City of Buda - General Requirements

967/1626 Community Node
1. Intent.
According to the Comprehensive Plan, the 967/1626 Community Node should provide a mix of retail, housing, and professional office space for a catchment area of around four or five miles. Reflection of historic character and pedestrian accessibility within the node should be emphasized.

2. Regulating Plan.
The Regulating Plan serves as the zoning map for the development of the 967/1626 Community Node. Regulations in 2.08.03: Form District Standards are applied by Form District, as shown on the Regulating Plan. Interpretation of district boundaries (see § UDC-2.02.01E) applies to the Regulating Plan. When two Form Districts are present within a single property, the intent is to approach the proposed or existing road frontage.

3. Additional Requirements.

a. All development within the 967/1626 Community Node must include at least four (4) low impact development elements in addition to the required elements from Table 22 on page 155 throughout the site to minimize environmental impact and protect the Edwards Aquifer. The area in the TCEQ Recharge Zone must comply with standards in Subsection 4.05: Environmental Protection and Water Quality Regulations. The Edwards Aquifer zones may change from those depicted on the regulating plan and that the City will maintain accurate information.
b. Buildings exceeding 35’ in height require a SUP. Refer to 2.10.09: Specific Use Permit (SUP) Regulations and Procedures for SUP requirements.
c. The area in the Rural Heritage Overlay (O-R) District must comply with standards in 2.10.11: Development in the Rural Heritage Overlay (O-R) District. In the event of a conflict, the more restrictive regulations shall apply.

See § UDC-2.09.13C for detailed information on low impact design element options.

Access Management
A. Intent of Access Management. It is the intent of this section to:

1. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system;
2. Reduce conflicting turning movements and congestion and thereby reducing vehicular accidents; and
3. Maintain and enhance a positive image for the attraction of new, high-quality developments in the City.

B. Applicability.

1. A person commits an offense if the person constructs, reconstructs, relocates or in any way alters the design or operation of any driveway without first obtaining a building permit issued by the Building Official.
2. No driveway shall be allowed or permitted if, in the determination of the City Engineer, it is detrimental to the public health, safety, and welfare.

C. Common Access.

1. A Common Access Easement is required between adjacent lots used, zoned, or planned for nonresidential and multi-family uses fronting on any street section unless the City Engineer authorizes an exemption due to site constraints.
2. Common Access Easement.

a. The use of common driveways shall require the dedication of a joint-use private access easement on each affected property.
b. Said dedication shall be provided on the Final Plat of the subject properties, or be filed by separate instrument approved by the City Attorney with the County with a copy forwarded to the City.
c. The Plat shall state that the easement shall be maintained by the property owner.
d. The Common Access Easement shall encompass the entire width of the planned driveway plus an additional width of one foot on both sides of the drive. See Figure 57 for an example of a commion driveway.

D. Driveway Design for Non-State Maintained Roadways. The following standards shall be followed in the design and construction of driveways. The values in the following tables represent minimum standards to be applied in designing and locating driveways on City/County streets.

1. Driveway Dimensions and Spacing (Non-State Maintained Roadways). Table 34, Dimensions for Driveways at Non-State Maintained Roadways indicates the minimum dimensional values required for driveways along City/County maintained roadways (Local Streets, Collector Streets, Arterial Streets). See also Figure 58 for illustrative information on driveway spacing.

2. Deceleration Lanes for Driveways on Arterial Streets Required (Non-State Maintained Roadways).

a. When the turning volume for a driveway exceeds 60 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed of 40 mph to 45 mph.
b. When the turning volume for a driveway exceeds 50 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed greater than 45 mph.

E. Required Internal Storage (Minimum Throat Length/Stacking).

1. Minimum Throat Length. The driveway for any multi-family or nonresidential property that connects to an Arterial Street, Collector Street, or Local Street shall extend onto private property a minimum distance of fifteen (15) feet, but not less than the required front landscape edge width, from the Right-of-Way line before intersecting any internal circulation drive.

2. Driveway Stacking. Driveway stacking shall be provided on multi-family or nonresidential properties for corresponding driveways in accordance with Table 35. Required Driveway Stacking for driveways that provide ingress/egress to parking areas of twenty (20) or greater spaces. See Table 35 for information on required driveway stacking.

F. Adequate Sight Distance.

1. Driveways shall be prohibited where adequate sight distance is not available for the established speed limit.
2. Sight distances shall be calculated in accordance with the latest edition of the AASHTO "A Policy on Geometric Design of Highways and Streets."
3. If a field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information prepared by a registered professional engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location.

G. Sight Visibility. See Subsection 4.01: Sight Visibility Triangle.

Accessory Structures
A. All Accessory Structures.

1. Accessory Structures are prohibited within easements.
2. In no case shall an Accessory Structure exceed the height of the main structure.
3. Accessory Structures two hundred (200) square feet and larger must comply with the exterior building material and related design requirements for a main structure, except in the Agricultural (AG) District.

B. Residential Accessory Structures. The following regulations apply to Accessory Structures servicing lots zoned or used for residential uses.

1. No more than one (1) Accessory Structure for the purpose of a living quarters shall be permitted on a lot.
2. Multi-family Accessory Structures used to store equipment or provide a service function shall not be occupied as a dwelling.
3. The dimensional regulations in Table 17 shall apply to all residential Accessory Structures.

See Figure 29 for an example of an accessory structure.

C. Nonresidential Accessory Structures. The dimensional regulations in Table 18 shall apply to all Accessory Structures servicing lots zoned or used for nonresidential uses.

Antenna Facilities
General Regulations. See 4.03.03: General Regulations for detailed information.

Placement of Antenna Facilities.

This section does not apply to Amateur Radio Antennas, TV Antennas, and Satellite Receive-Only Antennas. For the purpose of determining the appropriate locations for the placement of antenna facilities, the City is divided into land use threshold areas that establish different regulations pertaining to height, location, and type of Antenna Facility. These land use thresholds are defined as follows:

A. Full Commercial ("FC"). Property within any of the Nonresidential Zoning Districts or any nonresidentially zoned Planned Development (PD).

B. Undeveloped Residential ("UR"). Property within any of the Residential Zoning Districts or any residentially zoned Planned Development (PD) that:

1. Is not a part of a recorded subdivision; or
2. Is a part of a recorded subdivision but has not had a building permit issued for a residential structure; and
3. Not located within the calculated limits of the Developed Residential ("DR") threshold.

C. Wireless Corridors ("WC"). Property within, and one hundred fifty (150) feet either side of, the Right-of-Way of a freeway or a major or minor Arterial Street, as indicated on the City's Thoroughfare Plan.

D. Developed Residential ("DR").

1. Land within any of the Form Districts (F1, F2, F3, F3H, F4, F4H, F5, F5H), or
2. Property within any of the Residential Zoning Districts or any residentially zoned Planned Development (PD) that:

a. Is a recorded subdivision that has had at least one building permit for a residential structure; or
b. Is within six hundred (600) feet of areas described in a above.

E. Setbacks for Antenna Facilities. A communications tower shall be set back from Right-of-Ways and adjacent properties in accordance with the following minimum setback requirements. Consideration toward reducing the setback shall require specifications as to the engineered "fall" characteristics of a tower and the nature of neighboring land uses. A reduction in setbacks may be granted based upon location within the above identified threshold areas, location of nearest structure, height of the tower, height of any individual section of the tower, the height of the tower structure upon collapse.

1. For new ground-mounted tower proposal sites where the allowed zoning district is adjacent to a residentially-zoned district or residential use, such tower shall not be located closer than three hundred (300) feet from the property line of a residential use or from a residential zoning boundary and not be higher than one hundred (100) feet at that distance. For every additional foot of height proposed, the tower shall be setback an additional one (1) foot.

2. For proposals extending the height of an existing ground-mounted tower that does not require modification to the existing tower foundation, where the allowed zoning district is adjacent to a residentially-zoned district or residential use, such tower shall not be located closer than the fall zone distance, defined as the entire height of the ground-mounted tower plus an additional 30 feet, from the property line of a residential use or from a residential zoning boundary.

3. Towers shall be setback a minimum of one hundred (100) feet from a public Right-of-Way classified as a major collector or of a larger classification. For a public Right-of-Way classified smaller than a major collector, the minimum setback shall be fifty (50) feet. The classification of streets, roads and highways shall be in accordance with the thoroughfare plan, as amended.

F. General Design Requirements for Antenna Facilities.

1. Any mast, pole, structure, tower, building, equipment, and other supporting material for Antenna Facilities shall be painted in earth tone colors. Exposed or galvanized metal shall be prohibited.
2. All ancillary structures associated with such towers or poles, including but not limited to an Equipment Storage Building or Structure Equipment Storage Building or Structure (Pertaining to Wireless Facilities), shall be designed in accordance with Subsection 2.09. Zoning Development Regulations.
3. All Antenna Facilities shall be landscaped and screened in accordance with Subsection 2.09. Zoning Development Regulations.

Antenna Facility Impact Levels. See 4.03.05: Antenna Facility Impact Levels for illustrations of different types of antenna facilities.

Antenna Facility Siting Matrix.
Antenna Facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where Antenna Facilities may be located as permitted uses and areas where they may be located with an Antenna Location Waiver.

Table 40. Antenna Facility Siting Matrix

Facility Type	FC	WC	UR	DR
Monopole over 120'	Waiver	Waiver	Waiver	Waiver
Monopole up to 120'	Waiver	Waiver	Waiver	Waiver
Level 4 Stealth Facility	Permitted	Permitted	Waiver	Waiver
Level 3 Stealth Facility	Permitted	Permitted	Waiver	Waiver
Level 2 Stealth Facility	Permitted	Permitted	Permitted	Waiver
Level 1 Stealth Facility	Permitted	Permitted	Permitted	Waiver

FC - Full Commercial
WC - Wireless Corridors
UR - Undeveloped Residential
DR - Developed Residential

Barton Springs/Edwards Aquifer Zone
Purpose. See 4.05.01: Purpose for detailed information.

Adoption of Water Quality Measures.

The adoption of this section is not intended to preclude the adoption, at any time, by a majority vote of the City Council, of stricter water quality requirements upon development in the Barton Springs segment of the Edwards Aquifer Recharge or Contributing Zones or of further measures to restore and protect water quality.

Applicability.

A. All development within the City and its ETJ that are located within the Barton Springs/Edwards Aquifer recharge or contributing zones shall comply with 4.05.04: Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone, see below.

B. All development within the City and its ETJ that are not located within the Barton Springs/Edwards Aquifer recharge or contributing zones shall comply with 4.05.05. Water Quality Protection outside of the Barton Springs/Edwards Aquifer Zone.

C. Exemptions.

1. These requirements are not applicable for the following:

a. Developments not located in the Barton Springs/Edwards Aquifer recharge or contributing zone with a total estimated impervious cover of twenty-five (25) percent or less;
b. Nonresidential developments with a total impervious cover area of five thousand (5,000) square feet or less;
c. Developments involving construction of less than three (3) single family residential structures or less than two (2) duplex residential structures.

2. The City shall review and approve estimates of impervious cover percentage prior to determining the applicability of this Section to a proposed development.

D. Water conservation requirements are applicable in all portions of the City and its ETJ. Parks and open space requirements are applicable in all portions of the City and its ETJ. Drainage criteria and requirements have many implications for environmental protection. See 3.05.12. Drainage and Storm Water for drainage related requirements.

Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone.

A. Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements.

1. In the Barton Springs Segment of the Edwards Aquifer Recharge Zone (hereafter referred to as Recharge Zone) no development nor any revision, extension, or amendment thereof, may be approved unless it is designed, carried out, and maintained on a site-by-site basis to meet the water quality requirements set forth below for the life of the project. Official maps locating areas within the Recharge Zone are available at City Hall.
2. The impervious cover limits shall be calculated on a net site area basis. In order to prevent pollution, impervious cover for all such development shall be limited to a maximum of 15 percent in the Recharge Zone.
3. Runoff from such development shall be managed through water quality controls (best management practices) and on-site pollution prevention with the goal that no increases occur in the respective average annual loadings of total suspended solids, total phosphorus, total nitrogen, chemical oxygen demand, and oil and grease from the site.

B. Waterways. This section classifies significant waterways according to drainage area.

1. A sub-minor waterway has a drainage area of at least 5 acres and not more than 64 acres;
2. A minor waterway has a drainage area of at least 64 acres and not more than 320 acres;
3. An intermediate waterway has a drainage area of more than 320 acres and not more than 640 acres; and
4. A major waterway has a drainage area of more than 640 acres.

C. Critical Water Quality Zones. A critical water quality zone is established along each waterway defined under B Waterways.

