City of Buda - Definitions

Abandonment

Zoning Related To cease or discontinue a use or activity, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Subdivision Related The legal process by which land dedicated to public use, such as an alley, may revert to private ownership.

Accessory Structure n a residential district, a subordinate structure used for the purpose customarily incidental to the main structure, such as a private garage for automobile storage, carport, RV-port, tool house, greenhouse as a hobby, home workshop, children's playhouse, storage house, gazebo, elevated surfaces requiring a handrail, or garden shelter. In a nonresidential district, a subordinate building incidental to the main structure.

Administrative Officers Any officer referred to in this UDC by title (e.g., City Manager, City Attorney, City Secretary, City Engineer, Director of Planning, Director of Public Works, etc.) shall be the person so retained in this position by the City, or his/her duly authorized representative.

Adult Day Services Center A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four (4) or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult Day Services Centers (also referred to as Adult Day Care Centers) must be licensed by the Texas Department of Human Services.

Adult Entertainment A sexually-oriented business, including, but not limited to, the following uses: adult arcade; adult book or video store; adult cabaret; adult dancing establishment; adult novelty store; and adult theater. See Article 8.02 of the City's Code of Ordinances.

Adverse Effect (Historic) The direct or indirect altering of characteristics of a historic property that qualify it for inclusion as a Historic Landmark or within a Historic Overlay District. Reasonably foreseeable effects caused by the undertaking that may occur later in time, be farther removed in distance, or be cumulative are included. Examples include physical destruction or damage, alteration not consistent with the Secretary of Interior's Standards or local Design Guidelines, relocation of a property, and neglect resulting in deterioration. If a property is restored, rehabilitated, repaired, maintained, stabilized, remediated or otherwise changed in accordance with the Secretary of Interior's Standards and local Design Guidelines, then it will not be considered an adverse effect.

Agricultural Use Land where the commercial production, keeping, or maintenance for sale, lease, or personal use of plants and animals, including, forages and sod crops; grains and seed crops, dairy animals, poultry and livestock, including but not limited to ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses, and ponies.

Alcoholic Beverage Production A facility for the production of alcoholic beverages, including the specific uses of Brewery, Macro, Brewery, Micro, Distillery, Macro, and Winery, Macro (see Table 46). Individual businesses are responsible for ensuring compliance with all other regulations, such as those of the Texas Alcoholic Beverage Commission.

Table 46. Comparison of Alcoholic Beverage Producers
Use	Annual Production	Consumption	Notes
Brewery, Macro	10,000+ barrels	On-site	Food service considered Restaurant or Cafeteria, without Curb or Drive-Thru Service and permitted separately
Brewery, Micro	<10,000 barrels	On- or off-site
Distillery, Macro	100,000+ proof gallons	None	Distilled alcohol (e.g., whiskey, rum, gin, vodka); Wholesale sales only
Distillery, Micro	<100,000 proof gallons	None
Winery, Macro	250,000+ gallons	On- or off-site	Produces wine that is <24% ABV; Food service considered Restaurant or Cafeteria, without Curb or Drive-Thru Service and permitted separately
Winery, Micro	<250,000 gallons	On- or off-site

Alley A public Right-of-Way or private roadway used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

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

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

Alternative Development Review Review of submitted applications in accordance with voluntary alternative approval process in accordance with Texas Local Government Code Section 212.0096.

Amateur Radio Antenna A radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission.

Ambulance Service A privately-owned facility for the dispatch, storage, and maintenance of emergency medical care vehicles.

Amending Plat An Amending Plat applies minor revisions to a recorded plat consistent with provisions of State law, see 3.03.09.

Amortization Discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be scheduled within a definite period of time to conform to the regulations of this UDC. See 2.10.14. Amortization of Nonconforming Uses.

Amusement Redemption Machine A recreational machine that provides the user with the opportunity to receive something of value, or a representation of value redeemable for an item of value, other than right of replay.

Amusement, Commercial (Indoors) An amusement enterprise wholly enclosed in a building that does not generate noise perceptible at the bounding property line and including, but not limited to, a climbing wall center, video game arcade, batting cages, indoor skydiving, bowling alley, or billiard parlor.

Amusement, Commercial (Outdoors) An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, paintball field, go-cart racing, and miniature golf course. Note that the City's noise and nuisance regulations apply to such uses.

Animal Shelter or Pet Boarding (with Outside Yard/Kennels) Facility with a fenced yard or outside kennels in which three (3) or more dogs, cats, or other domestic animals are held for adoption or accepted for boarding for which payment is received. Sometimes referred to as "doggy day care" or a "pet hotel".

Animal Veterinary Office or Grooming (with Outside Yard/Kennels) Facility with a fenced yard or outside kennels in which dogs, cats, or other domestic animals are accepted for medical treatment, grooming, bathing or other treatment for which payment is received.

Animal Veterinary Office or Grooming (without Outside Yard/Kennels) Facility entirely indoors in which dogs, cats, or other domestic animals are accepted for medical treatment, grooming, bathing or other treatment for which payment is received.

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 Facilities The antenna and any mast, pole, structure, tower, building, equipment, and other supporting material used to mount the antenna and equipment, equipment storage buildings and concealing or screening structures needed to operate an antenna.

Antenna Facility See Antenna Facilities.

Antenna Location Waiver See Waiver (Antennas).

Antenna, Building Attached An antenna attached to an existing structure in two 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.

Antique Shop An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishing and decorations that have value and significance as a result of age, design and sentiment.

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.

Applicant The person or entity responsible for the submission of an Application. The Applicant must be the actual owner of the property for which an Application is submitted, or shall be a duly authorized representative of the property owner. Also see Developer.

Application The package of materials, including but not limited to an Application Form, Plat, completed checklist, tax certificate, Construction Plans, special drawings or studies, and other informational materials, that is required by the City to initiate City review and approval of a development project.

Application Form The written form (as provided by and as may be amended by the Director of Planning) that is filled out and executed by the Applicant and submitted to the City along with other required materials as a part of an Application.

Approval Approval constitutes a determination by the official, board, commission or City Council responsible for such determination that the Application is in compliance with the minimum provisions of this UDC. Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.

Approved Use (Pertaining to Water Reuse) The use of Reuse Water as authorized by law and approved through a Reuse Water Service Agreement with the City.

Approved Use Area (Pertaining to Water Reuse) A site authorized by law and designated approved in a Reuse Water Service Agreement to receive Reuse Water for an Approved Use (Pertaining to Water Reuse).

Appurtenant Features Features that define the design of a building or property including but not limited to porches, railings; columns, shutters, steps, fences, attic vents, sidewalks, driveways, garages, carports, outbuildings, gazebos, and arbors.

Appurtenant Structure (Pertaining to Flooding) A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

Archeological Property/Site Any locale where there is physical evidence of past human activity that is either prehistoric or historic in age.

Architectural Concrete Block Concrete block with a highly textured finish, such as split faced, indented, hammered, fluted, ribbed, or similar architectural finish.

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

Area of Future Conditions Flood Hazard The land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.

Area of Shallow Flooding A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 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.

Area of Special Flood Hazard The land in the floodplain within a community subject to a 1 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.

Art Gallery or Museum An institution for the collection, display, distribution of objects of art, and that is sponsored by a public or quasi-public agency, and is open to the general public.

Arterial Street See Street, Arterial.

Articulation The visual variation to both the height and depth dimensions of a building through the use of materials, colors, fenestration and details.

Artisan's Studio Nonresidential work space for one or more photographers, artists, or artisans, including the accessory sale of art produced on the premises. These studios are less than one thousand five hundred (1,500) square feet in area. This use does not include a dwelling.

Assisted Living/Nursing Home A home operated by a business or non-profit organization where ill or elderly people are provided with lodging and meals, with or without nursing care.

Automobile or Other Motorized Vehicle Sales A business providing indoor or outdoor sales display and incidental service of new and used motorized vehicles, including motorcycles, RVs, and boats. This use is not considered Outside Display.

Automobile Parts Store Stores selling new automobile parts, tires, and accessories.

Automobile Service Garage (Major) A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting, where all work is conducted inside the building.

Automobile Service Garage (Minor) A facility for routine automobile services or minor repairs, such as tire services, quick-lubes, batteries, with all work being conducted inside the building and within the same day.

Awning A roof-like shelter of canvas or other material extending from a building's facade.

Bank or Financial Institution A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. Note that this definition does not include Nondepository Financial Institution/Payday Lending Establishments.

Banquet Hall, Reception Facility, Wedding Chapel, or Other Special Events Center A building, facility, room, or portion thereof, that is rented, leased or otherwise made available to any person or group for a private event function that is not open to the general public, whether or not a fee is charged.

Bar/Tavern (>60% Sales from Alcohol) An establishment that serves alcoholic beverages by the drink for on-site consumption and that derive more than 60 percent of the gross revenue from the on-premises sale of alcoholic beverages and does not have a TABC Food and Beverage Permit defining the establishment as a restaurant.

Barber or Beauty Shop A fixed establishment or place where one or more persons engage in the practice of barbering or cosmetology, licensed massage therapy, ear piercing, manicurist, hairdressers. This is a provision of periodically needed services of a personal nature, which include full-service beauty salons which may allow intradermal cosmetics (permanent facial makeup).

Barton Springs Segment of the Edwards Aquifer The water-bearing substrata also known as the Edwards and Associated Limestones Aquifer and includes the stratigraphic rock units known as the Edwards Formation and Georgetown Formation and is bounded on the north by the Colorado River and on the south by a groundwater divide running approximately parallel with FM 150 in Hays County.

