whether immediate or future, of sale or rebuilding development, situated within the City's
corporate limits or within the ETJ. It also includes vacation and resubdivision of land or lots.
Surveyor: A State licensed land surveyor or registered public surveyor, as authorized by the state statutes, to
practice the profession of surveying.
Tavern: An establishment primarily in the business of serving alcoholic beverages to the general public which
may also include the sale of food.
Tax Certificate: A certificate from the applicable tax assessor's office confirming that all City ad valorem taxes
levied on a property that are due have been paid or that the property owner is lawfully contesting such taxes. If
such taxes are being contested, the property owner must establish, to the satisfaction of the City Manager, in
his/her sole discretion, that such contest is being conducted by the property owner with reasonable speed.
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ARTICLE 16. DEFINITIONS
Taxidermist: An establishment whose principle business is the practice of preparing, stuffing, and mounting
the skins of dead animals for exhibition in a lifelike state. Telecommunications Equipment Storage Building: An
unmanned, single story equipment building or structure used to house telecommunications equipment necessary
to operate a telecommunications network.
Telecommunications Tower. Any structure that is designed and constructed for the purpose of supporting
one (1) or more antennae used for the provision of commercial wireless telecommunications services. This
definition includes monopole towers, alternative mounting structures or any other vertical support used for
wireless telecommunications antennae. This definition does not include commercial radio or television towers; nor
does it include such things as Satellite Receive Only Antenna or Amateur Radio Antennas.
Telecommunications Tower Facility: A facility that contains a telecommunications tower and equipment
storage building or structure.
Temporary Sign: Any sign identified by this UDC which is intended to be displayed for seasonal or brief
activities including, but not limited to, sales, specials, promotions, holidays, auctions, and/or business grand
openings.
Temporary Structure: A structure that is manufactured off -site and brought to the site. It is to be temporary
in nature and used only until a permanent structure can be constructed or refurbished.
Theater, Drive-In/Outdoor: An open lot devoted to the showing of motion pictures or theatrical productions
on a paid admission basis to patrons seated in automobiles.
Theater, Indoor: A building or part of a building devoted to the showing of motion pictures or for dramatic,
musical, or live performances.
Tool Rental. An establishment or business in which tools and accessories are offered or kept for rent, lease or
hire under agreement for compensation.
Townhouse: A single-family dwelling unit in a row of such structures and attached by one or more common
walls.
Travel Trailer. A structure designed for temporary dwelling for travel, recreation and vacation, and which can
be readily towed over the road by a motor vehicle.
Truck Sales, Heavy Equipment: The display, storage, sale, leasing, or rental of new or used panel trucks, vans,
trailers, recreational vehicles, or buses in operable condition.
Truck Terminal: The premises used for loading or unloading of trucks upon which storage of cargo is
incidental to the primary function of motor freight shipment or shipment point and which is designed to
accommodate simultaneous loading or unloading. Such premises may include retail stores, facilities engaged in
fueling, servicing, repairing, washing, and/or parking of trucks, tractor trailers, or other heavy commercial vehicles.
TVAntenna: An antenna that enables the receipt of television signals transmitted from broadcast stations.
Unlimited Access Highways: State Farm to Market Roads 78, 482, 1103, 1518, 2252, and 3009 and Schertz
Parkway.
Use: The purpose or activity for which the land or building thereby is designed, arranged or intended, or for
which it is occupied or maintained, and shall include any manner of performance of such activity with respect to
the performance standards of this UDC.
Utility Easement: An interest in land granted to the City, to the public generally, and/or to a private utility
corporation, for installing utilities across, on, over, upon or under private land, together with the right to enter
thereon with machinery and vehicles necessary for the maintenance of said utilities.
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ARTICLE 16. DEFINITIONS
Variance: Permission to depart from this UDC when, because of special circumstances applicable to the
property, strict application of the provisions of this UDC deprives such property of privileges commonly enjoyed by
other properties in the same vicinity.
Veterinarian Clinic and/or Kennel, Indoor. An establishment, with no outside pens, where animals and pets
are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred,
boarded, trained, or sold for commercial purposes.
Veterinarian Clinic and/or Kennel, Outdoor: An establishment with outside pens, where animals and pets are
admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred,
boarded, trained, or sold for commercial purposes.
Visibility Triangle: The triangular sight area from the corner of converging streets to a distance of 25 feet
along each street with the triangle completed by drawing a line through the property from both 25 foot points on
the converging streets.
Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building, including
window signs and signs on awnings and/or marquees.
Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or
other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or
riverine areas.
Welding/Machine Shop: A workshop where metal fabrication tools, including, but not limited to, welders,
lathes, presses, and mills are used for making, finishing, or repairing machines or machine parts.
Wind Sign: Any display or series of displays, banners, flags, pennants or other such objects designed and
fashioned in such a manner as to move when subjected to wind pressure. Wind signs shall only be permitted as
temporary signs.
Wrecking or Salvage Yard: An open air place where waste, discarded or salvage materials are bought, sold,
exchanged, baled, packed, disassembled or handled. This definition includes automobile wrecking yards, house
wrecking yards, used lumber yards, and places for storage of salvaged materials of house wrecking, automobile
scrap metal, and structural steel materials and equipment.
Xeriscape: Environmental design of residential and park land using various methods for minimizing the need
for water use.
Yard, front Setback: A yard extending across the front of a lot between the side lot lines, and being the
minimum horizontal distance between the street right-of-way line and the main building or any projections of the
usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered
a parallel to the street upon which the lot has its least dimension.
Yard, Rear Setback: A yard extending across the rear of a lot and being the required minimum horizontal
distance between the rear lot line and the rear of the main building or any projections thereof, other than the
projections of uncovered steps, unenclosed balconies, or unenclosed porches.
Yard, Setback: An open space at grade between a building and the adjoining lot lines, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. 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
the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
Yard, Side: A yard between the main building and the side line of the lot, and extending from the required
front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the
side of the building.
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ARTICLE 16. DEFINITIONS
Zoning District: Any area of the City for which the zoning regulations governing the use of land and buildings,
the height of buildings, the size of lots and the intensity of use are uniform pursuant to this UDC.
(Ord. No. 13-5-22 , § 9, 7-16-2013; Ord. No. 14-S-11, § 1, 3-11-2014; Ord. No. 16-S-27 , § 10, 8-30-2016; Ord. No.
17-5-41, § 1(Exh. A), 10-24-2017; Ord. No. 18-5-04, § 1(Exh. A), 1-23-2018; Ord. No. 18-5-24, § 1(Exh. A), 8-7-
2018)
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