1. The boundaries of a critical water quality zone coincide with the boundaries of the 100 year flood plain as delineated by the Federal Emergency Management Agency (FEMA), except:

a. For a sub-minor waterway, the outer boundaries of the critical water quality zone are located not less than 25 feet and not more than 50 feet from the centerline of the waterway;
b. For a minor waterway, the outer boundaries of the critical water quality zone are located not less than 50 feet and not more than 100 feet from the centerline of the waterway;
c. For an intermediate waterway, the outer boundaries of the critical water quality zone are located not less than 100 feet and not more than 200 feet from the centerline of the waterway;
d. For a major waterway, the outer boundaries of the critical water quality zone are located not less than 200 feet and not more than 400 feet from the centerline of the waterway; and

2. Notwithstanding the provisions of 1.a through 1.d above, a critical water quality zone does not extend beyond the crest of a bluff.

D. Critical Water Quality Zone Development. The following types of development are permitted in the Critical Water Quality Zone:

1. A fence that does not obstruct flood flows.
2. Public or private parks, playing fields, or open spaces, other than a parking lot, are permitted if the City approves a program of fertilizer, pesticide, and herbicide use.

a. Park development is limited to hiking, jogging, or walking trails and outdoor facilities, and excludes stables and corrals for animals.

3. A pedestrian bridge, or bicycle or golf cart path.
4. A utility line may cross a critical water quality zone with approval from the City.
5. Street crossings are permitted as follows:

a. A major water way critical water quality zone may be crossed by an Arterial Street.
b. An intermediate waterway critical water quality zone may be crossed by a Collector Street, except:

i. A Collector Street crossing must be at least one mile from a Collector Street or Arterial Street crossing on the same waterway.

c. A minor waterway critical water quality zone may be crossed by Arterial Streets and Collector Streets, except:

i. A Collector Street crossing must be at least 2,000 feet from a Collector Street or Arterial Street crossing on the same waterway.

d. A Local Street may cross any critical water quality zone if necessary to provide access to property that cannot otherwise be safely accessed.

E. Water Quality Transition Zones.

1. A water quality transition zone is established adjacent and parallel to the outer boundary of each critical water quality zone.
2. The width of a water quality transition zone is:

a. For a minor waterway, 100 feet;
b. For an intermediate waterway, 200 feet; and
c. For a major waterway, 300 feet.

F. Water Quality Transition Zone Development.

1. Development is prohibited in a water quality transition zone, except for development described in D Critical Water Quality Zone Development.
2. Water quality controls for development in an uplands zone or water quality transition zone may be located in a water quality transition zone.
3. A utility line may be located within a water quality transition zone.

G. Critical Environmental Features. See § UDC-4.05.04G for detailed information.

Blocks
A. Block Measurement. See Figure 55 for an illustrative example.

1. Block Length. The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the Block Face:

a. Of greatest dimension, or
b. On which the greatest number of lots face.

2. Block Width. The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face:

a. Of least dimension, or
b. On which the fewest number of lots face.

3. Block Measurement Factors. The length, width, and shapes of blocks shall be determined with due regard to:

a. Provision of adequate building sites suitable to the special needs of the type of use contemplated;
b. Zoning requirements as to lot sizes and dimensions;
c. Needs for convenient access, circulation, control and safety of street traffic;
d. Limitations of topography; and
e. Compatibility with efficient development of public facilities as established by surrounding developments.

B. Block Length.

1. Nonresidential Block Length. Block length in Nonresidential Zoning Districts shall not exceed one thousand (1,000) feet or ten (10) times the minimum lot width permitted in that district, whichever is greater.

2. High Density Residential Block Length. Block length in the Transitional Residential (R-4) District or Urban Residential (R-5) District shall not exceed six hundred (600) feet.

3. Low Density Residential Block Length.

a. Block length in the other Residential Zoning Districts shall be between two hundred (200) and eight hundred (800) feet or 12 lots, whichever is less.

b. If residential lots back up to a commercial use, drainage area, or to an Arterial, then there is no restriction on the block length or the maximum number of lots. However, there shall be pedestrian walkways to connect the commercial lots unless determined they are impractical by the City Engineer. Block length and number of lot requirements apply to the opposite side of the residential street, stub-outs, as well as the remainder of the subdivision.

4. In cases where physical barriers, property ownership, adjacent development, or individual usage creates conditions where it is appropriate that these standards be varied then, upon approval by the Director of Planning, the length may be increased or decreased to meet existing conditions, having due regard for connecting streets, circulation of traffic, and public safety.

C. Connectivity Index.

1. The connectivity index of a development generally indicates the level of connectedness within a subdivision. Higher numbers result in more accessible and walkable neighborhoods; lower numbers result in fewer connections and more dead-end streets.

2. New subdivisions shall have a connectivity index of at least 1.60.

3. Definitions.

a. Links: Non-Arterial roadway segments connecting nodes.

i. Excludes alleys.

b. Nodes: Terminus or intersection of Non-Arterial streets.

i. Includes any location where a street name changes.
ii. Includes any curve that exceeds 75 degrees.

4. The connectivity index is determined by the number of Links divided by the number of Nodes.
5. See Figure 56, Connectivity Index Example for an illustration.

Building Materials
A. Exterior Material Requirements for all Single Family Units.

1. Applicability. This section applies to all single family (attached and detached) units. Area used for doors and windows shall be excluded from calculations.
2. Residential Material Standards.

a. The exterior facades of a main building or structure shall be constructed of at least seventy-five (75) percent Class 1: Masonry Construction materials and the remainder composed of Class 2: Masonry Construction materials unless otherwise specified in this UDC.
b. All exterior facades visible from the public Right-of-Way must be of consistent materials.
c. An exemption is granted to exterior materials when the existing percentage of Class 1: Masonry Construction or Class 2: Masonry Construction materials is less than the requirement of a above.

B. Exterior Material Requirements for all Multi-Family Units.

1. Applicability. This section applies to all multi-family units. Area used for doors and windows shall be excluded from calculations.
2. Residential Material Standards. The exterior facades of a main building or structure shall be constructed of one hundred (100) percent Class 1: Masonry Construction materials on the first and second floors and fifty (50) percent on all other floors.

C. Exterior Material Requirements for Nonresidential Zoning Districts and Uses.

1. Applicability. This section applies to all nonresidential buildings. Area used for doors and windows shall be excluded from calculations.
2. Nonresidential Material Standards.

a. Exterior facades of a main building or structure shall consist of one hundred (100) percent Class 1: Masonry Construction.

i. Exception for Industrial Districts.

(a) Within the Light Industrial (LI) District or Heavy Industrial (HI) District, only the exterior facades of a main building or structure adjacent to a public street must consist of one hundred (100) percent Class 1: Masonry Construction.
(b) This exemption does not apply when the property is adjacent to a residential zoning district.

ii. Exception for facades not visible from public streets or single family residential properties: The non-visible wall(s) of the building may be constructed of Class 2: Masonry Construction or Class 3: Masonry Construction materials, provided that:

(a) It is of the same color as the other facades, and
(b) A double row of trees on offset fifty (50) foot centers is planted in a fifteen (15) foot Perimeter Landscaping, where fifty (50) percent of the trees are Shade Trees.

3. Maximum Material Coverage. No single building material shall cover more than eighty (80) percent of the front of any building, with the exception of on-site utility or service structures.
4. Windows.

a. Clear glass shall be used for commercial storefront display windows and doors.
b. Windows shall be individually defined with detail elements such as frames, sills, and lintels, and placed to visually define the building stories.

D. Development in the Historic Overlay (O-H) District. The Historic Preservation Commission may waive the requirements of this Building Materials section for properties within the Historic Overlay (O-H) District.

E. Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01. Alternative Compliance:

1. Alternative Materials. For nonresidential and multi-family buildings, the following alternative materials or percentages may be approved:

a. A reduction of the required masonry percentage by a maximum of twenty-five (25) percent when a unique and attractive architectural design is used.

2. Original Building Materials. For existing nonresidential buildings undergoing expansion, the use of materials used on the original building provided it is an integral part of the character of the building.

Building Standards
A. Intent. Frontage type standards are intended to create areas of cohesive community character.
B. Applicability. These standards apply to all Form Based Zoning Districts (except as exempted in 2.10.13: Nonconforming Lots, Structures, and Uses).
C. Allowed Frontage Types. Every block face must have a common approach to frontages.

See 2.08.06: Building Standards for more detailed information.

Building Types
A. Open Space Building (F1). See § UDC-2.08.07A for detailed information.
B. Single Family Detached (F3, F3H, F4, F4H). See § UDC-2.08.07B for detailed information.
C. Accessory Building (F3, F3H, F4, F4H, F5, F5H). See § UDC-2.08.07C for detailed information.
D. Duplex (F3, F3H, F4, F4H). See § UDC-2.08.07D for detailed information.

E. Multiplex (F3, F3H, F4, F4H, F5). A multiplex would typically take the form of a 3-plex or 4-plex, but would functionally look like a large single-family home. These are sometimes nicknamed a "houseplex." These are often seen in historic areas where a large house/mansion is broken up internally and remodeled to have 2-4 living units. See § UDC-2.08.07E for detailed information.

F. Townhouse (F4, F4H, F5, F5H). See § UDC-2.08.07F for detailed information.
G. General Building (F4, F4H, F5, F5H). See § UDC-2.08.07G for detailed information.
H. Apartment (F4, F5, F5H). See § UDC-2.08.07H for detailed information.
I. Mixed-Use Building (F4/F4H, F5, F5H). See § UDC-2.08.07I for detailed information.

J. Activation within the Building to Lot Width in Build-To
In cases where physical extension of the building is not practical or feasible, activation of this space in order to create interest may be considered at the discretion the Planning Director for up to 15% of the Building to Lot Width in the Build-to requirement.

1. Acceptable forms of activation must be focused toward pedestrian activity and may include courtyards, outdoor dining areas, art exhibition space, gardens, and other similar forms of activation.

a. Activated space must be a minimum of 20 ft in depth.

2. Driveways, parking spaces, and other automobile-oriented uses are not considered appropriate forms for the purpose activation.
3. Applicants wishing to use street activation instead of meeting the Building to Lot Width in the Build-to for more than 15% of the required area, or are not a minimum of 20' in depth, or propose a type of activation that is not listed above, must submit an Alternative Compliance request.

K. Alternative Compliance Option

A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01: Alternative Compliance.

1. Major Reductions of the Building to Lot Width in the Build-to:

a. Major changes to the width of the Building to Lot Width in the Build-to, which are considered to be more than fifteen (15) percent of the required width, may be requested.
b. A request for a Major Reduction of the Building to Lot Width in the Build-to will not be approved without a proposal to provide activation within the area in which the Alternative Compliance is requested.

2. Requests to activate property with uses other than those stated in § UDC-2.08.07J within the Building to Lot With within the Build-to.

a. Applicants may request an Alternative Compliance for the type of desired if it is determined by the Planning Director to be dissimilar activations discussed above.
b. Driveways, parking spaces, and other automobile-oriented uses are not considered appropriate forms of activation.

i. This section should not be interpreted to preclude innovative uses of certain types of temporary uses, such as mobile food vendors or mobile retail, as long as all other codes and ordinances are met, and activation is street facing.

Development in the Gateway Corridor Overlay (O-G) District
A. Intent. See 2.05.02: Gateway Corridor Overlay (O-G) District.

B. Applicability. Unless otherwise stated in this section, the following regulations apply to all non-single family properties within the Gateway Corridor Overlay (O-G) District in addition to the regulations of each underlying base district. In the event of a conflict, the more restrictive regulations shall apply.

C. Buildings and Site Development.

1. Buildings.

a. Primary buildings shall be set back no more than five (5) feet beyond the minimum front yard setback of the underlying base district, unless site restrictions prohibit such placement as determined by the City Engineer. This setback is measured by the portion of the building face closest to the street.

b. Buildings with a ground floor area of larger than thirty thousand (30,000) square feet shall be designed to appear as separate but attached buildings through the use of building material changes, wall plane/horizontal articulation, and roofline/vertical articulation. See Figure 52 for an example.

c. The primary entrance for all buildings and ground-level leasable space shall be accessed by the front sidewalk.

d. Windows shall comprise between fifty (50) and eighty (80) percent of each ground-level building elevation fronting the public right-of-way or accessible by sidewalk.

i. Section 1.01.01(C)(1)(d) glazing standards are amended for buildings fronting Robert S. Light between IH-35 and Hwy 1626, for which windows shall compromise a minimum of thirty (30) percent of the ground-level building elevation fronting the public right-of-way or accessible by sidewalk.