Base Flood

Base Flood Elevation 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 1% chance of equaling or exceeding that level in any given year. Also called the Base Flood.

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

Beacon Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

Bed & Breakfast Inn An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A Bed & Breakfast Inn may provide for guest stays up to fourteen (14) consecutive calendar days; however, Bed & Breakfast Inns do not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation occurs in guest bedrooms. A Bed & Breakfast Inn does not include restaurants, banquet facilities, or similar services.

Block A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad Right-of-Way, highway, stream, or corporate boundary lines.

Block Face The portion of a Block that abuts a street.

Block Length The length of the Block Face between two intersections, or between an intersection and the outer edge of a cul-de-sac.

Block Perimeter A measure of the total length of the property line along all block faces.

Bluff A bluff with a vertical change in elevation of more than 40 feet and an average gradient greater than 400 percent.

Board See Board of Adjustment.

Board and Batten Wall construction that gives the appearance of wide vertical strips with intervening recesses or projections by means of wide boards rabbeted on transverse edges and lapped not to the entire width of the rabbet on one side, or wide boards alternating with narrow and thin battens usually fitting into grooves in the wide boards, or wide boards covered at the seams by narrow usually 2-inch battens.

Board of Adjustment The City's Board of Adjustment, which is established in 1.02.03. Board of Adjustment.

Breakaway Wall A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

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Brewery, Macro An establishment that produces more than 10,000 barrels of beer per year, which may be consumed on-site. Such businesses hold a Brewer's Permit (B) and are regulated by the Texas Alcoholic Beverage Commission. This definition also includes the secondary use of food service.

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Brewery, Micro An establishment that produces up to 10,000 barrels of beer per year, which may be consumed on-site. Sometimes referred to as a brewpub or taproom. Such businesses hold a Brewpub License (BP) and are regulated by the Texas Alcoholic Beverage Commission. This definition also includes the secondary use of food service.

Building Any structure built for support, shelter or enclosure of persons, animals, personal property, records or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building.

Building Coverage Percentage of the lot covered by the main structure and any Accessory Structures.

Building Height The vertical distance measured from the average grade level to the highest point of the roof, excluding ornamental features that do not contain floor area (e.g., a church steeple or bell tower).

Building Material Sales An establishment for the sale of materials customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise. Sometimes referred to as a "Contractor's Yard". Note that this definition does not include home improvement store that provide goods to the general public (e.g., Home Depot or Lowe's).

Building Official
The Building Official of the City or designee

Building Permit A permit issued by the City before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the City code.

Building Setback Line The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street Right-of-Way/property line.

Building to Lot Width in Build-to The percentage of the lot width the principal building is required to occupy in the Build-to Zone.

Building-Integrated Systems Photovoltaic materials used in place of conventional building materials (such as the roof or skylights). May also be referred to as Building-Integrated Photovoltaics (BIPV).

Build-to Zone The area between the minimum and maximum setbacks within which the principal building's front facade (building facade line) is to be located.

Caliper The diameter of a tree measured four feet above finished grade.

Car Wash, Full Service A facility where a customer does not wash the vehicle and can have a motorcycle, automobile and light load vehicle washed by employees of a car wash facility in exchange for financial consideration.

Car Wash, Self Service A facility with an automatic wash tunnel or hand wash provisions for use by the customer to wash motorcycles, automobiles and light load vehicles in exchange for financial consideration.

Carpentry Shop A shop involving woodworking and the assembly of wood products.

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Catering Service A service providing meals or refreshments for public or private entertainment for a fee.

Ceramic, Pottery, or Glass Studio Small-scale studio site for ceramic, pottery, or glass goods, including dust, odor, and fume control. This definition does not include manufacturing.

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

Certificate of Occupancy An official certificate issued by the City through the enforcement official that indicates conformance with the City's rules and regulations and which authorizes legal use of the premises.

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

Chapter 210 Chapter 210 of Title 30 of the Texas Administrative Code, titled "Use of Reuse Water," as it may be amended from time to time.

Child Care Facility (Children's Home) A business for the care of children at a location other than a caretaker's residence for more than 24 hours a day. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

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Child Care Facility (Daycare) A business for the care of children at a location other than a caretaker's residence for less than 24 hours a day. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

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Child Care Home (<6 Children) Regular care occurring in the caretaker's own residence for not more than six (6) children, excluding children who are related to the caretaker but in no case exceeding twelve (12) children at any given time. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

Child Care Home (6+ Children) Regular care occurring in the caretaker's own residence for more than six (6) children, excluding children who are related to the caretaker. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services.

Church or Other Place of Worship, including Parsonage/Rectory A place of worship and religious training of recognized religions, including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel.

City The City of Buda, Texas, together with all its governing and operating bodies.

City Attorney The person(s) so designated by the City Council to provide oversight for and have legal responsibility for the City. This term shall also include any designee of the City Attorney.

City Council The duly elected governing body of the City of Buda, Texas.

City Engineer The City Manager or person(s) designated by the City Manager to carry out the duties of the City Engineer as described under this Code.

City Manager The officially appointed and authorized City Manager of the City of Buda, Texas, or the City Manager's duly authorized representative or designee.

City Secretary The person(s) so designated by the City Manager to provide clerical and official services for the City Council. This term shall also include any designee of the City Secretary.

Clustering Often called an open space development or conservation development, Cluster Development is the grouping of residential properties on a development site in order to use the extra land as open space, recreation or agriculture. The purpose of cluster development is to promote integrated site design that is considerate to the natural features and topography; protect environmentally sensitive areas of the development site, as well as permanently preserve important natural features, prime agricultural land, and open space; minimize non-point source pollution through reducing the area of impervious surfaces on the site and creating contiguous green spaces for natural filtration; encourage saving costs on infrastructure and infrastructure maintenance through practices such as decreasing the area that needs to be paved and the decreasing distance that utilities need to be run; and to create more area for open space, recreation and more social interaction.

Collector Street See Street, Collector.

College or University An academic institution of higher learning, accredited or recognized by the State, and offering a program of series of programs of academic study.

Co-Location The act of locating wireless communications equipment for more than one telecommunications carrier on a single Antenna Facility.

Colonnade A sequence of columns attached to an awning, second floor overhang or second floor balcony of a building.

Commercial Heavy Truck Class 7 Vehicles or greater, vehicles exceeding 26,001 lbs. not including vehicles involved in the collection of refuse, on-site construction, or operating buses (municipal or otherwise).

Commercial Message Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Commercial Use A business use or activity at a scale greater than home industry involving retail or wholesale marketing of goods and services. Examples of commercial uses include offices, retail stores, and restaurants. Warehouse, Storage and Industrial uses are not considered commercial for the purposes of this definition.

Commission The Planning and Zoning Commission of the City.

Community The Buda corporate city limits, in which the City has the authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction.

Community Home or Group Home A residence for not more than six (6) persons with disabilities and two (2) supervisors. Such entity must be licensed and comply with Chapter 123 of the Human Resources Code.

Comprehensive Plan The plan, including all revisions and addenda thereto, adopted by the City Council as the official policy regarding the guidance and coordination of the development of land in the City. The plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, utilities, parks other public and private developments and improvements and population projections. The plan may consist but is not limited to the following plan elements: Future Land Development Plan, Economic Growth & Sustainability, Transportation, Parks, Recreation, & Open Space, Housing & Neighborhoods, Community Identity, Civic Facilities & Programs, Public Safety, Downtown Buda, and Historic Preservation.

Construction Plans A set of drawings or specifications, including paving, water, wastewater, drainage, or other required plans, submitted to the City for review in conjunction with a subdivision or a development.

Container Unit (Pertaining to Water Reuse) Any container that is used to hold Reuse Water during transport from a wastewater treatment facility to an Approved Use Area (Pertaining to Water Reuse).

Contractors Yard or Storage Yard A building, part of a building, or land area for the construction or storage (inside or out) of materials, tools, products, and vehicle fleets.

Contributing Building A historic building that is at least 50 years old or older that retains a significant amount of its physical integrity and character defining features including location, setting, design, construction, workmanship, and/or association with historical persons or events.

Conveyance Plat An interim step in the subdivision and development of land, a Conveyance Plat is a plat designed to subdivide land and to provide for recordation for the purpose of conveying (i.e., selling) the property without developing it. A Conveyance Plat does not constitute approval for any type of development on the property.

Council See City Council.

County Hays County or Travis County, as applicable.

Court An open unoccupied space other than a yard, on the same lot with a building which is bounded on three (3) or more sides by the building.

Crematorium A location containing properly installed, certified apparatus intended for use in the act of cremation.

Critical Environmental Features Features that are of critical importance to the protection of environmental resources, and include bluffs, canyon rimrocks, caves, sinkholes, springs, and wetlands.

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.

Critical Root Zone A circle on the ground corresponding to the drip line of the tree. The Critical Root Zone is intended to protect the root structure of a tree.

Cross Connection Any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system, or any other assembly which contains, or may contain, contaminated water, domestic sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections.

Cul-de-Sac A short street, that is typically in a residential setting, with one vehicular access to another street, and terminated on the opposite end by a vehicular turnaround.

Dance Hall, Night Club, or Live Music Venue, Indoors An indoor establishment offering to the general public facilities for concerts, dancing, and similar entertainment.

Dance Hall, Night Club, or Live Music Venue, Outdoors An establishment located outdoors or partially outdoors offering to the general public facilities for concerts, dancing, and similar entertainment.

Dance, Music, or Drama Studio Studio for performing arts education or similar activities.

Dead-End Street A street, other than a cul-de-sac, with only one outlet.

Decision-Maker The City official or group, such as the Director of Planning, City Council, or Planning and Zoning Commission, responsible for deciding action on an Application authorized by this UDC.

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

Design Guidelines Guidelines of appropriateness or compatibility of building design within a community or historic district. Often in the form of a handbook, design guidelines contain drawings accompanying "do's and don't's" for the property owner. The Historic Preservation Commission has authority to administer design guidelines.

Design Review Refers to the decision making process conducted by the Historic Preservation Commission or an appointed historic preservation officer that is guided by established terms.

Developer A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, developments, or improvement of land and other activities covered by this UDC. The word Developer is intended to include the terms Subdivider, property owner, and, when submitting platting documents, Applicant.

Development Any human-made change to improved or 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 or materials.

Development Application An Application, developed and updated by the Director of Planning, for any type of plan, permit, plat or Construction Plans/drawings authorized or addressed by this UDC. Also may be referred to as a permit within the Texas Local Government Code, Chapter 245.

Development Application Forms A collection of Application Forms created, updated, and managed by the Director of Planning.

Director of Planning The City Manager or person(s) designated by the City Manager to carry out the duties of the Director of Planning as described under this Code.

Director of Public Works The person(s) so designated by the City Manager to provide oversight for and have responsibility of the City's Public Works Department. This term shall also include any designee of the Director of Public Works.

Distillery, Macro An establishment that produces at least 100,000 proof gallons of distilled alcohol, such as whiskey, rum, gin, vodka and other spirits not defined elsewhere in this UDC. Such businesses hold a Distiller's and Rectifier's Permit (D) and are regulated by the Texas Alcoholic Beverage Commission.

Distillery, Micro An establishment that produces up to 100,000 proof gallons of distilled alcohol, such as whiskey, rum, gin, vodka and other spirits not defined elsewhere in this UDC. Such businesses hold a Distiller's and Rectifier's Permit (D) and are regulated by the Texas Alcoholic Beverage Commission.

Distribution Main (Pertaining to Water Reuse) A Reuse Water main offsite to a User (Pertaining to Water Reuse) which is constructed at the expense of the Reuse Water User (Pertaining to Water Reuse) and which connects one (1) or more User (Pertaining to Water Reuse) with a City reuse Transmission Main. Distribution Mains terminate at:

a. The point of connection with a User (Pertaining to Water Reuse)'s Reuse Water meter, and
b.The point of connection with the City's Transmission Mains. All Distribution Main (Pertaining to Water Reuse)s (including the Reuse Water meter connecting to a User (Pertaining to Water Reuse)'s on-site Reuse Water main) accepted by the City becomes the property of the City at the time the Distribution Main (Pertaining to Water Reuse) is accepted.

Donation or Recycling Collection Point An incidental use that serves as a neighborhood drop-off point for and temporary storage of donations or recoverable resources. No processing of such items occurs on-site and the site functions solely as an area of collecting materials. This facility is generally located in a shopping center parking lot or in public/quasi-public areas such as in churches and schools.

Drainage Design Criteria Collectively, the City's drainage design standards adopted under the Unified Development Code, as amended.

Drawings Plans, working drawings, detail drawings, profiles, typical cross sections, or reproductions that show locations, character, dimensions, or details of work related to a Reuse Water system and its components.

Dwelling Unit One or more rooms that are arranged, designed, used, or intended to be used for occupancy by a single family or group of persons living together as a family or by a single person.

Dwelling, Accessory See Garage Apartment and Guest House.

Dwelling, Multi-Family (3-Plex/4-Plex) A multi-family building designed as a single structure containing three (3) or four (4) separate living units on one lot, each of which is designed to be occupied as a separate residence for one family.

Dwelling, Multi-Family (Apartment) Any building, or portion thereof, that is designed, built, rented, leased, owned, or let to be occupied as five (5) or more dwelling units or apartments, or that is occupied as a home or place of residence by five (5) or more families living in independent and separate housekeeping units.

Dwelling, Single Family (Attached - Duplex) A building designed for occupancy for two (2) families living independently of each other. May be located on a single lot or may have a lot line dividing the building and separating the building's two (2) dwellings units onto two (2) separate lots.

Dwelling, Single Family (Attached - Townhouse) A dwelling that is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and that is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.

Dwelling, Single Family (Detached) A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to another building and occupied by one family.

Dwelling, Single Family (Patio Home) A detached dwelling designed and constructed for occupancy by one family. Patio Homes are located directly along the side property line, which creates a larger side yard (e.g., one side yard 10 feet in width instead of two side yards 5 feet in width). The intent of this development type is to allow for more compact development that provides for usable open space. Sometimes referred to as a "zero lot line" home.

Easement Authorization by a property owner for another to use any designated part of the owner's property for a specified purpose or use and evidenced by an instrument or plat filed with the County Clerk. Among other things, easements may be used to install and maintain utility lines, drainage ditches or channels, or for other City or public services. Established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths that in any way endanger or interfere with the construction, maintenance, or efficiency of City systems. The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone.

Easement, Common Access An easement to provide shared access to and from commercial, and industrial owned and maintained by the owners of the property upon which the easement is located or as otherwise provided by deed restrictions or the terms of the easement instrument.

Edwards Aquifer Recharge Zone All land over the Edwards Aquifer that recharges the aquifer, as determined by the surface exposure of the geologic units comprising the Edwards Aquifer, including the areas overlain with quaternary terrace deposits, as currently mapped by the Texas Natural Resource Conservation Commission (TNRCC).

Electrical Power Substation A part of the electrical distribution system with the primary function to transform electrical voltage, includes transformer stations and switching stations.

Elevated Building (Pertaining to Flooding) For insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Elevation Certificate The official document under the same name issued by the National Flood Insurance Program (NFIP) used to provide elevation information necessary to ensure compliance with this ordinance, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on Fill (LOMR-F).

Engineer A person duly authorized under the provisions of the Texas Engineering Practice Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare Construction Plans and specifications for public works improvements.

Engineering Criteria Manual Technical manual adopted by the City of Buda containing detailed engineering standards for construction, which may be amended as needed.

Equipment Sales Retail establishment selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc. This use is not considered Outside Display.

Equipment Storage Building or Structure (Pertaining to Wireless Facilities) An unstaffed, single story equipment building, structure or platform used to house telecommunications equipment necessary to operate the telecommunications network.

Existing Construction The purposes of determining rates, 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. "Existing construction" may also be referred to as "existing structures."

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

Expansion to an Existing Manufactured Home Park or Subdivision

Exterior Architectural Feature Includes but is not limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to the view from a public way. Exterior Architectural Features are often used to describe decorative features attached to the structure such as: doors, windows, window sills, cornices, decorative plaster work or stone, shutters, columns, canopies or awning, etc.

Exterior Temporary Items Includes items such as landscaping, fences and sheds that do not require a slab, which are easily altered, relocated or removed.

Facade or Front Facade A facade directly visible from any public street or main circulation drive and the facade used as the primary entrance to the building.

Family A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities; any number of people related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship; or up to three (3) unrelated people and any children related to them. Prima facie proof of occupancy of a dwelling unit by more than three (3) unrelated persons is established in any prosecution for violation of this UDC if it is shown that the same three or more vehicles with registrations to persons having different surnames and addresses were parked overnight at the dwelling unit a majority of nights in any 21-day period. This establishment of a prima facie level of proof in this subsection does not preclude a showing of "occupancy" of a dwelling unit by a person in any other manner. The property owner and any agent of the property owner shall be legally responsible for directly or indirectly allowing, permitting, causing, or failing to prohibit the occupancy of a dwelling unit by more than three (3) unrelated persons.

Farmer's Market An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

Fee Schedule A listing of fees for various City Applications, which is prepared by the City Manager and approved by City Council and may be amended periodically. The Fee Schedule is approved separately from this UDC.

Feed Store An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production.

Final Acceptance The acceptance by the City of all infrastructure improvements constructed by the Developer in conjunction with the development of land.

Final Plat The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a Surveyor or Engineer with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. The Final Plat of any lot, tract, or parcel of land shall be recorded in the Deed Records of Hays County, Texas. A Final Plat may also be referenced as a Record Plat or Filing Plat.

Fire Lane Path of egress whether on public roads and highways, or on private property, that is a continuous path of travel from any one point at a building or structure, to any other point along that structure, so posted and marked as a fire lane.

Fix-It Shop, Bicycle Repair, Blade Sharpening, Small Engine Repair Business providing basic repair services for mechanical equipment.

Flag Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

Flag, Decorative A flag other than national, state, municipal or other governmental flags, other than such flags located on property zoned Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District.

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) or flood-related erosion hazards.

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

Flood Insurance Study (FIS) See Flood Elevation Study.

Flood or Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source,

Flood Proofing 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.

Flood Protection System 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 a community subject to a "special flood hazard' and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

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.

Floodplain Management Regulations Zoning regulations, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a 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.

Floodplain or Floodprone Area Any land area susceptible to being inundated by water from any source (see definition of flooding).

Floodway See Regulatory Floodway.

Floor Area The habitable area of a building that is served by a conditioned air system, but specifically excluding porches, patios, breezeways, automobile storage areas, garages, workshops, attic storage areas and basements.