2. Parking.

a. All parking shall be located behind the front façade of the primary building.
b. If covered parking is provided for vehicles, at least fifty (50) percent of the bicycle parking shall be covered.

3. Streetscape.

a. Sidewalks at least ten (10) feet in width shall be provided.
b. Retail buildings located in Form Based zoning districts shall have canopies spanning seventy-five (75) percent of the frontage and extending over the sidewalk at least six (6) feet.

c. In addition to the landscaping requirements of 2.09.01: Landscaping, development shall provide the following along the Right-of-Way of each designated corridor:

i. Properties that do not have a Form Based zoning designation shall provide an expanded landscape buffer to accommodate:

(a) an additional offset row of shade trees planted every forty (40) feet on center, for a total of two (2) alternating rows planted within the landscape buffer, or one row on either side of the sidewalk. No single tree species shall constitute more than one-third (1/3) of all required trees.
(b) A minimum of thirty shrubs per every one hundred and fifty (150) linear feet.
(c) Trees and shrubs can be clustered at the discretion of the Development Services Director.

ii. Properties within a Form Based zoning district shall provide one shade tree planted every thirty (30) feet on center between the street and the pedestrian path.

d. Retail buildings located in Form Based zoning districts shall have canopies spanning seventy-five (75) percent of the frontage and extending over the sidewalk at least six (6) feet.

D. Land Use. Uses shall be permitted in the Gateway Corridor Overlay (O-G) District as shown in 2.06.05: Use Chart., with the exception of those the as shown in Table 29.

E. Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01: Alternative Compliance:

1. Consider granting credit for existing plant material.

Development in the Rural Heritage Overlay (O-R) District
A. Intent. See § UDC-2.05.01A Rural Heritage Overlay (O-R) District.

B. Applicability. Unless otherwise stated in this section, the following regulations apply to all non-single family properties within the Rural Heritage Overlay (O-R) District. The following regulations are in addition to the underlying base district regulations. In the event of a conflict, the more restrictive regulations shall apply.

C. Buildings and Site Development.

1. Buildings. All buildings or sites shall incorporate all of the following requirements:

a. Roofs must be metal with a pitch of at least 4:12.
b. Buildings must be oriented to face toward the roadway.
c. Structures must be constructed of one hundred (100) percent Class A masonry; however fiber cement in a vertical Board and Batten style may comprise up to twenty-five (25) percent. See Figure 50 for an example of Board and Batten Style.

2. Parking.

a. If parking is located between the front building face and the roadway, Internal Landscaping requirements of § UDC-2.09.01A.2.d.i and § UDC-2.09.01A.2.d.ii shall be doubled.

3. Streetscape.

a. All lighted signs must use reverse channel lettering (i.e., backlighting) or fully shielded downward-facing lamps (i.e., gooseneck lighting). See Figure 51 for an example.
b. Meandering sidewalks at least six (6) feet in width must be provided.
c. To lessen light pollution along the corridors, the mounting height regulations of Table 27 shall apply in the district in place of those included in Table 21.
d. In addition to the requirements of 2.09.01. Landscaping, a street frontage buffer forty (40) feet in width shall be provided along the Right-of-Way of each designated corridor.

i. Parking areas are prohibited within this buffer.
ii. No Protected Tree, Signature Tree, or Heritage Tree shall be removed in the street frontage buffer except as necessary to allow access driveways perpendicular to the roadway.
iii. In addition to the landscaping requirements, each one hundred fifty (150) linear feet (or fraction thereof) of the required street frontage buffer shall consist of the following planting materials:

(a) A minimum of six (6) Shade Trees, of which at least four (4) shall be evergreen trees and no single tree species shall constitute more than one-third (1/3) of all required trees;
(b) A minimum of four (4) Ornamental Trees; and
(c) A minimum of thirty (30) Shrubs.

iv. Undeveloped properties or properties that do not contain structures or parking areas within two hundred (200) feet of the Right-of-Way shall be exempt from these street frontage buffer provisions.

4. Alternatives. See § UDC-2.10.11C.4 for details.

D. Land Use. Uses shall be permitted in the Rural Heritage Overlay (O-R) District as shown in 2.06.05: Use Chart, with the exception of those the as shown in Table 28.

1. Location of Fuel Pumps (Accessory Use). Fuel pumps must be located to the side or rear of the primary structure, except with Edwards Aquifer Recharge Zone or Contributing Zone is present on the property.

E. Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01: Alternative Compliance:

1. Consider granting credit for existing plant material.

Downtown Node
1. Intent. As recommended in both the Downtown Plan and Comprehensive Plan, the Downtown Node development should be compatible with the existing character of downtown. Infill development should help create a continuous retail edge along Main Street. The scale should reflect that of the historic Main Street and Old Town. The character of the historic neighborhood adjacent to Main Street should be preserved. Access should promote a park-once-and-walk environment, with parking along all of Main Street and a pedestrian friendly environment.

2. Regulating Plan. The Regulating Plan serves as the zoning map for the development of the Downtown Node. Regulations in 2.08.03: Form District Standards. Form District Standards are applied by Form District, as shown on the Regulating Plan. Interpretation of district boundaries (see § UDC-2.02.01E) applies to the Regulating Plan. When two Form Districts are present within a single property, the intent is to approach the proposed or existing road frontage.

Figure 13. Regulating Plan for the Downtown Node

3. Additional Requirements. The area in the Historic Overlay (O-H) District must comply with standards in 2.05.03: Historic Overlay (O-H) District and 2.10.10: Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark for Parking Requirements.

4. For details on Parking and Driveway Access, see § UDC-2.08.02B.4.

Drainage and Storm Water
A. General.

1. Components of the Drainage System. Drainage systems, including all conveyances, inlets, conduits, structures, basins, or outlets used to drain storm water, must be designed and constructed to promote the health, safety, and welfare of the property owner and the public.
2. Management of Storm Water Runoff. Adequate provision must be made for the acceptance, collection, conveyance, detention, and discharge of storm water runoff drainage onto, through and originating within the Subdivision.
3. Maintenance Responsibility.

a. The City shall be responsible for maintaining detention and retention ponds for single family residential subdivisions. The property owner shall be responsible for associated pond maintenance costs, which the City may approve through a development agreement if deemed appropriate by the City.
b. It is a violation for a detention/retention pond or a structural control to be unable to operate for its intended purpose due to lack of maintenance.

4. Discharge of Storm Water Runoff. Storm water must not have an adverse impact downstream and must be discharged in an acceptable form and at a controlled rate so as not to endanger human life or public or private property.
5. Drainage Facilities. Drainage facilities shall be provided and constructed by the Developer in accordance with the requirements within this section, Drainage and Storm Water and the Engineering Criteria Manual.

B. Planning and Construction.

1. Plans, profiles, and specifications shall be prepared for storm water improvements to be constructed and shall show the locations, sizes, grades, hydraulic gradients, flow arrows, and other details for the proposed pipe, inlets, channels, manholes, culverts, outlet structures, and other appurtenances.

a. Each sheet of the plans and profiles shall bear the seal and signature of the Licensed Professional Civil Engineer who prepared them.

2. The Developer shall incur the cost of all drainage improvements connected with development of the Subdivision and acceptance of current upstream flows necessary to safely and adequately drain the Subdivision, including any necessary off-site channels or storm sewers and acquisition of any required easements.

a. The 100-year storm must be contained within the street Right-of-Way or the drainage easement boundaries.
b. Any necessary off-site channel or storm sewers which are required to be within easements must have a separate instrument easement filed in the County and a filed copy shall be submitted to the City before Construction Plans will be approved.

3. Integration into Overall Design. Waterbodies exceeding twenty thousand (20,000) square feet in area located within seventy-five (75) feet of a public right-of-way must be integrated into the overall design of a project in at least one of the following ways:

a. Provide a walkway with native trees planted on average twenty-five (25) foot centers;
b. Provide a public access area with covered structure and seating; or
c. Provide a plaza or courtyard with shaded benches or picnic tables next to the water body.

C. Residential Grading and Drainage.

1. Lot-to-Lot Drainage Standards.

a. Surface runoff from residential lots shall cross no more than one additional lot before being directed toward the street or a dedicated drainage system.
b. When the flow reaches the second lot, side lot swales shall be in place to direct the flows to the street or to a dedicated City drainage system within an easement in the rear yard.
c. Furthermore, no more than one lot may drain to a second lot before the flow is directed to the street or to a dedicated City drainage system.
d. Where lot-to-lot drainage occurs, the lot lines shall be aligned and a minimum of a ten (10) foot drainage easement shall be provided.

2. Detailed Standards. See the Engineering Criteria Manual for requirements for detailed standards and policies.

D. Nonresidential Grading and Drainage.

1. Lot-to-Lot Grading and Drainage Standards.

a. Grading and drainage plans shall strive to ensure that surface runoff from nonresidential individual lots cross no more than one (1) additional lot before being directed toward a private on-site system or a dedicated City drainage system.
b. When the flow reaches the third lot, side lot swales may be utilized to direct the flows to private enclosed systems or to a dedicated City drainage system within a dedicated easement or in street Right-of-Way.
c. No runoff may drain to a fourth lot.

i. The flow must be directed to the street system or to a dedicated City drainage system with a dedicated easement.

d. Concentrations of stormwater shall not be discharged to City Streets through driveways or flumes but shall be collected into an enclosed system, either private or public, prior to reaching the curb line of the roadway.
e. Specific deviations from these guidelines may be addressed on an individual basis.

2. Detailed Standards. See the Engineering Criteria Manual for detailed standards and policies.

E. Design Criteria.

1. The design of the swales and enclosed systems located within a dedicated drainage easement shall utilize the City's adopted Drainage Design Criteria for channel and pipe systems.
2. Side yard swales shall have a minimum slope of one (1) percent to ensure adequacy of flow during and after a rain event.
3. See the Engineering Criteria Manual for requirements for detailed standards and policies.

F. Materials.

1. Swales on Residential Lots. Swales on residential lots shall be fully sodded, unless an alternative equal design is approved by the City Engineer.
2. Swales on Nonresidential Lots. Swales on nonresidential lots may be constructed in a natural state fully sodded in cases where the surrounding area has been sodded and velocities and depth of flow can be contained within the proposed swale without erosive damage.

a. Swales within the parking and private driving lanes of nonresidential properties shall be constructed of materials similar to those of the parking and driving lanes.

3. Systems on Residential Lots. Enclosed systems may be designed utilizing concrete or approved plastic pipe and collection inlets on residential lots.

a. Private enclosed systems on nonresidential lots may be designed utilizing approved plastic pipe and collection inlets.

4. Systems on Nonresidential Lots. Enclosed systems on nonresidential lots which will be dedicated to the City shall be designed utilizing concrete pipe and collection inlets.

G. Roof Drains.

1. All roof drains of residential structures shall be directed to the street or toward a rear swale and shall not be discharged directly onto the side lot.
2. Side downspouts may be directed to side lot swales at a 45 degree angle to the direction of flow of the side lot swale to ensure that the flows are directed away from the house foundation yet providing a less severe entry into the swale.

H. Maintenance.

1. All grassed swales should be designed and constructed with 3:1 side slopes that will be gentle enough to allow easy mowing.
2. Mowing and maintenance responsibility shall be the responsibility of the property owner or Homeowners' or Property Owners' Association.
3. Periodic cleaning of enclosed systems located within dedicated drainage easements shall be the responsibility of the City.

Easements and Dedications
Easements and fee simple dedication of all property needed for the construction of streets, Arterial Streets, alleys, private common access easements, sidewalks, storm drainage facilities, floodways, water mains, wastewater mains and other utilities, retaining walls and any other property necessary to serve the Plat and to implement the requirements of the UDC and Engineering Criteria Manual shall be provided on Subdivision Plats and maintained by the property owner.

A. Utility Easements.

1. Where not adjacent to a public Right-of-Way, easements at least sixteen (16) feet wide shall be provided for utility construction, service, and maintenance shall be provided where necessary.
2. Easements accommodating both water and wastewater (sewer) facilities and easements accommodating both public utilities and franchise utilities shall be at least twenty (20) feet wide.
3. More easements or additional easement width may be required by the Planning and Zoning Commission and City Council if deemed necessary by the City Engineer.
4. Easements at least sixteen (16) feet wide for utility construction, service, and maintenance shall be provided for lots which have frontage along state highways.
5. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities and drainage facilities outside public Right-of-Way.
6. The following full statement of restrictions shall be placed in the dedication instrument:
Easements: Any public utility, including the City, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements or Right-of-Way shown on the Plat (or filed by separate instrument that is associated with said property); and any public utility, including the City, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. Easements shall be maintained by property owners. The City can move trees or any other improvements and does not have the responsibility to replace them.

B. Fire Lane Easement.

1. Emergency access and fire lane easements shall be provided in locations required by the City and be curbed.
2. These easements shall have a minimum width of twenty-four (24) feet and a minimum height clearance of fourteen (14) feet. Internal drives within parking lots are not required to be curbed.
3. All turns shall have a minimum inside radius of twenty-six (26) feet and a minimum outside radius of fifty (50) feet.
4. Any emergency access and fire lane easement more than one hundred (100) feet in length shall either connect at each end to a dedicated public street or private way or be provided with a cul-de-sac having one hundred (100) feet diameter of paving with an additional distance of ten (10) feet on all sides clear of permanent structures or other obstructions.
5. These easements shall be maintained by the owner or the Homeowners' or Property Owners' Association and a statement shall appear on the face of the Plat indicating maintenance responsibility.

C. Roadway Easements. See § UDC-3.05.08G, Street Right-of-Way Dedication.
D. Sight Visibility Triangle Easements. See Subsection 4.01: Sight Visibility Triangle.
E. Drainage Easements.

1. Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainage ways.
2. Storm drainage easements of sixteen (16) feet minimum width shall be provided for existing and proposed enclosed drainage systems.

a. Easements shall be centered over the systems.
b. Larger easements, where necessary, shall be provided as directed by the City Engineer.

3. Where lot-to-lot drainage occurs, see 3.05.12: Drainage and Storm Water, specifically § UDC-3.05.12C.1, Lot-to-Lot Drainage Standards.
4. Storm drainage easements shall be provided for emergency overflow drainage ways of sufficient width to contain within the easement storm water resulting from a 100-year frequency storm less the amount of storm water carried in an enclosed system of a capacity required by the City.
5. Where a Subdivision is bounded by a water-course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage Right-of-Way conforming substantially to the lines of such water course, and of such width to provide for increased drainage from anticipated future upstream developments, plus a minimum of ten (10) feet on each side.
6. As required by the City, drainage easements shall be dedicated up to the full width of easement necessary to construct the ultimate drainage facility (culvert, storm water, channel, etc.) to be constructed within the easement, including provisions for access ingress and egress by crews and equipment for maintenance purposes.

F. Floodplain Easements.

1. Floodplain easements shall be provided along natural drainage ways and lakes or reservoirs.
2. Floodplain easements shall be provided in accordance with the recommendation of the City Engineer and the Director of Planning to accommodate the 100 year storm drainage flows or the flow of the flood of record, whichever is greater.
3. Floodplain easements shall encompass all areas beneath the water surface elevation of the Base Flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined by the City Engineer.
4. The following full statement of structures shall be placed in the dedication instrument of the Plat: Floodplain Easement Restriction: Construction within the floodplain may only occur with the written approval of the City. A request for construction within the floodplain easement must be accompanied with detailed Construction Plans and studies indicating that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners or the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two (2) feet above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin.

a. Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The City will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his property clean and free of debris, silt, or any substance, which would result in unsanitary conditions. The City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur.

G. Retaining Wall Easements.

1. If in the opinion of the City Engineer, the grading plans submitted with the Application for approval of a Final Plat indicate a need for the construction of one or more retaining walls, a private retaining wall easement showing the location of the retaining wall(s) and the no-build zone shall be dedicated and shown on the Preliminary Plat and the Final Plat.
2. The width of the retaining wall easement and the no-building zone shall be as established by the Applicant's structural engineer and approved by the City Engineer.
3. The retaining wall easement shall include a no-building zone extending from the retaining wall on both sides, within which any additional load from future construction would exceed the design capacity of the retaining wall.

a. No structure (other than the retaining wall), swimming pool, landscaping, or any other feature which adds load to the retaining wall, shall be constructed within the no-building zone.

4. A retaining wall easement shall be located entirely on one lot and shall not straddle property lines unless the wall is constructed within a retaining wall easement dedicated to the Homeowners' or Property Owners' Association in accordance with 5 below.
5. The property owner, or the Homeowner's Association for the subdivision, as applicable, shall be responsible for maintenance of the retaining wall, and a note shall be included to this effect on the Final Plat.

H. Needs/Benefits Determination. See § UDC-3.05.11H for details.
I. Maintenance of Easement. See § UDC-3.05.11I for details.

Fencing and Screening
A. General.

1. Purpose. The purpose of this section is to provide standards for screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this section to provide for the safe construction and maintenance of walls and fences constructed in the City.
2. Applicability. These regulations shall be applicable to all new construction, where fifty (50) percent or more of an existing screening, fence, or wall requires replacement, or any time that a higher intensity use is required to screen adjacent to a lower intensity use.
3. Enforcement. The Director of Planning shall administer and enforce the provisions of this article relating to screening and fencing.
4. Sight Visibility. See Subsection 4.01: Sight Visibility Triangle.

B. Screening and Fencing of Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Parks.

1. Placement of Fences.

a. Opaque fences shall be prohibited between the front building face and the Right-of-Way.
b. Certain decorative fences in the Historic District may use alternative materials, such as wood, at the discretion of the Historic Preservation Commission.

2. Screening of Neighboring Development with a Masonry Screening Wall.

a. In the event that any non-single family use sides or backs to an existing single family home (i.e., detached home, duplex, or townhome) or a Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District, a solid masonry screening wall of not less than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

i. The owner of the higher intensity property shall be responsible for building and maintaining the required wall on the property line dividing the property from the lower intensity district.

b. Materials.

i. Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development (PD) District, or other requirement shall be constructed of 100 percent opaque masonry or precast concrete designed to resemble wood, stucco, stone, or brick fencing (excluding CMU). Wood fences are expressly prohibited.
ii. Nonresidential fences that are not required by ordinance but that are visible from public Right-of-Way shall be constructed of masonry, reinforced concrete, wrought iron or simulated wrought iron, or vinyl material that simulates wood or masonry. Wood fences are expressly prohibited.
iii. All required screening walls shall be equally finished on both sides of the wall.
iv. Where such openings are necessary, all wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

3. Screening of Mechanical Equipment. All nonresidential uses in any zoning district shall screen all mechanical, heating and air conditioning equipment from public view or adjacent residential property. Public view is considered any area that can be seen from a public street or adjacent residential properties at six (6) feet above grade at the property line.

4. Nonresidential Barbed Wire Fences Prohibited. Barbed wire, razor wire, and concertina wire fences are prohibited in the City for nonresidential purposes.

a. Exception. Barbed wire strands may be placed on top of permitted fences and screening around public utilities facilities (such as substations and transformer stations) or as part of security devices for the restrain of persons being detained by the City or other governmental law enforcement agency for criminal violations.

C. Screening of Outdoor Waste Storage for All Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Park Properties.

1. General.

a. Waste storage areas (refuse containers, etc.) shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence.
b. The location, construction, and screening of all waste storage areas shall be shown on the design drawings.

2. Incidental Use Requirement and Location Standards. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers which are used for waste disposal purposes shall:

a. Only be allowed as an incidental use, and
b. Only be allowed when located behind the building line established by the structure and not within any side or rear yard setback or any required landscaped area.

3. Setbacks. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be setback from all residential uses a minimum of twenty-five (25) feet.

4. Screening Required. Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be enclosed on all four sides with a three-sided masonry screening wall and a metal gate on the fourth side that shall be constructed to a minimum height of one (1) foot above the container height, but shall not exceed eight (8) feet in height.

a. The container shall be screened by the masonry wall and a metal gate capable of screening the area and shall remain closed at all times except when filling or emptying the container.
b. The screening wall shall be similar to or extensions of the development’s architectural design.

D. Electric Fences.

1. An electric fence is allowed in the Agricultural zoning district, with proof submitted to the electrical inspector that the fence will be designed to retain animals, be inaccessible to the general public and not pose a hazard to life.

2. An electric fence is allowed in association with a permitted nonresidential outdoor storage area in the Agricultural (AG) District, Interstate-35 Business (B-3) District, Light Industrial (LI) District, and Heavy Industrial (HI) District subject to the following standards.

a. Unless otherwise specified in this Section, electric fences must be installed in conformance with the specifications set forth in the City’s electrical code and the International Electroctechnical Commission Standard No. 60335-2-76. In addition, the electric fence controller must meet the requirements of Underwriters Laboratories Standard UL69, Electric-Fence Controller, and labeled as such.

b. The electric fence controller and emergency entry key safe for the electric fence must be located in a single accessible location for the entire fence.

c. The electric fence must be surrounded by a non-electrical fence or wall six (6) to eight (8) feet in height.

d. The electric fence must be installed a minimum of one (1) foot from the surrounding nonelectric fence or wall, except along the gate. Along the gate, the electric fence must be installed a minimum of three (3) inches from the surrounding non-electric fence or wall.

e. The electric fence must be clearly identified with warning signs at intervals of not less than sixty (60) feet.
f. The electric fence must only be energized during hours when the public does not have legal access to the protected property.

E. Fences in Residential Areas.

1. Permit Required. A fence permit must be obtained from the Director of Planning for fences along the lot line perimeter in the following cases:

a. Any new fence (excluding replacement fencing); or
b. Relocation of an existing fence.

See Building Permits and Fees for additional information.

2. Fences Required for Subdivisions backing to Major Roadways. A solid masonry fence is required when a subdivision backs to a Collector Street or larger thoroughfare.

3. Height and Location.

a. Any fence or wall located to the rear of the minimum required front yard line shall not exceed six (6) feet in height.
b. Except as provided by i below, no fence or wall shall be permitted in front of any single family or duplex structure.

i. Decorative fences with openings not less than fifty (50) percent of the fence area and not exceeding forty-two (42) inches in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing.

c. No fence shall be erected in any required side yard that is adjacent to a public street.

4. Materials.

a. Any residential perimeter fence shall be constructed of masonry, wrought iron, Cedar wood, precast concrete designed to resemble wood, stucco, stone, or brick fencing (excluding CMU), or vinyl materials that produce a similar appearance.

b. Chain link fencing is only allowed for residential properties for side and rear fences not facing a public street.

5. Vehicular Access Gates. Gates designed for vehicular access shall be set back from the property line a minimum of fifty (50) feet.

6. Residential Chain Link, Barbed Wire, and Electrical Fences Prohibited.

a. Chain link fencing shall be prohibited for perimeter fences in residential areas.

i. This requirement does not include any fence necessary for an agricultural use or interior fence that is not visible from outside the perimeter fence.
ii. Chain link fencing is allowed for residential properties for side and rear fences not facing a public street.

b. Barbed wire or electrical fencing shall be prohibited in residential areas, except as used for farm or ranching purposes on lots over one (1) acre in size or as noted in D above. Note that this does not include invisible fences for pets.

7. Special Fences.

a. Special fencing, such as fencing around tennis courts, is permitted.
b. Fences around swimming pools shall comply with the City’s building code.

8. Proximity to Accessways and Driveways. Screening or fencing shall not be located closer than three (3) feet from the edge of any accessway pavement or driveway.

Fire and Explosive Hazard Material
1. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the City’s Fire Department.

2. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City’s Fire Code.

Flood Hazard Reduction Provisions
A. General Standards. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

1. If a structure is damaged or destroyed to an extent less than 50 percent of the market value of the structure before the damage occurred, restoration shall be permitted. If the destruction equals or exceeds 50 percent of the market value of the structure before damage occurred, restoration of such building or structure shall not be permitted. Substantial damage is cumulative of the total value of restorations from all flood events to that structure. A structure shall be deemed to be substantially improved or substantially damaged when the cumulative cost of improvements or damage repairs, when combined incrementally over a 10-year period of time, equals or exceeds 50 percent of the market value of the structure.

2. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

3. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

4. All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

5. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

6. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,

8. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

B. Specific Standards. In all areas of special flood hazards where Base Flood Elevation data has been provided as set forth in § UDC-4.06.02B, Basis for Establishing the Areas of Special Flood Hazard, 4.06.03: Administration § UDC-4.06.03B.8, or § UDC-4.06.03C.2, the following provisions are required:

Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the regulatory flood datum. A registered Professional Engineer, Architect, or Land Surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in § UDC-4.06.03C.1.a is satisfied. When a residential structure is intended to be constructed in an Approximate A Zone, Base Flood Elevation data shall be determined using the same engineering standards and methods that are used to develop a Flood Elevation Study, and the lowest floor elevation of the residential structure shall be elevated to or above the regulatory flood datum. The lowest floor elevation of a residential structure that is outside of an Area of Special Flood Hazard shall be elevated 12 inches above the adjacent grade or the adjacent street crown, whichever is higher.