Food Truck A vendor who operates or sells food for human consumption, hot or cold, from a cart, trailer or kitchen mounted on chassis, with an engine for propulsion or that remains connected to a vehicle with an engine for propulsion. Also referred to as a "mobile food vendor". See Article 8.05 Mobile and Portable Food Vendors of the City's Code of Ordinances.

Food Truck Park Four (4) or more Food Trucks parked and operating on a single lot.

Foot candle Foot candle means a unit of light measurement equal to one lumen per square foot.

Form Based Code A type of land use regulation that addresses the relationship between private facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in form-based codes are presented in words, diagrams and other visuals. They are keyed to a regulating plan that designates the appropriate form and scale (and therefore, character) of development, rather than only distinctions in land-use types.

Form District One of several areas defined on a regulating plan that is subject to the Form Based Code. A form district is administratively similar to a zoning district, except that in addition to the usual building use, height, and setback requirements, other elements are integrated such as street and frontage standards.

Freeboard A factor of safety expressed in feet above base flood level for purposes of floodplain management. "Freeboard" tends to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected flood recurrence interval and floodway conditions, such as wave action, bridge openings, and the hydrological effect of watershed urbanization.

Frontage All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street line.

Fuel Pumps (Accessory Use) Any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels primarily to passenger vehicles. This is an accessory use typically associated with a Grocery, Supermarket or Retail Store, Big Box use.

Full cut-off fixture Fixture that is designed or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

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Functionally Dependent Use (Pertaining to Flooding) A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Funeral Home An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals.

Furniture Repair and Upholstering Shop A business that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair.

Game Room A building, facility, room, or other place that is open to the public and that contains one or more operational amusement redemption machines.

Garage Aartment A dwelling unit erected in conjunction with a garage.

Gasoline Filling or Service Station/Car Wash Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. May include a car wash facility.

General Building A structure that integrates a variety of uses typically including commercial, office, and retail.

Green Space The portion of developable land that must be allocated for landscaped uses such as lawn space, planting areas, swales, rain gardens, and other pervious land uses.

Grocery, Convenience Store A retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption that is less than 7,000 square feet in gross floor area.

Grocery, Market A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods that is between 7,000 and 15,000 square feet in gross floor area.

Grocery, Supermarket A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods that is more than 15,000 square feet in gross floor area.

Groundcover Grasses and other living plant materials that are designed to grow low to the ground, generally less than one (1) foot in height. See the Approved Plant List maintained by the Director of Planning.

Guest House Living quarters operated as an incidental/accessory use that is either attached or detached from the principal residence and that is occupied as a residence by either guests or tenants.

Gym or Health/Fitness Center A facility where members or nonmembers use equipment or space for the purpose of physical exercise.

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

Heavy Industrial or Manufacturing Operations An establishment engaged in manufacturing or other industrial processing of products primarily from extracted/raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line. Differs from Light Industrial and Assembly Processes use classification due to the potential impacts on surrounding properties

Heliport or Helistop An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

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

Historic Designations An official recognition of the significance of a building, property or district. Designation can occur on three different levels:

•	Federal - The National Register of Historic Places (for both individual buildings and entire districts);
•	State - Recorded Texas Historic landmarks (only for individual buildings) and State Antiquities Landmarks; or
•	Local - Designated under a municipal historic ordinance either individually as a landmark or as a locally designated district.

Historic District (Local) A geographically and locally defined area that possesses a significant concentration, linkage, or continuity of buildings, objects, sites, structures, or landscapes united by past events, periods, or styles of architecture, and that, by reason of such factors, constitute a distinct section of the City. Historic sites within a local district need not be contiguous for an area to constitute a district. All sites, buildings, and structures within a local historic district, whether individually contributing or not are subject to the regulations of the district.

Historic Landmark (Local) Any site, building, structure, or landscape of historic significance that receives designation by the City pursuant to this Chapter.

Historic Preservation The protection, rehabilitation, repair and restoration of places and structures of historic, architectural, or archeological significance.

Historic Preservation Commission The advisory body appointed by the City Council to review matters related to the City's historic resources.

Historic Preservation Officer The City Manager or other person designated by the City Council as authorized by Sec. 1.02.077 of the Code of Ordinances. The Historic Preservation Officer must have an interest, knowledge and a demonstrated background in the disciplines of architecture, history, urban planning, real estate, legal, archeology, or other disciplines related to historic preservation.

Historic Resources Survey A systematic, detailed examination of an area designed to gather information about historic properties sufficient to evaluate them against predetermined criteria of significance.

Home-Based Business A business, occupation, or profession conducted within a residential dwelling unit, including, but not limited to artists, online retailers, tax advisors, or travel agents.

Homeowners' or Property Owners' Association A formal nonprofit organization operating under recorded land agreements through which:

•	Each lot or property owner in a specific area is automatically a member; and
•	Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and
•	The charge if unpaid, becomes a lien against the nonpaying member's property.

Hospital, Acute Care An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and that is licensed by the State of Texas.

Hospital, Chronic Care An institution where those persons suffering from illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis, and that is licensed by the State of Texas.

Hotel, Full Service A full service hotel is distinguished by the abundant provision of food and beverage services for guests and groups. Hotel of this type also have the ability to facilitate large meetings and special events, and generally have on-site restaurants, lounges, and meeting spaces. Spas, doormen, valet parking, extended room service, concierge services, and high-end restaurants are other distinguishing features of full-service hotels. Examples include: Double Tree, Embassy Suites, Hilton, Marriott, Renaissance, Ritz- Carlton, W Hotels, and Westin.

Hotel, Limited Service A limited-service hotel is distinguished by simple guest services; or a hotel without restaurant and banquet facilities. Typical services offered by a limited-service hotel could be a business center, fitness room, laundry facility, and swimming pools. Examples include: Candlewood Suites, Comfort Inn, Fairfield Inn, Holiday Inn Express, Hampton Inn, La Quinta, Motel 6, SpringHill Suites, and Super 8.

Hotel, Select Service A select-service hotel is a hybrid between full service and limited service. Select service hotels generally have more in common with the limited-service hotels, but some features of a full-service hotel at a smaller scale. A select-service hotel might have a specialty restaurant, but only offer a limited menu and select days, or have small-scale meeting facilities. Examples include: Courtyard by Marriott, Wyndham Garden Inn, Hilton Garden Inn, Hyatt Place, Clarion, and Ramada.

HUD-Code Manufactured Home See Manufactured Home under the definition of Manufactured Housing.

Impervious Cover Roads, parking areas, buildings, rooftop landscapes, patios, and other impermeable construction covering the natural land surface.

Impervious Liner A liner that fluids may not pass through. The liner may be constructed of concrete or geomembrane. If geomembrane is used, suitable geotextile fabric shall be placed on the top and bottom of the membrane for puncture protection.

Improvement Any constructed fixed item that becomes part of or placed upon real property, see also Public Improvement.

Improvement Agreement Agreement between the City and a Subdivider, which includes provisions for construction of Public Improvements, City participation, pro rata agreements, escrow deposits, and other provisions for the development of land. (See 3.01.04. C.)

Infrastructure All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the City.

Innovative Residential Development A classification of residential development types that embody the objectives of the Comprehensive Plan, but require some level of unique discretionary review and code adjustments to meet those objectives. Such developments incorporate principles such as Clustering, Pocket Neighborhoods, Low Impact Design, and Traditional Neighborhood Design.

Institution for the Care of Alcoholic, Psychiatric, or Narcotic Patients An institution offering resident treatment to alcoholic, psychiatric, or narcotic patients.

Institutional Purpose Institutional purpose shall mean primary and secondary schools, churches, hospitals, institutions of higher education and any governmental purpose.

Integrity Authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period.

Inventory A list of historic properties that have been identified and evaluated as meeting specified criteria of significance.

Junk The term Junk is defined to mean and shall include scrap metals and their alloys, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles, used boats or airplanes, tires, and other manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition, and subject to being dismantled for Junk.

Kindergarten A school or class of young children four (4) to six (6) years old that develops basic skills and social behavior by games, handicraft, and other means.

Kiosk A freestanding structure located within a pedestrian circulation area and used for the posting of notices or advertisements or the sale of food, flowers, newspapers, or other goods approved by the City.

Land Planner A person(s) other than Surveyors or Engineers who also possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial and other related developments; such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum or by actual experience and practice in the field of land planning and who is a member of the American Planning Association.

Laundry, Commercial An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.

Laundry, Dry Cleaning Drop-Off/Pick-Up Fabrics, clothes, and linens cleaning shop or drop-off/pick-up station that serves as an outlet for a larger off-site facility and does not exceed six thousand (6,000) square feet of Floor Area.

Laundry, Self-Service A laundromat facility not exceeding four thousand (4,000) square feet in Floor Area where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

Letter of Final Acceptance Notification to an Applicant from the City Engineer that all improvements are completed, inspected, tested (if applicable), and determined by the City to be in conformance with this UDC and with the City's design/engineering standards and all improvements are accepted by the City or will be accepted contingent to the approval of a Final Plat.

Levee A man-made 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.

Library A resource center open to the public that typically contains collections of books, periodicals, films, and recorded music for its members to read, borrow, or refer to; in addition, these facilities often include computer/internet access, meeting room space, study rooms, and snack bars.

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Light Industrial and Assembly Processes The fabrication, assembly, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing. Processes do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and do not generate noise or vibration at the property boundary that is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. Differs from Heavy Industrial or Manufacturing Operations use classification due to the minimal impacts on surrounding properties.

Light pollution Any adverse effect of artificial light including such things as sky glow. See also Light trespass.