Nonresidential Construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the regulatory flood datum or, together with attendant utility and sanitary facilities, be designed so that below the regulatory flood datum the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered Professional Engineer or Architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to Mean Sea Level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. When a nonresidential structure is intended to be constructed in an Approximate A Zone, Base Flood Elevation data shall be determined using the same engineering standards and methods that are used to develop a Flood Elevation Study.

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered Professional Engineer or Architect or meet or exceed the following minimum criteria:

a. A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than 1 foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

Critical Facilities. Construction and substantial improvement of any critical facility, such as EMS, fire department, and police department, shall have the lowest floor (including basement), elevated to or above the regulatory flood datum or the 500-year floodplain elevation, whichever is higher in elevation. A registered Professional Engineer, Architect, or Land Surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in § UDC-4.06.03C.1.a is satisfied.

Hazardous Materials. Construction and substantial improvement of any hazardous materials storage area or structure, shall be elevated to or above the regulatory flood datum or the 500-year floodplain elevation, whichever is higher in elevation. A registered Professional Engineer, Architect, or Land Surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in § UDC-4.06.03C.1.a is satisfied.

See Subsection 4.06: Flood Damage Prevention Regulations for complete, detailed information.

Flood Hazards (General Provisions)
Generally.

A. Statutory Authorization.

1. The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses.
2. The City of Buda has been an active participant community in the National Flood Insurance Program since June 28, 2002.

B. Findings of Fact.

1. The flood hazard areas of Buda are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

C. Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and,
7. Ensure that potential buyers are notified that property is in a flood area.

D. Methods of Reducing Flood Losses. In order to accomplish its purposes, these regulations use the following methods:

1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
4. Control filling, grading, dredging and other development which may increase flood damage;
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

E. Certificate of Adoption. It is hereby found and declared by the City of Buda, that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately.

General Provisions.

A. Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Buda.

B. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Hays County, TX and Incorporated Areas" dated January 17, 2025, with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated January 17, 2025, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.

C. Establishment of Floodplain Development Permit. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. The City shall charge a fee for the issuance of the permit, which shall be set from time to time by the City Council. The fee shall be payable at the time the Application is submitted.

D. Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this section and other applicable regulations.

E. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

F. Interpretation. In the interpretation and Application of these regulations, all provisions shall be:

1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.

G. Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

Form District Locations

Figure 11. Form District Locations identifies the location and boundaries of the Form Districts.

Green Meadows/Old Goforth Neighborhood Node
1. Intent. The Comprehensive Plan states the Green Meadows/Old Goforth Neighborhood Node is intended to provide every-day services and products within easy walking distance to nearby residents without significantly impacting the character of residential areas. The catchment area should be about one or two miles. The center should be easily accessible from adjoining neighborhoods via safe pedestrian facilities.

2. Regulating Plan. The Regulating Plan serves as the zoning map for the development of the Green Meadows/Old Goforth Neighborhood Node. Regulations in 2.08.03: Form District Standards are applied by Form District, as shown on the Regulating Plan. Interpretation of district boundaries (see § UDC-2.02.01E) applies to the Regulating Plan. When two Form Districts are present within a single property, the intent is to approach the proposed or existing road frontage.

Homeowners' or Property Owners' Associations
Applicability.
When a Subdivision contains common areas, common property, or other improvements not intended to be dedicated to the City for public use, a Homeowners' or Property Owners' Association shall be created, and the duties and responsibilities shall be established in a declaration consistent with state laws.

Dedication.
The common areas shall be shown on the Final Plat or record Plat along with an adequate form for dedication thereof. This dedication form shall:

1. Save the title to common area properties for the benefit of the Homeowners' or Property Owners' Association; and
2. Express a definite undertaking by the subdivider to convey the common properties to the Homeowners' or Property Owners' Association.

Membership.
A Homeowners' or Property Owners' Association shall be an incorporated nonprofit organization operating under recorded land declarations through which:

1. Each lot owner in a described land area is automatically a member; and
2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the Homeowners' or Property Owners' Association's activities, such as maintenance of common areas, common open spaces or the provision and upkeep of common recreational facilities.

Legal Requirements.
To ensure the establishment of a permanent Homeowners' or Property Owners' Association, including its financing and the rights and responsibilities of the homeowners in relation to the use, management and ownership of common areas or common property, the Subdivision plat, dedication documents, covenants, and other recorded legal agreements must:

1. Legally create an automatic membership, nonprofit Homeowners' or Property Owners' Association;
2. Place title to the common property in the Homeowners' or Property Owners' Association or give definite assurance that it automatically will be so placed within a reasonable, definite time;
3. Appropriately limit the uses of the common property;
4. Give each lot owner the right to the use and enjoyment of the common property;
5. Place responsibility for operation and maintenance of the common property in with the Homeowners' or Property Owners' Association;
6. Provide for or place an association charge or assessment on each lot in a manner which will assure sufficient association funds to maintain the common property or improvements;
7. Give each lot owner voting rights in the association; and
8. Identify the land area within the association's jurisdiction including, but not limited to, the following:

a. The property to be transferred to public agencies;
b. The individual residential lots;
c. The common properties to be transferred by the Developer to the Homeowners' or Property Owners' Association; and
d. Other parcels.

Protective Covenants.
Protective covenants shall be developed which, including, but not limited to, shall make the Homeowners' or Property Owners' Association responsible for the maintenance and operation of all common property, and include provisions for assessments, to be enforced by lien.

Maintenance, Repair, or Capital Improvement.
Any maintenance, repair, or capital improvement effort made to Homeowners' or Property Owners' Association property or facilities by the City as a result of non-performance or negligence on the part of the Association shall be assessed between the various Association members in proportion to the taxable value of their properties.

Landscaping
A. Nonresidential Landscaping Requirements. Landscaping shall be required according to the following sections for all nonresidential uses. See § UDC-2.10.13E.6 Noncompliance with Landscaping Requirements for nonconforming properties.

Figure 15. Location of Perimeter Landscaping versus Internal Landscaping

1. Landscaping Along Perimeter. All nonresidential uses shall comply with the following streetscape requirements:

a. Perimeter Landscaping. Perimeter Landscaping shall be provided adjacent to all streets.

i. The Perimeter Landscaping shall be the following minimum widths, exclusive of street Right-of-Way.

(a) Adjacent to Interstate 35, Main Street east of the westernmost boundary of Bradfield Park, and Cabela’s Drive: Fifteen (15) feet.
(b) Adjacent to Arterial Street: Ten (10) feet.
(c) Adjacent to Collector Street: Five (5) feet.
(d) Adjacent to Local Street: Five (5) feet.

ii. Plantings within the Perimeter Landscaping shall be determined by the following:

(a) Along all Freeways, Parkway Streets, Arterial Streets, and Collector Streets at least one (1) Shade Tree for every forty (40) feet of frontage shall be installed. One existing tree may be substituted for each new tree provided the existing tree is in good health and form. New trees must be planted within five (5) feet of the front lot line along the street and in line with other trees but not in conflict with utilities. The Director of Planning may permit additional minor setbacks or other adjustments to the planting strip to accommodate future right-of-way expansions, sidewalks, and utility lines.
(b) Complete coverage of natural landscape materials shall be provided with Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base, or Ornamental Grasses with a Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection.

iii. See § UDC-2.09.06D.6 for required landscape buffering adjacent to single family uses or districts.

b. Shrub Buffer. Where parking lots, drives, and access easements abut the Perimeter Landscaping, Shrubs (5 gallon minimum) shall be planted to form a contiguous buffer along the common boundary line.

i. Shrubs shall be planted in planting beds with a Rock/Crushed Rock Landscape Base or Mulch Base.
ii. A berm may be placed within the Perimeter Landscaping in lieu of the required Shrubs unless needed for a headlight screen. See 2.09.06. Residential Adjacency for possible additional landscaping requirements.

(a) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs.
(b) The slope of the berm shall not exceed a thirty-three (33) percent grade.

iii. If the parking lot is located fifty (50) feet or more from the street Right-of-Way line, no Shrubs or berms will be required unless needed for a headlight screen. See 2.09.06. Residential Adjacency for possible additional landscaping requirements. See Figure 16 for an example of a shrub buffer.

2. Internal Landscaping

a. Internal Landscaping refers to all areas within the paved boundaries of the parking lot.
b. Any nonresidential parking area that contains more than ten (10) parking spaces shall provide Internal Landscaping in addition to the required Perimeter Landscaping.
c. Only landscaped areas within the parking lot shall be used to meet the Internal Landscaping requirement.
d. Plantings within the Internal Landscaping shall be determined by the following:

i. Ten (10) square feet of Internal Landscaping for each parking space or fraction thereof.
ii. One (1) Shade Tree or two (2) Ornamental Trees for every fifteen (15) parking spaces or fraction thereof.
iii. All parking spaces must be within eighty (80) feet of a Shade Tree.
iv. Complete coverage of natural landscape materials, such Groundcover, or Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection. See Figure 17 for an example of internal landscaping.

3. Stormwater Drainage. All landscaped areas shall be protected by a raised six (6) inch concrete curb with openings to allow for the drainage of stormwater into the landscaped areas. See Figure 18 for an example of a concrete curb with drainage opening.

4. Redevelopment Sites. For existing sites undergoing redevelopment, see § UDC-2.10.13E.6 for applicability and requirements.

B. Residential Landscaping Requirements. Landscaping shall be required according to the following sections for all residential uses.

Figure 19. Location of Perimeter Landscaping Versus Internal Landscaping

1. Multi-Family Landscaping Requirements.

a. Perimeter Landscaping. Perimeter Landscaping shall be provided adjacent to all streets with a minimum width of ten (10) feet, exclusive of street Right-of-Way.

i. Plantings within the Perimeter Landscaping shall be determined by the following:

(a) Along all Freeways, Parkway Streets, Arterial Streets, and Collector Streets at least one (1) Shade Tree for every forty feet (40) of frontage shall be installed. One existing tree may be substituted for each new tree provided the existing tree is in good health and form. New trees must be planted within five (5) feet of the front lot line along the street and in line with other trees but not in conflict with utilities. The Director of Planning may permit additional minor setbacks or other adjustments to the planting strip to accommodate future right-of-way expansions, sidewalks, and utility lines.
(b) Complete coverage of natural landscape materials shall be provided with Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base, or Ornamental Grasses with a Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection.

ii. The Director of Planning may reduce the width of the required Perimeter Landscaping during Site Plan review when the reduction is required for a Public Improvement Right-of-Way acquisition.
iii. See § UDC-2.09.06D.6 for required landscape buffering adjacent to single family uses or districts.

b. Shrub Buffer. Where parking lots and drives abut the Perimeter Landscaping, Shrubs (5 gallon minimum) shall be planted to form a contiguous buffer along the common boundary line.

i. Shrubs shall be planted in planting beds.
ii. A berm may be placed within the Perimeter Landscaping in lieu of the required Shrubs unless needed for a headlight screen.

(a) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs.
(b) The slope of berm shall not exceed a 33 percent grade.

iii. If the parking lot is located fifty (50) feet or more from the street Right-of-Way line, no Shrubs or berms will be required unless needed for a headlight screen.

c. Internal Landscaping.

i. Internal Landscaping is required within parking areas in addition to the required Perimeter Landscaping.
ii. Plantings within the Internal Landscaping shall be determined by the following:

(a) Twenty (20) square feet of internal landscaping for each parking space.
(b) One (1) Shade Tree or two (2) Ornamental Trees per ten (10) parking spaces.
(c) All parking spaces must be within eighty (80) feet of a Shade Tree.
(d) Complete covering of natural landscape materials, such Groundcover or Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection.

d. Multiple Building Landscaping Requirements. If more than one Dwelling, Multi-Family (Apartment) building is placed upon a single lot, the following areas shall be landscaped:

i. A twenty (20) foot strip along the front or rear of the buildings as measured from the foundation.
ii. A ten (10) foot strip along all other sides of the buildings as measured from the foundation.
iii. Landscaping strip may consist of Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base, or Turf Grass.
iv. Areas for driveways shall be exempt from this requirement.

e. Stormwater Drainage.

i. All landscaped areas shall be protected by a raised six (6) inch concrete curb with openings to allow for the drainage of stormwater into the landscaped areas.
ii. Pavement shall not be placed closer than five (5) feet from the trunk of a tree unless a City-approved root barrier is utilized.

f. Redevelopment Sites. For existing sites undergoing redevelopment, see § UDC-2.10.13E.6 for applicability and requirements.

2. Landscaping Requirements for Single Family Developments.

a. At least two (2) Shade Trees or Ornamental Trees shall be provided in residential subdivisions for each lot, which may be achieved by existing trees consistent with the approved plant list.
b. All required trees must be planted and yard completely revegetated to prevent erosion and sedimentation prior to request for final building inspection of the dwelling unit.
c. Single family lots created prior to the effective date of this ordinance shall be exempt from this requirement.