Light trespass Light emitted from fixtures design or installed in a manner that unreasonably causes light to fall on a property other than the one where the light is installed, in a motor vehicle driver's eyes, or upwards to the sky.

Lighting Any source of light that does not include natural light emitted from celestial objects or fire. The term includes any type of lighting, fixed or movable, designed or used for outdoor illumination of buildings or homes, including lighting for billboards, streetlights, canopies, gasoline station islands, searchlights, illuminated advertising signs, and area-type lighting.

Liquor Store Establishments engaged in the sale of alcoholic beverages for off-premises consumption.

Local Street See Street, Local.

Lot Land occupied or to be occupied by a building and its Accessory Structures, together with such open spaces as are required under this UDC, and having its principal frontage upon a street or officially approved place.

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Lot Depth The mean horizontal distance from the front street line to the rear line.

Lot Frontage The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage.

Lot Lines The lines bounding a lot as defined herein.

Lot of Record A lot that is part of a subdivision, a map of which has been recorded in the office of the County Clerk.

Lot Width The mean horizontal distance between side lines measured at right angles to the depth.

Lot, Corner A lot situated at the junction of two or more streets.

Lot, Flag A lot located behind another lot connected to the street by an area narrower than the full lot width.

Lot, Interior A lot that does not have side lot frontage on any street.

Lot, Through An interior lot having frontage on two streets. Such through lot shall provide a front yard on each street.

Low Impact Design Low Impact Design is an approach to land planning and engineering to promote green infrastructure. It emphasizes conservation and use of on-site natural features to protect storm water quality, alternative energy systems, water conservation, use of recycled materials, and other similar attributes in order to minimize the ecological footprint of a development.

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.

Lumen The unit of measurement used to quantify the amount of light produced by a bulb or emitted from a fixture (as distinct from "watt," a measure of power consumption). For the purposes of this article, the lumen output values shall be the initial lumen output ratings of a lamp as defined by the manufacturer, multiplied by the lamp efficiency. Lamp efficiency of 95% shall be used for all solid-state lamps and 80% for all other lamps, unless an alternate efficiency rating is supplied by the manufacturer. The initial lumen rating associated with a given lamp is generally indicated on its packaging or may be obtained from the manufacturer.

Lumens per acre The total number of lumens produced by all laps utilized in outdoor lighting on a property divided by the number of acres, or part of an acre, with outdoor illumination on the property.

Manual on Uniform Traffic Control Devices The Manual on Uniform Traffic Control Devices, or MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public traffic. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.

Manufactured Home Park A unified development of Manufactured Home sites or lots that have been divided for the purpose of individual ownership or for rental or lease, and that is governed by the provisions of the Subdivision Regulations and Development Standards of the City.

Manufactured Home Park or Subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured Home Sales The offering for sale, storage, or display of Manufactured Housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured Housing Any one of three types of prefabricated housing products that are typically manufactured or assembled at a location other than the end user's permanent site, and that are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.) and the Texas Occupations Code Chapter 1202. Industrialized Housing and Buildings. For the purpose of this UDC, there are three types of manufactured homes:

Mobile Home.
a. A mobile home is any manufactured home that was constructed prior to June 15, 1976.

i. As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, that is constructed with a base section so as to be independently self-supporting, and that does not require a permanent foundation for year-round living.

b. Manufactured Home.

i. Manufactured Homes are regulated by HUD Code. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976. A HUD-Code manufactured home will display a red certification label on the exterior of each transportable section.

ii. As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, that can be used as a residential dwelling either with or without a permanent foundation.

c. Modular Home.

i. Modular Homes are regulated the same as a traditional home. Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes. See 2.06.06. A.6 Modular Home.

ii. As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f-1.), a structure or building module that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a permanent residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include a Mobile Home or Manufactured Home as defined in the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.).

Marquee A shelter projecting from and supported by the exterior wall of a building constructed of rigid materials on a supporting framework. A marquee is distinguished from a canopy in that a marquee is cantilevered, whereas a canopy is supported by posts or other devices beyond the building wall.

Masonry a. Class 1: Masonry Construction. Class 1: Masonry Construction shall include the following exterior construction materials: fired brick, veneer brick, natural and manufactured stone, granite, marble, Architectural Concrete Block (earth-tone coloring integrated into the masonry material), or tilt-wall replicating any of the aforementioned materials.

b. Class 2: Masonry Construction. Class 2: Masonry Construction shall include the following exterior construction materials: all Class 1: Masonry Construction, cement fiber board, and 3-step stucco process.

c. Class 3: Masonry Construction. Class 3: Masonry Construction shall include the following exterior construction materials: all Class 1: Masonry Construction, Class 2: Masonry Construction, and EIFS.

Mean Sea Level For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

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Medical Clinic A group of offices for one or more physicians, surgeons, chiropractors, dentists, or other related healthcare professionals engaged in treating the sick or injured, but not including rooms for the abiding of patients.

Minor Additions Minor additions are those activities that will expand or alter the surface area and can be performed by anyone that does not require: skilled craftsmanship or specialty work without having to be extensively trained, does not require a permit of license from city, county or state to perform the work, or does not impact life, safety and welfare of persons associated with the addition.

Minor Alterations Minor alterations are those activities that does not impact the overall characteristic appearance or significantly change the specific use of the item being altered and can be performed with non-skilled labor.

Minor Repairs Minor repairs are those activities that can be performed by anyone to restore areas or repair cosmetically to a like new appearance that does not require: skilled craftsmanship or specialty work without having to be extensively trained, does not require a permit of license from city, county or state to perform the work, or does not impact life, safety and welfare of persons associated with the repair.

Mixed Use A development that integrates a variety of land uses typically including residential, office, and retail uses.

Mixed Use Building A structure that integrates a variety of uses typically including residential, office, and retail.

Mobile Retail/Service A vendor who operates or sells merchandise or provides a service (retail, barber shop, gym etc.) from a cart, trailer or chassis, with an engine for propulsion or that remains connected to a vehicle with an engine for propulsion. Also referred to as a "mobile retail/service vendor". See Article 8.05.004, 8.05.005 Mobile and Portable Food Vendors of the City's Code of Ordinances for additional requirements regarding operations and permitting requirements.

Modular Home See Modular Home under the definition of Manufactured Housing.

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.

Movie Theatre or Cinema A specialized theater for showing movies or motion pictures.

Multitenant Center A commercial, office or industrial development where there are located several separate business activities having appurtenant shared facilities, such as driveways, parking and pedestrian walkways, and that is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multitenant center may, but need not, include common ownership of the real property upon which the development is located, common wall construction, and multiple occupant use of a single structure.

Multi-Use Path A path in the public right-of-way that is physically separated from motor vehicle traffic by an open space or barrier primarily for use by bicyclists and pedestrians for transportation and recreation purposes.

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

Net Site Area Includes only the portions of a site that lie in an uplands zone and have not been designated for wastewater irrigation. Net site area is also the aggregate of: 100 percent of the land with a gradient of 15 percent or less; 40 percent of the land with a gradient of more than 15 percent and not more than 25 percent; and 20 percent of the land with a gradient of more than 25 percent and not more than 35 percent.

Net Site Depth The depth of all developable land.

Net Site Width The width of all developable land along fronting onto the primary street.

New Construction (Pertaining to Flooding) For the purpose of determining insurance rates, structures for which the "Start of Construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "Start of Construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

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

Nit A nit shall mean a measure of luminance with 1 nit equal to 1 candela per square meter (1cd/m2). An ordinary wax candle generates approximately one candela of luminance.

Nonconforming Lot A lot that is classified as legal nonconforming per 2.10.13. Nonconforming Lots, Structures, and Uses.

Nonconforming Structure A structure that is classified as legal nonconforming per 2.10.13. Nonconforming Lots, Structures, and Uses.

Nonconforming Use A use of land that is classified as legal nonconforming per 2.10.13. Nonconforming Lots, Structures, and Uses

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Nondepostory Financial Institution/Payday Lending Establishment This definition includes all uses addressed by Article 8.06 Nondepository Financial Institutions of the City's Code of Ordinances.

Nonresidential Use Any use other than a residential use.

Nursery/greenhouse, retail/wholesale An enterprise that conducts the sale of plants grown on an or off premises, includes growing, cultivation, storage, and sale of garden plants, flowers, trees and shrubs, soil mulch and lawn or patio furniture and related accessories to the general public and to landscapers, developers, builders, and retail nurseries.

Object A physical item associated with a specific setting or environment that is movable by nature or design, such as statuary in a designed landscape. The term object is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed.

Occupiable Space A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities.

Octave Band A level of frequency measured in cycles per second detected by a sound level meter used for measurement of noise. "noise" consists of two characteristics: Frequency (octave bands) and loudness (decibels). Higher frequencies have a higher-pitched sound, while lower frequencies have lower-pitched sounds that are less noticeable to the human ear; therefore, lower octave bands can have higher decibels while producing an equivalent level of disturbance. See 2.09.14.A.

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Office, Professional, Medical, or Business A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

Office/Showroom An establishment with no more than 40% of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales area, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. No commercial Heavy Truck traffic used for distribution or delivery. This use is not intended for automobile service.

Office/Warehouse An establishment with no more than 75% of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales area, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. Commercial Heavy Truck traffic is minimal.

Official Submission Date A calendar of official submission dates for subdivision related Applications requiring Planning and Zoning Commission recommendation/approval and City Council approval pursuant to Texas Local Government Code Chapter 212 (if applicable) shall be published by the City thirty (30) calendar days prior to the beginning of each calendar year or within six (6) months after the adoption of this UDC. This calendar shall specify two "official submittal dates" for each month. All Applications delivered to the City on a date other than a scheduled date shall be dated received on the next official submittal date.

Official Vesting Date
Pursuant to Texas Local Government Code Chapter 245, an Application or plan for development is considered filed on the date the Applicant delivers the Application or plan to the City or deposits the Application or plan with the United States Postal Service by certified mail addressed to the City. A certified mail receipt obtained by the Applicant at the time of deposit is prima facie evidence of the date the Application or plan was deposited with the United States Postal Service. Every Application or plan is subject to a determination of completeness by the Responsible Official for processing the Application pursuant to:
a
. 2.10.01.B. Determination of Completeness for Zoning-Related Applications, and

b. 3.02.01.B. Determination of Completeness for Subdivision-Related Applications.

Off-Site Facilities Any Distribution Main (Pertaining to Water Reuse) or Transmission Main as defined herein.

Onion Creek Watershed The land area that drains to Onion Creek.

On-Site Facilities Any Reuse Water transport or distribution lines on the User (Pertaining to Water Reuse)'s side of the Reuse Water meter. On-site Reuse Water mains are built by the User (Pertaining to Water Reuse) and subject to permitting, the City's regulations and inspection and minimum standards of Chapter 210 of the TAC.

Open Space Building
An open space building includes decks, fountains, pavilion, picnic shelter, public art display, sport courts, terrace, playground equipment or other structures that add a recreational element to the primary use of the land.

Operated or Causes to be Operated Operated or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a use, whether or not that person is an owner, part owner, licensee, or manager of the establishment.

Order of Demolition An order issued by the Historic Preservation Commission indicating approval of plans for demolition of a designated landmark or property within a designated district.

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

Ornamental Grasses Decorative grasses used in landscaping. See the Approved Plant List maintained by the Director of Planning.

Ornamental Tree A smaller tree intended to provide aesthetic benefit rather than significant shade. See the Approved Plant List maintained by the Director of Planning.

Outdoor Amenity Zone The portion of developable land that must be allocated for outdoor uses.

Outdoor lighting The temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Nonresidential fixtures that are installed indoors that cause light to shine outside are considered outdoor lighting. Residential fixtures installed indoors generating more than 6,200 lumens that cause light to shine outside are also considered outdoor lighting.

Outside Display The temporary outside display of finished goods for retail purposes. Finished goods are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage (i.e., Outside Storage) of such finished goods. Examples of outside display include the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing. For information regarding possible regulations, see 2.06.05. Use Chart and 2.06.06. Conditional Standards.

Outside Storage The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than twenty-four (24) hours. For information regarding regulations, see 2.06.05. Use Chart and 2.06.06. Conditional Standards.

Overlay District Zoning, applied over one or more other districts, creates a second, mapped zone that is superimposed over the conventional zoning districts. Overlay district typically provide for a higher level of regulations in certain areas such as transit station areas, downtown areas, and historic districts, but may also be used to permit exceptions or less restrictive standards (fewer parking spaces in a downtown or transit station area, or more density in an economic development area).

Owner The individual, corporation, partnership, or other legal entity in whom is vested the ownership, dominion, or title of property and who is responsible for payment of ad valorem taxes on that property; including a Lessor or Lessee if responsible for payment of ad valorem taxes.

Park, Playground, or Community Center, Public An open recreational facility or park owned and operated by a public agency such as the City or the School District, and available to the general public.

Parking Area, Public An open area other than a street, alley or place, used for temporary parking of more than four (4) self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.

Parking Setback The minimum amount of space required between a lot line and the parking area line.

Parking Space Open space or garage space reserved exclusively for the parking of a vehicle.

Parking Structure A structure devoted to the parking or storage of automobiles. May include, in the case of a Parking Structure only, a facility for servicing of automobiles, provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress.

Parks and Recreation Commission An advisory commission to the City Council on matters pertaining to the development, acquisition, construction, and general policy affecting parks and recreation.

Parkway Street See Street, Parkway.

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

Pawn Shop An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker).

PD Concept Design Map A map depicting the development plan for the area of a Planned Development (PD). A PD Concept Design Map combined with a PD Design Statement forms a Planned Development Master Plan. (See 2.10.08. Planned Development (PD) Regulations and Procedures).

PD Design Statement A map depicting the development plan for the area of a Planned Development (PD). A PD Concept Design Map combined with a PD Design Statement forms a Planned Development Master Plan. (See 2.10.08. Planned Development (PD) Regulations and Procedures).

Pedestrian Zone The area between the private lot line and the edge of the vehicular lane. A public frontage usually includes walkways, planters and lighting (i.e. such as the public sidewalk).

Perimeter Street A street that abuts a parcel of land to be subdivided on one side.

Person Person means an individual, firm, association, organization, partnership, trust, foundation, company, or corporation.

Planned Development Master Plan The Planned Development Master Plan (which is submitted with the Application for rezoning) consists of a PD Design Statement and a PD Concept Design Map. (See 2.10.08. Planned Development (PD) Regulations and Procedures).

Planning and Zoning Commission The Planning and Zoning Commission of the City.

Plat A map or chart of the subdivision, lot or tract of land. It shall include the term plan, plat or re-plat, in either singular or plural.

Plumbing or Heating/Cooling Store Establishments primarily engaged in retails sales of plumbing, heating, and air-conditioning equipment, including storage for ordinary repair, but without warehouse facilities or materials for contracting work.

Pocket Neighborhoods A type of planned community that consists of grouping of smaller residences, often around a courtyard or common garden, designed to promote a close knit sense of community and neighborliness with an increased level of contact. Considerations involved in planning and zoning pocket neighborhoods include reducing or segregating parking and roadways, the use of shared communal areas that promote social activities, and homes with smaller square footage built in close proximity to one another (high density). Features in the smaller homes are designed to maximize space and can use built in shelves and porch areas, encouraging time spent outside with a focal point around a greenspace (instead of parking areas).

Point of Connection A location where Off-Site Facilities and, unless otherwise set forth in the Reuse Water Service Agreement, is the point at the downstream end of the Water Department Reuse Water Service

Point Recharge Feature A cave, sinkhole, fault, joint, or other natural feature that lies over the Edwards Aquifer recharge zone and that may transmit a significant amount of surface water into the subsurface strata.

Police, Fire, or Emergency Medical Services Station Protection centers operated by a governmental or other public agency, including administrative offices, storage of equipment, temporary detention facilities, and the open or enclosed parking of safety vehicles; excluding, however, correctional institutions.

Portable Building Sales A site on which factory-manufactured portable buildings or storage buildings are displayed and offered for sale or order to the general public.

Pre-Application Meeting A voluntary meeting between the prospective Applicant and City staff to exchange information in a non-binding manner. See Subsection 1.04. Pre-Application Meeting.

Preexisting Towers and Preexisting Antennas Any Tower or Antenna for which a building permit or Special Exception has been properly issued prior to the effective date of this Ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

Preliminary Drainage Plan This plan shows the watershed affecting the development and how the runoff from the fully-developed watershed will be conveyed to, through, and from the development. See 3.05.12.I. Preliminary Drainage Plan.

Preliminary Plat The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in plan view existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of the proposed development. The Preliminary Plat shall serve as a means for the City to review and study the proposed division of land or improvements. See 3.03.05.

Preliminary Utility Plan A plan detailing both Water Utility and Wastewater Utility requirements. See 3.05.13.C. Preliminary Utility Plan.

Preservation The stabilization of an historic building, its materials and features in their present condition to prevent future deterioration. Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time. (Protection and Stabilization have now been consolidated under this treatment.)

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

Primary Street A street that is predominately bordered by front lot lines and which the front facade of a structure would normally face.

Principal Use The primary or predominant use of any lot or building.

Printing Press/Duplication Shop or Mailing Center An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving; or a commercial business that conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal Service and private service), and provides mailboxes for lease.

Prisons or Detention Facilities Public or private facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

Progress towards Completion Progress towards completion of the project shall include any one of the following:

a. An Application for a Final Plat or plan for development is submitted;
b. A good-faith attempt is made to file with the City or County an Application for a permit necessary to begin or continue towards completion of the project;
c. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five (5) percent of the most recent appraised market value of the real property on which the project is located;
d. Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
e. Utility connection fees for the project have been paid to a regulatory agency.

Public Facilities for Local, State, or Federal Government Facilities such as office buildings, maintenance yards, equipment yards, service facilities, shops, water storage facilities, utility buildings and lines, etc.

Public Improvement Any Improvement, facility or service together with its associated public site, Right-of-Way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the City ultimately assumes the responsibility, upon a Letter of Final Acceptance being issued, for maintenance, operation, or ownership.

Radio or TV Station Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers.

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

Record Drawings A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements that have been verified by the contractor as their installation or construction occurs during development. The Record Drawings shall reflect the Construction Plans (or working drawings) used, corrected, or clarified in the field.

Record Plat See Final Plat.

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

Recreational Vehicle A vehicle that is (1) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational Vehicle (RV) Park
A parcel of land designed, improved, or intended to be used for short- or long-term occupancy by recreational vehicles (including travel trailers) in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, Accessory Structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Regularly Regularly means featuring, promoting, performing, permitting, doing or advertising an event or other happening or occurrence on a recurring or routine basis involving any length of time.