C. Approved Plant Materials.

1. The Director of Planning shall be responsible for maintaining a list of approved plant materials. All required plants must be selected from the list.
2. If more than five (5) trees are required, at least two (2) types of tree species shall be incorporated.
3. The Director of Planning is authorized to limit species and placement to protect aboveground and underground infrastructure.

D. Additional Requirements. See § UDC-2.09.01D

E. Alternative Compliance Option. See § UDC-2.09.01E.

Lighting
Purpose, Application and Exemptions.

1. Purpose. See § UDC-2.09.12A.1 for detailed information.

2. Applicability.

a. Except as described below, all outdoor lighting installed after the date of the effect of this Ordinance shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.

b. This section applies to all development and properties within the city limits.

c. All private and public outdoor lighting shall be installed in conformance with the provisions of this Ordinance, applicable Electrical and Energy Codes, and applicable sections of the Building Code.

3. Use of Outdoor Public Lighting. Public outdoor lighting shall only be installed when necessary to address a public safety need, recreational need, and in conformance with this ordinance as determined by the Decision-Maker.

4. Exemptions. See § UDC-2.09.12A.4.

Nonconforming Existing Lighting. See § UDC-2.09.12B.

General Regulations.

1. Maintenance.

a. Structure. Piers for light poles taller than eight feet shall be designed by an Engineer competent in structural engineering. Soil condition and wind loading shall be accounted for in the pier design.

b. Quality and Appearance. All fixtures and supports shall be painted or otherwise treated to resist rust and corrosion and shall be maintained in an attractive condition and in a manner consistent with the surrounding architecture.

c. Condition. All fixtures and lamps shall be maintained in a working, serviceable condition at all times.

2. Prohibitions. See § UDC-2.09.12D.2 for details.

3. Street Lighting. Street lighting, other than at the intersection of roadways, shall utilize half-night photocells or timers to turn off the lights halfway between dusk and dawn. Passive reflective roadway markings are encouraged.

4. Lighting Units.

a. General.

i. Light sources shall be of a down-light, indirect, diffused, or shield type or so installed and maintained as to reduce glare effect and consequent interference with the with the use of adjacent properties and boundary streets.

ii. Fully shielded fixtures required where no light may be emitted above the fixture unless exempted in the "Exemptions" Subsection (4).

b. Appearance and Height. Standards, poles, and fixtures shall be of a single-color compatible with the architecture of the building(s) served. The height of such standards, poles, and fixtures, excluding those mounted on a building, shall not exceed the height of the highest roofline of the building(s) within the site, except as provided in Subsection 6 below and in § Table 21, Mounting Heights for Lighting in Parking Areas.

c. Type of Fixtures. All lighting shall be restricted to fully shielded types (see Figure 48).

5. Total Site Lumen Limit. See § UDC-2.09.12D.5 for details.

6. Recreational Area Lighting.

a. Outdoor recreational and/or athletic field lighting may be exempted from the strict shielding and CCT requirements above provided that all of the following conditions are met: see § UDC-2.09.12D.6.a for details.

b. Outdoor recreational lighting shall provide levels of illuminance consistent with the IES "Recommended Practice for Sports and Recreational Area Lighting," (IESNA RP-6-01) or current successor recommendations; and shall not exceed a temperature of 4000 K.

c. Height. Lighting for recreational uses (including athletic courts and fields) may employ standards, poles, and fixtures in excess of the heights prescribed in Subsection d. below.

d. Living Screen Required. Where recreational uses are adjacent to residential uses regardless of separation by streets, and such recreational use is illuminated in such a manner as to produce a light intensity in excess of 0.5 footcandles at the property lines of the residential use, a living screen shall be required in accordance with the following.

i. A variety of trees that normally grow to or in excess of a height of 40 feet shall be provided.

ii. Trees shall be planted at least 30 feet on center along the property line abutting the residential use.

iii. The tree variety shall maintain a crown width sufficient to form a continuous screen at height between 10 feet and 30 feet above grade.

iv. Such trees shall be a minimum of 1/3 the required height at the time of planting.

e. Recreational Lighting Shield Requirements. Outdoor recreational lighting shall be shielded to prevent light from shining up from the source and to prevent the source of the light from being visible from another property.

7. Flagpoles.

a. Property owners are encouraged to not illuminate flagpoles at night, but rather to hoist flags after dawn and lower flags before sunset. If flags are illuminated at night, it is permitted only with the following conditions:

i. Flagpoles shall be illuminated only from above. This may be achieved by utilizing a luminaire attached to the top of the flagpole or a luminaire mounted above the top of the flagpole on a structure within 15 feet of the flagpole and must comply with all sections of this article.

8. Public Lighting, Nonresidential, Multi-Family, and Mixed-Use Regulations. See § UDC-2.09.12D.8.

9. Walkway Lighting.

a. Intensity. All outdoor pedestrian areas and uncovered walkways, separate from parking areas or buildings but essential to the nighttime operation of nonresidential uses within nonresidential districts, shall be continually illuminated between sunset and sunrise. The level of intensity of illumination, measured at the walkway surface, shall be a minimum average of 0.8 footcandles.

b. Mounting Height. The mounting height of lighting fixtures shall not exceed 12 feet.

c. Type of Fixtures. Pole-mounted and wall-mounted fixtures shall be fully shielded, i.e. emitting light only downward.

10. Accent and Security Lighting.

a. Accent Lighting.

i.Accent lighting shall not exceed 600 lumens per fixture and shall be aimed only downward.

ii. Lighting shall be shielded to prevent light pollution or glare beyond the element intended for accent illumination.

b. Security Lighting.

i. Pole-mounted and wall-mounted fixtures shall be of a down-light or fully shielded type.

ii. If a rear yard security light is mounted higher than 10 feet, it shall be directed away from adjacent properties.

11. Outdoor Sign Lighting. Outdoor internally illuminated signs shall conform to the City of Buda sign regulations. No uplighting of signs shall be permitted.

Lots
A. Lot Design. Lot design shall provide adequate width, depth, and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the Subdivision for the type of development and use contemplated, and shall meet the requirements of the Zoning Regulations of the City.

B. Lot Frontage Requirement. Every lot shall have frontage on, and access to, a public street or private street meeting Right-of-Way standards. See 2.07.01: Residential Dimensional Regulations and 2.07.02: Nonresidential Dimensional Regulations for frontage requirements.

C. Lot Frontage Restrictions for Single Family Lots on Arterial Streets. Residential access shall be as specified by district in Subsection 2.03: Residential Zoning Districts.

D. Right Angles for Side Lot Lines. All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout.

E. Double Frontage and Reverse Frontage Lots.

1. Double frontage and reverse frontage lots shall be prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.
2. Where lots have double frontage, front building setbacks shall be established in accordance with the Zoning Regulations.

F. Lots with Septic Tanks. In a Subdivision where buildings are to be served by septic tanks, the size of lots shall be sufficiently large to accommodate adequate drainage fields and to meet the standards set forth by the State, County, or any other governmental unit having appropriate jurisdiction.

G. Land Subject to a 100-Year Flood.

1. Any land that, in its natural state, is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided or developed until receipt of evidence that the construction of specific improvements proposed by the Developer can be expected to yield a usable building site, i.e., Flood Study and FEMA CLOMR (Conditional Letter of Map Revision).

2. Thereafter, the Planning and Zoning Commission may recommend approval of the Plat; however, building construction upon such land shall be prohibited until the specific drainage improvements have been planned, construction completed, and a LOMR (Letter of Map Revision) been received from FEMA.

Modified Area Regulations and Standards
A. Interior Side Yard Setback Adjustment for Zero Lot Lines.

1. Patio Homes.

a. The interior side yard setback regulations in 2.07.01. above do not apply to the zero lot line side of patio homes (i.e., the exemption applies only to one side yard setback).
b. A patio home may only be built along the property line if another offset patio home is located adjacent to that side (i.e., the zero lot line side of a patio home shall not be located next to a traditional single family home).
c. Separation between buildings shall be no less than ten (10) feet.

d. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of opening.

See Figure 7 for an illustraion of Patio Homes.

2. Townhomes on Separate Lots.

a. This section addresses townhomes where multiple units are adjoined across property lines. This section does not apply to townhomes located within a single lot.
b. The interior side yard setback regulations in 2.07.01. above do not apply to the interior sides of townhomes on separate lots (i.e., the exemption does not apply to the end units).
c. Minimum lot frontage shall be thirty (30) feet.
d. Minimum lot size shall be three thousand (3,000) square feet.

See Figure 8 for an illustration of Townhomes on Separate Lots.

3. Duplexes on Separate Lots.

a. This section addresses duplexes that are adjoined across a property line. This section does not apply to a complete duplex located within a single lot.
b. The interior side yard setback regulations in 2.07.01. above do not apply to the zero lot line side of duplexes on separate lots (i.e., the exemption allows the housing structure to be split across two lots so each unit is located on its own lot).

See Figure 9 for an illustration of Duplexes on Separate Lots.

B. Separation of Structures. When more than one main building is located on the property (e.g., apartments or townhomes), the minimum separation between noncontiguous, adjacent structures shall be thirty (30) feet.

C. Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01: Alternative Compliance:

1. For infill development, reduction in the minimum front yard setback if necessary to be consistent with the neighboring lots.

Noise
1. At no point at the bounding property line of any use in any district shall the sound pressure level of any operation or plant exceed the decibel limits specified in the Octave Band groups designated in Table 23.

Table 23. Maximum Permissible Daytime* Noise Limits

Octave Band (cps)	Decibel Band Limit (db re 0.0002 microbar)
37 - 75	86
75 - 150	76
150 - 300	70
300 - 600	65
600 - 1,200	63
1,200 - 2,400	58
2,400 - 4, 800	55
4,800 - 9,600	53
A Scale	65

Note: "A Scale" levels are provided for monitoring purposes only and are not applicable to detailed sound analysis.

2. The following corrections shall be made to the table of Octave Band-decibel limits in determining compliance with these noise level standards:

a. Subtract 7 db when noise is present at nighttime.

b. Subtract 7 db when noise contains strong pure-tone components or is impulsive; that is, when meter changes at 10 decibels or more per second.

c. Add 10 db when noise is present for not more than:

i. 1/2 minute in any 1/2 hour period;
ii. 1 minute in any 1 hour period;
iii. 10 minutes in any 2 hour period; or
iv. 20 minutes in any 4 hour period.

d. Measurement of noise shall be made with a sound level meter or Octave Band analyzer meeting the standards prescribed by the American Standards Association.

Nonconforming Lots, Structures, and Uses
A. Intent of Provisions.

1. Purpose.

a. The purpose of this section is to establish provisions for the allowance and potential alteration of uses, lots, or structures that do not conform to currently applicable standards or regulations, but that were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

i. Nonconformities occur in three (3) categories, or combinations thereof:

(a) Nonconforming Lot. An existing lot that does not meet the dimensional requirements.
(b) Nonconforming Structure. An existing structure that does not meet the dimension requirements, masonry requirements, or landscaping requirements.
(c) Nonconforming Use. An existing use that does not comply with the permitted uses, landscaping, or parking requirements.

b. It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the UDC, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

B. Establishment of Legal Nonconforming Status. See § UDC-2.10.13B for details.

C. Burden of Demonstration. The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity. See § Table 30, Summary of Nonconformity Regulations for detailed information.

D. Nonconforming Lots.

1. Existing Platted Lots are Conforming Lots. Any existing lot platted prior to the adoption of this UDC, which was legally conforming, shall be deemed a conforming lot.
2. Residential Lot Exemption. The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than herein required that was an official "lot of record" prior to the adoption of this UDC may be used for a single family dwelling.

E. Nonconforming Uses.

1. Discontinuance of Nonconforming Use.

a. If a Nonconforming Use ceases operations for a period of more than six (6) months, then such Nonconforming Use shall be deemed to be permanently discontinued. Unless the Board of Adjustment reinstates the nonconforming rights pursuant to 7 below, such a use shall not be instituted on that parcel or other parcel in a district that does not permit the discontinued use.
b. For the purpose of this paragraph, to "cease operations" shall mean to intentionally terminate operations of the Nonconforming Use. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been discontinued, regardless of intent.

2. Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed. Buildings or structures that have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied only by a conforming use.

3. Prohibited Expansion of Nonconforming Uses.

a. A Nonconforming Use shall not be expanded or increased as of the effective date of this UDC except as provided in 4 below.
b. Any Nonconforming Use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a Nonconforming Use.
c. A Nonconforming Use shall not be changed to another Nonconforming Use.