Regulating Plan A map that shows the location of areas subject to, or potentially subject to, regulation by this Form Based Code.

Regulatory Flood Datum An established plane of reference from which elevations and depth of flooding may be determined for specific locations of the floodplain. It is the water level of the base flood plus a freeboard factor of two feet. Base flood plus freeboard equals Regulatory Flood Datum.

Regulatory 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.

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

Replat The re-subdivision of any or part or all of any block or blocks of a previously platted subdivision, addition, lot or tract, that is beyond the definition of an Amending Plat and that does not require the vacation of the entire preceding plat. Such plat also conforms to 3.03.08. Replat. A Replat can function as a Final Plat for a property.

Research and Development Laboratory (Life Sciences) A facility that includes laboratories and experimental equipment for medical testing, agricultural research, and biological research.

Research and Development Laboratory (Technology) A facility that includes laboratories and experimental equipment for prototype design, engineering, and product testing.

Residential District Residential district means a single family, patio home, duplex, townhouse, multifamily or mobile home zoning district as defined in the Zoning Regulations.

Residential Use Residential use means use of a structure as a residence.

Responsible Official The City staff person designated by the City Manager to accept a type of development Application for filing, to review and make recommendations concerning such Applications, and where authorized, to initially decide such Applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions of development Applications.

Restaurant or Cafeteria, with Curb or Drive-Thru Service An establishment engaged primarily in the business of preparing food and purveying it on a self-serve or semi self-serve basis. Customer orders or service may be by means a window designed to accommodate automobile traffic. Consumption may be either on or off the premises.

Restaurant or Cafeteria, without Curb or Drive-Thru Service An establishment serving food to be consumed primarily while seated at tables or booths within a building.

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

Retail Store, Big Box "Big Box" uses are defined as single-tenant retail buildings over 70,000 square feet providing goods to the general public.

Retail Store, Shop 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.

Retaining Wall A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures and vehicles.

Reuse Water Wastewater that is collected through a City of Buda wastewater treatment plant(s), treated to a quality that meets or exceeds the TCEQ's authorization to the Hays County WCID No. 1 or TAC Chapter 210 requirements.

Reuse Water Distribution System The system of pipes and related facilities for the distribution, use, and sale of Reuse Water by the City or the City's contractors.

Reuse Water Service The furnishing of Reuse Water to a User (Pertaining to Water Reuse), through a metered connection, to On-Site Facilities.

Reuse Water Service Agreement A standard agreement, between a User (Pertaining to Water Reuse) and the City that establishes the conditions and terms for delivery and use of Reuse Water.

Reuse Water Service Area The territory within the City limits and within its extraterritorial jurisdiction (ETJ) as authorized by TCEQ, and as it may later be amended.

Right-of-Way A parcel of land occupied or intended to be occupied by a street or alley. A Right-of-Way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use. The use of Right-of-Way shall also include parkways and medians outside of pavement. For platting purposes, the term "Right-of-Way" shall mean that every Right-of-Way shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining such Right-of-Way and not included within the dimensions or areas of such lots or parcels.

Riverine Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Rock/Crushed Rock Landscape Base Stone or crushed stone material used for landscaping.

Rodeo A facility for the public performance featuring bronco riding, calf roping, steer wrestling, and bull riding.

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.

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School, Career Career schools including programs such as dental assisting, pharmacy technician, nurse aide, veterinary assistant, etc.

School, Private or Public Includes all school facilities providing K-12 education (Kindergarten, elementary, middle school, high schools).

Seamstress or Tailor Shop Establishments primarily engaged in manufacturing or modifying clothing.

Seasonal lighting a. Temporary lighting usually associated with specific celebrations that includes the following types:
Festoon type low-output lamps limited to small individual bulbs on a string.
b. Low-output lamps used to internally illuminate yard art.
c. Flood or spotlights producing less than 2,000 lumens each, whose light source is not visible from any other property, and which are used only as temporary lighting.

Seasonal Sales A standalone use for temporary retail sales of seasonal items, such as Christmas trees or pumpkins. This use is different from Outside Display because it is the primary use of the property.

Secondary Street A street not predominately bordered by front lot lines.

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

Setback The minimum amount of space required between a lot line and a building line.

Setback Line A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot.

Shade Tree A plant having at least one well-defined stem or trunk at least three (3) inches in caliper and has a canopy that screens and filters the sun. See the Approved Plant List maintained by the Director of Planning.

Sharrow A shared lane marking (double-chevron and bicycle) on a lane of a paved road's surface indicating that bicyclists may use any portion of the full width of the lane. See the Manual on Uniform Traffic Control Devices (MUTCD).

Shoe Repair Shop An establishment with the principal business of repairing shoes.

Shooting Range, Indoor A facility for shooting at targets with rifles, pistols, shotguns, or other weapons for the purpose of target practice or temporary competition.

Shooting Range, Outdoor The use of land for archery or discharging firearms for the purpose of target practice or temporary competition.

Short-Term Residential Rental A residential unit offered for rental to guests for residential purposes for a period of one (1) to thirty (30) nights. Examples include, but are not limited to, Airbnb, Vacation Rentals by Owner, HomeAway, and other brokers. Such rentals may include a shared room, a single room, or the entire dwelling unit. These uses are conducted by the homeowner or tenant, not by a hotel or other business.

Shrubs Woody plants that usually remain low and produces shoots or trunks from the base; it is not usually tree-like or single-stemmed. See the Approved Plant List maintained by the Director of Planning.

Sign, Abandoned A sign for which no legal owner can be found.

Sign, Animated A sign that has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance in a manner that is not otherwise permitted by these regulations.

Sign, Awning A sign that is printed on any of the surfaces of a fabric awning, and which may include an under-awning sign attached to and mounted under the awning.

Sign, Banner Any sign of lightweight fabric or similar material that is mounted to a building, poles, railings or other structural parts of the building with or without frames. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Sign, Building Any sign attached to any part of a building, as contrasted to a freestanding sign.

Sign, Building Marker Any sign cut into a masonry surface of a building or made of bronze or other permanent material.

Sign, Canopy A sign attached above, below or to the face of a canopy, and which may include an under-canopy sign attached to and mounted under the canopy. A marquee is not a canopy.

Sign, Changeable Copy A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign designed or operated in such a way to allow the display to change electronically is an electronic message sign or a CEVMS and not a changeable copy sign for the purposes of this Code.

Sign, Changeable Electronic Variable Message Any sign which permits light to be turned on or off intermittently or which operate in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an electronic message sign, a light emitting diode (LED) or digital sign and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic device and that is described and identified in the Manual on Uniform Traffic-Control Devices approved by the Federal Highway Administrator as the National Standard.

Sign, Dilapidated Any sign that has become or has been caused to become partially ruined and in need of repairs, as through neglect.

Sign, Drive-Thru or Drive-In A sign erected in conjunction with a use that incorporates a drive-thru or drive-in, placed adjacent to a drive-thru lane or drive-in parking space.

Sign, Electronic Message A sign that includes provisions for programmable electronic message changes.

Sign, Freestanding Any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure. Types of Freestanding Signs may include Pole and Pylon Signs and Monument Signs, among others.

Sign, Hanging A two-sided sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. A hanging sign is not a marquee sign.

Sign, Human A sign carried or worn by a person, whether on public or private property.

Sign, Incidental A directional or way-finding sign, secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives without a commercial message.

Sign, Inflatable (including Tethered Balloons) An object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.

Sign, Marquee Any sign attached to, in any manner, or made a part of a marquee. A marquee sign is not a suspended sign.

Sign, Monument A Freestanding Sign attached to a pedestal or perimeter wall.

Sign, Moving A sign having visible moving, revolving, or rotating parts, or visible mechanical movement of any kind, except for the movable hands on street clocks, or other apparent visible movement achieved by electrical, electronic, wind actuation or mechanical means, except for time/temperature/date signs.

Sign, Nonconforming Any sign that was erected or permitted prior to the adoption date of this chapter, and that does not conform to the provisions of this code.

Sign, Obscene A sign displaying any matter in which the dominant theme of the material taken as a whole appeals to the prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value, which the erection or display violates Texas Penal Code Chapter 42.01 Disorderly Conduct.

Sign, Off-Premises Any sign that advertises a commercial message regarding a commercial activity not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.

Sign, On-Premises Any sign that advertises a commercial message on the premises where the sign is installed and maintained when such premises is used for business purposes.

Sign, Pole and Pylon A freestanding sign supported by a single or multiple poles, which may include an exposed pole or concealed support.

Sign, Portable Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and umbrellas used as advertising.

Sign, Projecting Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Sign, Residential Any sign located in a district zoned for residential uses that contains no commercial message.

Sign, Roof Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Sign, Sidewalk A special type of temporary sign intended to be viewed from the pedestrian realm.

Sign, Snipe A sign posted on a utility pole, street sign or other street furniture; or any other sign placed within a public right of way or public property or on private property such that it is visible from a public right of way or public property. This includes signs with wood or wire framing, posts or stakes, as well as signs tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects.

Sign, Temporary Any sign that is used only temporarily and is not permanently mounted.

Sign, Wall Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, that is supported by such wall or building, and that displays only one sign surface.

Sign, Window Any sign, pictures, symbol, or combination thereof, designed to communicate a commercial message that is placed inside a window or upon the window panes or glass, and is visible from the exterior of the window.

Site The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing structure.

Site Plan A Site Plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development.