4. Expansion of Nonconforming Uses. An expansion of a Nonconforming Use is allowed only in accordance with the following:

a. Nonconforming Use Expansion in an Existing Building.

i. A Nonconforming Use located within a building may be extended throughout the existing building, provided:

(a) No structural alteration may be made on or in the building except those required by law to preserve such building in a structurally sound condition; and
(b) The number of dwelling units or rooms in a residential Nonconforming Use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a Nonconforming Use.

ii. A Nonconforming Use within a building shall not be extended to occupy any land outside the building.

b. Nonconforming Use Expansion Located Outdoors. A Nonconforming Use located outdoors or that is otherwise not located in an existing building may be extended throughout the existing lot, provided:

i. The use does not extend beyond one lot, and
ii. The use is screened in accordance with 2.09.02: Fencing and Screening.

5. Noncompliance with Off-Street Parking Requirements. See § UDC-2.10.13E.5.
6. Noncompliance with Landscaping Requirements. See § UDC-2.10.13E.6.
7. Reinstatement of Nonconforming Use Rights. See § UDC-2.10.13E.7.

F. Nonconforming Structures.

1. Prohibited Expansion. A Nonconforming Structure shall not be expanded or increased as of the effective date of this UDC except as provided in subsection 3 below.
2. Conforming Use in a Nonconforming Structure. Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use.
3. Expansion of Nonconforming Structures. An expansion of a Nonconforming Structure is allowed in accordance with the following.

a. Buildings or structures that do not conform to the area regulations or development standards in this UDC but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming.

i. In Form Based Districts and the Historic Overlay District, buildings may be expanded, however any addition must meet the build-to zone requirements. The addition does not have to meet the build-to percentage for the lot.
ii. In Form Based Districts and the Historic Overlay District, new buildings may be placed on a lot or site with an existing building on it that does not meet the build-to requirement, all new buildings and additions must be placed in the build-to one until the build-to percentage for the lot has been met.

(a) In cases where a phasing plan showing intent to conform has been submitted to and accepted by the Planning Director this requirement may be modified.

b. The expansion must be conforming.

4. Restoration of Nonconforming Structures. See § UDC-2.10.13F.4 for details.
5. Movement of Nonconforming Structures. Nonconforming Structures shall not be relocated within the existing lot or to a different lot.

6. Completion of Structures. Nothing herein contained shall require any change in the plans, construction, or designated use of the following:

a. Approved Building. A building or structure for which a building permit has been issued or a site plan approved prior to adoption of this UDC.

b. Building in the Approval Process. A building or structure for which a complete Application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such Application was filed.

Nonresidential Design
A. Purpose and Intent.

1. This section of the UDC is intended to ensure that all nonresidential buildings shall be compatible with the architectural character and design as described within the Comprehensive Plan in terms of style, mass, material, height, roof design, and other exterior elements.
2. All buildings shall be finished on all four sides with the same materials (meeting the masonry requirements of 2.09.05: Building Materials.), detailing, and features and with a higher level of finish on the front facades (as set forth in the requirements below).

B. Applicability.

1. All nonresidential buildings shall comply with this section, with the exception of those located within the Light Industrial (LI) District or the Heavy Industrial (HI) District.
2. See 2.09.05: Building Materials for regulations regarding exterior building materials.

C. Nonresidential Building Orientation. Any building (excluding parking garages) within view of a public Right-of-Way shall either face such Right-of-Way or shall have a facade facing such Right-of-Way in keeping with the character of the front facade.

D. Nonresidential Elements Options.

1. Following is a list of design elements that, based upon the size of a building (see 2 below), shall be incorporated into a building’s design: See Table 19 for a list of nonresiential design element options.
2. A building’s floor area shall determine the minimum number of required design elements implemented in its construction as set forth in the table below: See Table 20 for the required minimum number of design element options.

E. Nonresidential Front Facade Entry Requirements.

1. A front facade shall be articulated and designed to present a distinctive entry presence, emphasizing the building’s entry point along the facade.
2. Each building shall provide a sheltered entry.

F. Nonresidential Building Articulation. Facade depth and height articulation shall be required on the front facade of a building, per the following:

1. Depth articulation of at least three (3) feet shall be required for every thirty (30) feet of building facade length. Depth articulation applies only below the roofline. See Figure 44 for an illustrative details.
2. Height articulation for flat roofs of at least five (5) feet shall be required for every fifty (50) feet of building facade length. Pitched roofs do not require height articulation. See Figure 45 for illustrative details.

G. Tripartite Building Design/Composition.

1. Buildings shall incorporate a tripartite building composition (base, middle and top).
2. The tripartite shall be proportioned to the other elements of the tripartite and the overall structure.

Figure 46. Tripartite Building Design/Composition

H. Roof Design Standards.

1. All structures shall be constructed with a pitched roof, flat roof with a parapet, true mansard roof, or any combination thereof.
2. All flat roof surfaces shall be screened from ground level views so that such roof surfaces are not visible.
3. Parking structure decks shall not be considered roofs.
4. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level. For the purpose of this paragraph, visible shall be defined as "capable of being seen at a height of six (6) feet while standing at the highest grade on the property line."

I. Alternative Compliance Option. A request for the following Alternative Compliance options may be submitted and acted upon in accordance with 2.11.01: Alternative Compliance:

1. Nonresidential Design Elements.

a. Alternatives to the nonresidential design elements listed in Table 18.
b. Alternatives shall produce a similar or greater level of architectural design than the elements listed in Table 18.

2. Nonresidential Building Articulation.

a. Alternative articulation standards which differ from the requirement found in F above may be approved.
b. Alternative articulation standards shall produce a similar or greater level of articulation than the requirement found in F above.

Odorous Matter
1. No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

2. The odor threshold as herein set forth shall be determined by observation by the enforcing officer. The method and procedures as specified by American Society for Testing Materials ASTM-D1391 entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of ASTM-D1391 is hereby incorporated into this Ordinance by reference.

Off-Street Parking
Applicability.

1. Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any permitted use unless vehicle parking is provided according to the following standards.
2. Vehicle parking shall be provided on the lot or tract, on an immediately contiguous lot or tract, or as part of a shared parking agreement.

General Requirements.

1. Number of Spaces.

a. The minimum number of spaces shall be as indicated in 2.06.05. Use Chart.
b. The total parking requirement shall be the sum of the specific parking space requirements for each use classification included in the building or development.
c. Floor Area of parking garages shall be excluded in computing the parking requirements of any use.
d. Adjacent on-street parking spaces (along the lot line or within the development) shall count toward the minimum parking requirements in the form districts. See § UDC-2.10.10R.
e. When 50 to 99 parking spaces are required, at least one (1) electric vehicle parking space shall be provided. When 100 or more parking spaces are required, at least two (2) electric vehicle parking spaces shall be provided.

2. Parking Areas and Driveways.

a. Maintenance. All parking areas and driveways shall be maintained to the City’s specifications.

b. Nonresidential Parking Areas and Driveways. Unless otherwise noted, all parking areas and driveways for nonresidential uses shall be curbed and paved with asphalt or concrete unless otherwise approved. See § UDC-2.10.10R for driveways allowances in the form districts.

c. Residential Parking Areas and Driveways.

i. Unless otherwise noted, parking areas and driveways for residential uses shall be of a paved or finished permeable surface (i.e., no gravel, grass, or dirt).
ii. Single family residential lots greater than one (1) acre are exempt from this requirement, however a paved driveway apron must be provided within the Right-of-Way.
iii. Parking for multiple family dwellings (Dwelling, Multi-Family (3-Plex/4-Plex) and Dwelling, Multi-Family (Apartment)) is prohibited between the front facade and a public street or public access easement.

3. Parking Space Dimension. All parking spaces must be at least nine (9) feet wide by eighteen (18) feet deep.

Parking Requirements for New or Unlisted Use. Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be determined by the Director of Planning as those of a similar use.

Circulation and Parking Requirements for all Nonresidential Developments.

1. Applicability. The regulations provided in this section shall apply to all nonresidential development.
2. Wheel Stops or Bollards. If curbs are not provided, then parking spaces that face and are adjacent to a building or required landscaped area shall utilize wheel stops or bollards, within twelve (12) inches from the end of the space.
3. Area Layout.

a. Parking lots shall be laid out to continue the street/block pattern of the area so that the lots can easily be redeveloped with buildings consistent with the design of the surrounding development.
b. No more than fifty (50) percent of parking may be located between the front facade and a public street unless outlots are present.

4. Parking Sub-Lots.

a. Large surface parking lots shall be visually and functionally segmented into several smaller sublots by landscaped areas. Each sub-lot shall contain a maximum of fifty (50) parking spaces.

i. An additional fifty (50) parking spaces are allowed for each five (5) percent of interior landscaping provided above the minimum, up to two hundred (200) spaces.

b. For every parking area, a landscaped median/divider at least fifteen (15) feet wide shall be installed to help break up sub-lots of large parking fields. These medians shall contain pedestrian walkways to offer safe, marked routes between parking spaces and building entries.

5. Pedestrian Circulation.

a. Circulation patterns must be as simple as possible.
b. All likely pedestrian routes must be considered in the design phase of a development to prevent shortcuts through parking and landscape areas.
c. An internal pedestrian walkway, ADA accessible, at least six (6) feet wide must be provided from the perimeter public sidewalk to the primary public entrance. Internal pedestrian walkways must be distinguished from driving surfaces by textured pavement or painted pavement and lighting.

6. Fire Lanes. In addition to I below, aisles must meet fire lane requirements where applicable.

Stacking Requirements.

1. Purpose. Stacking spaces provide the ability for vehicles to queue on-site prior to receiving a service.
2. Stacking Space Size and Location. A stacking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall not be located within or interfere with any other circulation driveway, parking space, fire lane, or maneuvering area.
3. Number of Required Queuing Spaces (All Districts). In all Districts, at the time any building or structure is erected or altered, queuing spaces shall be provided in the number and manner set forth in the following list of property uses.
See Table 15 for minimum required queuing spaces.

Parking Space Design Details. Each standard off-street surface parking space size shall be in accordance with the design standards as shown on the following illustrations for space size and design. Note that all drive aisles must meet the City’s Fire Code requirements.

See Figures 22-28 for the different traffic pattern layouts.
See 2.09.03: Off-Street Parking. for complete information on off-street parking.

Open Storage
No open storage of materials or commodities shall be permitted except as an accessory use to a main use and which is located in a building. No open storage operation shall be located in front of the main building and no storage use shall constitute a wrecking, junk, or salvage yard, except when such is approved with development and operation standards as a Specific Use Permit.

Public Facilities Construction
Minimum Standards.
A. Basis for Standards. The standards established within this Unified Development Code and the Engineering Criteria Manual for dedication and construction of public facilities and infrastructure are based upon engineering studies and historical usages and demands by different categories of development.

B. Minimum Level of Service Necessary. This UDC identifies certain minimum requirements and sizes for utilities, roadways, parks, and other facilities that have been determined by the City Council to be necessary in order to provide the minimum level of service necessary to protect or promote the public health, safety, and welfare and to ensure the quality of life currently enjoyed by the citizens.

1. It is the intent of this UDC that no development occur until, and unless, these minimum levels of service are met.
2. Therefore, each Subdivision in the City shall be required to dedicate, construct or upgrade required facilities and infrastructure to a capacity that meets these minimum levels.

C. Minimum Standards for Public Infrastructure.

1. For each category of public infrastructure, a minimum standard of infrastructure has been developed based upon historic studies and construction projects of the City and other cities.
2. The minimum standards reflect the minimum level of facilities that can be built to meet the health, safety and welfare of the citizens.

Adequate Public Facilities.

A. Services Required. Land proposed for development in the City and in the City's extraterritorial jurisdiction (ETJ) must be served adequately by essential public facilities and services, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities, and park and open space facilities.

B. Approval Timing. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site.

C. Rough Proportionality and Fair Share Policy Statement.

1. The City requires that a new development project contribute its fair and proportional share of such costs.
2. There is a direct correlation between the increased demand on public facilities that is created by a new development, and the City's requirements to dedicate Right-of-Way and Easements and to construct a fair and proportional share of Public Improvements that are necessary to offset such impacts such that new development does not negatively affect the City as a whole.
3. A fair and proportional share shall be determined as the level or standard of service that is required to adequately serve a new development.
4. Standards relating to the dedication or construction requirements shall be roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system.
5. See 3.06.02: Subdivision Proportionality Appeal for proportionality approval procedures.

Public Improvements
Conformance to Plans and Codes.
A. Public Improvements Conform to Plan and Codes.