Sketch Plan A sketch or informal plan prepared prior to the preparation of the Preliminary Plat or Site Plan describing the proposed design of the subdivision or site to be reviewed during the pre-Application review process

Small Solar Energy Systems Any device that relies upon direct sunlight as an energy source, including but not limited to any device that collects sunlight for generating energy for use on-site; Used to produce power for the same property/building on which the system is located.

Small Wind Energy Systems A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which will be used to reduce on-site consumption of utility power.

Special Flood Hazard Area See Area of Special Flood Hazard.

Specific Use Permit An approval for a specific use that has been determined to be more intense or to have a potentially greater impact than a use permitted-by-right within the same zoning district. See 2.10.09. Specific Use Permit (SUP) Regulations and Procedures.

Stable, Boarding A stable and related open pasture where horses are quartered for owners on a fee basis.

Stable, Commercial An establishment where horses are kept and rented to the general public for riding.

Stadium or Play Field An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium.

Standard Development Review Review of submitted applications in accordance with Texas Local Government Code Section 212.009-212.0095 as amended.

Start of Construction
(For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means 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 of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a 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 Antiquities Landmark A designation made by the Texas Historical Commission and, in the case of privately owned property, with the landowner's permission. This designation can include buildings as well as archeological sites. For a building to be designated as a State Antiquities Landmark, it must first be listed on the National Register of Historic Places. Damage to a State Antiquities Landmark is subject to criminal, not civil, penalties.

State Historic Preservation Office (SHPO) The State Office responsible for administering federal historic preservation programs as defined in the National Historic Preservation Act of 1966 as amended and subsequent legislation. The Executive Director of the Texas Historical Commission serves as SHPO for 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 Facilities (Pertaining to Water Reuse) Impoundment or structural tanks that receive and store Reuse Water.

Storage Units, Mini A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage does not occur within any individual storage unit.

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Storefront Storefronts are defined as the part of the building that fills the structural bay on the front facade at ground level.

Story That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

Street A public Right-of-Way that provides vehicular traffic access to adjacent lands.

Street Width The shortest distance between the property or easement lines that delineate the Right-of-Way of a street.

Street, Arterial An Arterial Street as indicated by the Buda Transportation Master Plan.

Street, Collector A Collector Street as indicated by the Buda Transportation Master Plan.

Street, Local A Local Street as indicated by the Buda Transportation Master Plan.

Street, Parkway A Parkway Street as indicated by the Buda Transportation Master Plan.

Structural Alterations Any change in any supporting member of a building, such as a bearing wall, column, partition, beam, or girder, or a change in the pitch or height of the roof.

Structure A term used to distinguish specific types of functional constructions from buildings that are usually made for purposes other than creating shelter. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

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

Subdivision The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and shall include re-subdivision. Any other subdivision or re-subdivision of land contemplated by the provisions of Chapter 212, Local Government Code.

Subdivision Waiver See Waiver (Subdivision), see 3.06.01.

Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the fair market value of the structure before the damage occurred. Substantial damage is cumulative of the total value of restorations from all flood events to that structure.

Substantial Improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "Start of Construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:

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

SUP See Specific Use Permit.

Surveyor A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State to practice the profession of surveying.

Tattoo Studio A commercial use involving the marking of skin of persons with a design by a process of pricking or ingraining an indelible pigment or by raising scars, or similar method.

Taxi Garage or Dispatch A service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or vans.

TCEQ Texas Commission on Environmental Quality and its successor agencies.

Telecommunications Tower Any structure that is designed and constructed for the purpose of supporting one 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.

Telephone Exchange (No Offices or Storage Facilities) A building used exclusively for the transmission and exchange of telephone messages, but the term shall not include wireless service towers.

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Temporary Building A temporary, modular structure or shelter used in connection with the construction of a development or building project, or for the temporary placement of offices, classrooms, or similar purposes. See 2.06.05. Use Chart and 2.06.06. Conditional Standards.

Temporary lighting Lighting intended for uses which by their nature are of limited duration. Examples include holiday decorations, construction projects, and community events.

Thoroughfare See Arterial Street.

Traditional Neighborhood Design Traditional Neighborhood Development, or TND, also known as a village-style development, includes a variety of housing types, a mixture of land uses, an active center, a walkable design and often a transit option within a compact neighborhood scale area. TNDs can be developed either as infill in an existing developed area or as a new large scale project. A TND includes a range of housing types, a network of well-connected streets and blocks, a variety of public spaces, and amenities such as stores, schools and places of worship within walking distance of residences. TND reflects an approach to development common prior to World War II.

Trailer A portable dwelling unit designed to move on wheels from location to location by automobile or truck.

Transmission Main A Reuse Water main including pumping and monitoring facilities.

Transparency Glass or other transparent or translucent materials that are installed on the exterior facade.

Transportation Master Plan The plan that guides the development of adequate circulation within Buda, and connects the Buda street system to regional traffic carriers. Also, referred to as the Thoroughfare Plan.

Travel Lane A lane used for the movement of vehicles traveling from one destination to another, not including shoulders.

Tree Caliper Diameter of a tree measured at four (4) feet above finished grade. For multi-trunk species, caliper measurement will be based on the diameter of the main trunk plus one-half (1/2) of the diameter of the remaining trunks measured at the same height.

Truck terminal/travel plaza or truck stop A facility where commercial trucks, including tractors and trailer units are maintained, serviced, stored, parked or repaired. Accessory uses may include offices, fueling or washing and the temporary storage of loads prior to shipment. Additional uses also include the overnight accommodations, showers, restaurant facilities, game rooms, and sales primarily intended for truck crews and interregional travelers.

Turf Grass Grassy groundcovering used for landscaping. See the Approved Plant List maintained by the Director of Planning.

TV Antenna An antenna that enables the receipt of television signals transmitted from broadcast stations.

UDC See Unified Development Code.

Underground Storage Tank Any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more beneath the surface of the ground. See Texas Administrative Code Title 30 Environmental Quality.

Unified Development Code The adopted Unified Development Code (UDC) of the City, as may be amended in the future, and may be referred as "this Ordinance."

Upland Zones All land and waters not included in a critical water quality zone or a water quality transition zone.

Uplighting Lighting that is directed in such a manner as to project light rays above the horizontal plane running through the lowest point on the fixture were light is emitted.

User (Pertaining to Water Reuse) A private party to a Reuse Water Service Agreement with the City.

Utility Easement See Easement.

Vertical Clearance A space left open and unobstructed by fences, structures, shrubs, trees or other plant life along streets at the corner in front of the building line of lots contiguous to intersecting streets.

Vested Rights Petition A request for relief from any standard or requirement of the UDC's Zoning Regulations or Subdivision Regulations and Development Standards based on an assertion that the Applicant (petitioner for relief) has acquired a vested right under previous regulations. Such petition are regulated under 2.11.05. Zoning Vested Rights Petition and 3.06.03. Subdivision Vested Rights Petition.

Violation (Flood Protection) The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the Elevation Certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program is presumed to be in violation until such time as that documentation is provided.

Waiver (Antennas) A grant of relief from the antenna location regulations. See 4.03.07. Antenna Location Waiver.

Waiver (Flood Protection) A grant of relief by a community from the terms of a floodplain management regulation. See 4.06.03.D. Waiver Procedures. (For full requirements, see Section 60.6 of the National Flood Insurance Program regulations. Also referred to as a "variance".)

Waiver (Subdivision) A change to the standards or intent of the UDC's Subdivision Regulations and Development Standards, which involves Planning and Zoning Commission and City Council approval. See 3.06.01. Petition for Subdivision Waiver.

Warehouse Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.

Water Department The City of Buda's Water Department.

Water Quality Control A structure, system, or feature that provides water quality benefits by treating stormwater run-off. These are also referred to as best management practices or BMPs.

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.

Wetland A transitional land between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water, and conforms to the Army Corps of Engineers' def

Wholesale Center An establishment or place of business primarily engaged in selling or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users; and to other wholesalers.

Winery, Macro An establishment that produces at least 250,000 gallons of wine, which may be consumed on or off site. Such businesses hold a Winery Permit (G) and are regulated by the Texas Alcoholic Beverage Commission.

Winery, Micro An establishment that produces up to 250,000 gallons of wine, which may be consumed on or off site. Such businesses hold a Winery Permit (G) and are regulated by the Texas Alcoholic Beverage Commission.

Woodworking and Planing Mill Establishments with dust and noise control and primarily engaged in one or more of the following:

a. Manufacturing dimension lumber from purchased lumber;

b. Manufacturing dimension stock (i.e., shapes) or cut stock;

c. Re-sawing the output of sawmills; and

d. Planning purchased lumber.

These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.

Wrecking or Auto Salvage Yard A yard or building where automobiles or machinery are stored, dismantled or offered for sale as whole units, as salvaged parts or as processed metal.

Yard An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

Yard, Front A yard across the full width of a lot extending from the front line of the main building to the front street line of the lot.
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Yard, Rear A yard extending across the full width of the lot and measured between the rear line of the lot and rear line of the main building, except that area included in the side yard as defined below.

Yard, Side A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard.

Zoning A police power measure, enacted by a municipality, including the City, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards.

Zoning District Map The official certified map upon which the boundaries of the various zoning districts are drawn and that is an integral part of the UDC, which may also be cited as the Zoning Map. See 2.01.02. Official Zoning District Map.

Zoning Special Exception See 2.11.04. Zoning Special Exception.

Zoning Variance See 2.11.03. Zoning Variance.

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MapLink™ | Definitions

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City of Buda, TX

MapLink™ | Definitions