1. Design and construction of Public Improvements must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation.

a. The Transportation Plan;
b. The Texas Uniform Traffic Control Device Manual;
c. American Association of State Highway Transportation Officials Design Manual;
d. Texas Health Code;
e. Engineering Criteria Manual;
f. Texas Water Code; and
g. All other codes and ordinances of the City.

B. If the construction of Public Improvements is not completed within two (2) years from the Preliminary Plat approval date, then the infrastructure must be redesigned using the most current criteria.

Rainwater Harvesting
1. Purpose. Rainwater harvesting allows for the reuse of rainwater for non-potable irrigation purposes. This practice is intended to reduce stormwater runoff and water consumption.
2. General Regulations.

a. Storage tanks are required to have an overflow spout.
b. Storage tanks must be clearly labeled "RAINWATER - DO NOT DRINK".
c. Storage tanks must be maintained in a condition that does not create a public nuisance or public health hazard.
d. If the storage tank is connected to a potable water supply through an irrigation system, it must utilize backflow prevention measures.
e. Facilities must meet the City’s technical specifications.

3. Residential Purposes. Storage tanks larger than fifty-five (55) gallons shall not be located in front of the front building face.
4. Nonresidential Purposes. Storage tanks larger than 1,500 gallons shall be considered an Accessory Structure (see 2.09.04. Accessory Structures).
See § UDC-2.09.13B.2 for an illustrative example of rainwater collection.

Residential Adjacency
A. Purpose. The intent of this section is to preserve and protect the integrity of single family residential neighborhoods, to protect the quiet enjoyment of single family residential properties, and to maintain property values.

B. Applicability.

1. The following residential adjacency standards shall apply to all non-single family development within the R-4, R-5, B-1, B-2, B-3, LI, and HI zoning districts that lie within four hundred (400) feet of properties used for single family residences in the Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District.

2. For purposes of the section, the four hundred (400) foot distance shall be measured from the nonsingle family residential building or use to the property line of the single family residence.

C. Land Uses Requiring a Specific Use Permit. See Specific Use Permits for more infromation.

1. The following uses require a Specific Use Permit when located within the Arterial Business (B-2) District and within four hundred (400) feet of residential uses, in addition to the regulations of 2.06.05: Use Chart:

a. Automobile Parts Store.
b. Automobile Service Garage (Major).
c. Automobile Service Garage (Minor).
d. Car Wash, Full Service.
e. Car Wash, Self Service.
f. Feed Store.
g. Gasoline Filling or Service Station/Car Wash.
h. Grocery, Supermarket.
i. Shooting Range, Indoor.

2. In the event of a conflict between this section and 2.06.05. Use Chart, the more strict application shall apply.

D. Development Regulations.

1. Roof Design Standards.

a. To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a footprint of 6,000 square feet or less shall be constructed with a pitched roof.
b. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides).
c. Standing seam metal roofs shall be constructed of a factory-treated, non-metallic, non-reflective matte finish.
d. Metal roofs with lapped seamed construction, bituminous built-up roofs, and flat, membrane-type roofs that are visible are not permitted.

2. Loading and Service Areas.

a. Loading and service areas shall be located at the side or rear of buildings.
b. Where visible from the property line, a solid masonry screening wall at least ten (10) feet in height shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery. This wall must screen the entire loading dock or space.
c. Screening materials shall utilize similar masonry materials to the building’s facades.
d. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required.

3. Building Setbacks and Height.

a. A non-single family structure shall not be built within forty (40) feet of a single family residential property line.
b. Structures set back at least forty (40) feet from the property line may be up to twenty (20) feet in height, or up to a line having a slope of 1:4 from the single family residential property line, whichever is greater (see Figure 30).

Figure 30. Residential Slope Analysis

4. Screening. See § UDC-2.09.02B Screening and Fencing of Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Parks.

5. Lighting.

a. Mounting height of light fixtures shall not exceed fourteen (14) feet within fifty (50) feet of properties used for single family residences.
b. See 2.09.12: Lighting for other regulations related to lighting.

6. Landscaping.

a. For buildings less than twenty-four (24) feet in height, a landscape buffer 25 feet wide, including a row of Shade Trees on thirty (30) foot centers and four (4) five-gallon shrubs per tree, shall be planted along the property line adjacent to the single family use or district. No structures may be placed within the buffer area.
b. For buildings twenty- four ( 24) feet in height or greater, a landscape buffer 40 feet wide, including two ( 2) alternating rows of Shade Trees on thirty ( 30) foot centers and four ( 4) five -gallon shrubs per tree, shall be planted on thirty ( 30) foot centers adjacent to the single family use or district. No structures may be placed within the buffer area.

7. Refuse Receptacles.

a. No trash receptacles or recycling receptacles shall be located within fifty (50) feet of properties used for single family residences, unless there is no other feasible location and the Director of Planning determines the placement will not have a significant effect on the nearby residential properties.
b. Trash and recycling receptacles shall be four sided with a metal gate and shall be located to the side or rear of the principal building.
c. Trash and recycling receptacles shall be screened by a solid masonry screen at least eight (8) feet in height and shall utilize similar masonry materials to the building’s facades.
d. Refer to § UDC-2.08.01E for refuse receptacle standards within Form Districts.

8. Cut and Fill Standards. See § UDC-2.09.06D.8 for detailed information.
9. Relief from Cut and Fill Standards. See § UDC-2.09.06D.9 for detailed information.

Sidewalks
A. Sidewalks Required. Sidewalks and pedestrian ways are required as a part of Subdivision Plat approval to help the City achieve the following:

1. Promote the mobility, health, safety, and welfare of residents, property owners, and visitors to the City and to implement objectives and strategies of the Comprehensive Plan.
2. Improve the safety of walking by providing separation from motorized transportation and improving travel surfaces for pedestrians.
3. Improve public welfare by providing an alternate means of access to transportation and social interaction, especially for children, other citizens without personal vehicles, or those with disabilities.
4. Facilitate walking as a means of physical activity recognized as an important provider of health benefits.

B. Properties along IH-35. Properties adjacent to IH-35 are not be required construct sidewalks adjacent to the frontage road, however a fee-in-lieu of sidewalk construction is required.

C. Sidewalk Location, Design, and Construction.

1. Sidewalks shall be constructed for both sides of all streets within a Subdivision.
2. Sidewalks shall be constructed along all lots adjoining dedicated streets, along major Arterial Streets where lots do not adjoin the street, across power line easements, and in other areas where pedestrian walkways are necessary.
3. Sidewalk width shall be as follows:

a. At least six (6) feet along all Collector and Arterial roadways;
b. At least five (5) feet in all other areas;
c. Compliant with the City of Buda Transportation Mobility Master Plan and Trails Plan; and
d. Compliant with any Overlay District requirements.

4. Routing to clear poles, trees or other obstacles shall be subject to City Engineer approval.
5. The Plat or Construction Plans shall show the location of all proposed sidewalks and shall state at what stage of the project they will be constructed.
6. Sidewalks must be installed against the Right-of-Way line unless the City Engineer approves an alternate location in writing.
7. At least five (5) feet of grass or other permeable ground cover shall be provided between the roadway and sidewalk unless the City Engineer determines this is not feasible through a written determination.
8. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other improvements to the Subdivision.
9. All sidewalks shall conform to Federal American with Disabilities Act (ADA) requirements and barrier-free ramps should be provided for access to the street.
10. Requirements for sidewalk construction may be replaced with a fee-in-lieu in special circumstances as determined by the City Engineer in accordance with the City of Buda Adopted Fee Schedule.

Sight Visibility Triangle
Purpose and Applicability.
A. The intent of this Subsection is to promote safe roadways by ensuring adequate visibility at intersections.
B. These regulations are effective whenever any development is occurring or any objects are placed or modified within the Sight Visibility Triangle as defined by the section below.

Regulations.
A. The Sight Visibility Triangle shall remain open and completely unobstructed at a height between two (2) feet and eight (8) feet above the top of the adjacent curb. This includes signage, plantings, fences, or any other items.

B. No development requiring a permit shall occur within the Sight Visibility Triangle at any height.
C. Sight Visibility Triangle shall be indicated as an easement on Plats and identified on Site Plans.

D. Sight Visibility Triangle minimum leg dimensions shall be determined according to the following:

1. Street/Street Intersection: Twenty-five (25) feet. See Figure 60.
2. Street/Alley Intersection: Fifteen (15) feet. See Figure 61.
3. Driveway/Street Intersection: Fifteen (15) feet. See Figure 62.

E. Modified Dimensions.

1. Reduction. The required dimensions in D above may be reduced by the City Engineer if the City Engineer determines that the reduction is necessary due to site-specific constraints and does not negatively impact the safety of the intersection.

2. Increase. The required dimensions in D above may be increased by the City Engineer if the City Engineer determines that the increase is appropriate due to site-specific constraints and roadway speeds to ensure the safety at the intersection.

a. Increased sight distances shall be calculated in accordance with the latest edition of the AASHTO "A Policy on Geometric Design of Highways and Streets."
b. If a field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information prepared by a registered professional engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location.

3. Intersection Sight Distance. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner so as to materially impair the Intersections Sight Distance (ISD) as defined in the current edition of the American Association of State Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Streets; without approval of a variance by the City, except that fences, walls, or hedges may be permitted provided that such fences, walls, or hedges do not impair vision from three (3) feet to six (6) feet above the curb line elevation.

Sign Regulations
General Provisions.  See 4.02.01: General Provisions for detailed information.
Applicability.  See 4.02.02: Applicability for detailed information.
Prohibited Signs. See 4.02.04: Prohibited Signs for a list of prohibited signs.
Regulations.
Signs must meet all applicable standards as set forth herein and all City codes as amended, regardless of whether a permit is required.

A. Nonconforming Sign.

1. These regulations shall apply to all Nonconforming Signs. All Nonconforming Signs shall be brought into compliance with this Subsection in accordance with the provisions of these regulations.
2. Signs erected on a property prior to its annexation and not in compliance with this Code shall be considered Nonconforming Signs until such time as they are brought into compliance in accordance with this Subsection.
3. All Nonconforming Signs that were erected in violation of the ordinances of the City in existence at the time the sign was permitted or should have been permitted, and which violation was or has not been cured, shall, upon written notice, be required to be brought into compliance with this Subsection or removed within a reasonable time frame specified by the Director of Planning, but not to exceed thirty (30) days from the date of notice.
4. Nonconforming Signs that do not comply with the City Building Codes shall be subject to enforcement under the Building Codes, as well as this Subsection. Repairs or modifications required under the City Building Codes shall not entitle the owner of the Nonconforming Sign to compensation under this Subsection.
5. All Nonconforming Signs shall be subject to the following provisions:

a. Whenever a land use changes, any nonconforming sign must be modified so as to be in full compliance with these sign regulations.
b. Any Nonconforming Sign that has been destroyed or damaged to the extent that the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location shall be removed or shall be brought into compliance with this Subsection within six (6) months from receipt of an order from the Director of Planning, without compensation being paid by the City to the owner.
c. No Nonconforming Sign shall be required to be relocated or removed unless such Nonconforming Sign is more than sixty (60) percent destroyed or damaged as provided in b above.
d. Any water storage device displaying signage existing at the date of this adoption is considered nonconforming and precluded from restoring any type of signage upon repainting of the water storage device.

B. Location. No signs shall be allowed in the public Right-of-Way except for those specifically licensed or permitted by the City, State or a political subdivision of the State exercising jurisdiction where the sign is located.
C. Construction. All signs shall be designed, constructed, and maintained in accordance with the following standards:

1. All signs shall comply with applicable provisions of the adopted versions of the City Building Codes, the National Electrical Code, and Section 4 of the Uniform Sign Code at all times.
2. Except for Temporary Signs Submit to Permits, and Window Signs conforming in all respects with the requirements of this Subsection, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

D. Maintenance. All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Code, at all times.

E. Obstruction of View.

1. No sign may be erected, constructed, maintained or allowed to remain that constitutes an obstruction to or which interferes with a clear line of sight of approaching motor vehicles.
2. No sign may be erected, constructed, maintained or allowed to remain that constitutes an obstruction to the view of pedestrians upon or entering a public or private street.
3. No sign may be located within the Sight Visibility Triangle (see Subsection 4.01: Sight Visibility Triangle).

F. Illumination. Illuminated signs are subject to the following requirements.

1. Signs that are illuminated at night may not exceed a maximum luminance level of seven hundred fifty (750) NITS, regardless of the method of illumination.
2. Any externally illuminated sign shall be shielded so as not to cast direct light or glare onto any residential district and as not to create a safety hazard, including distraction of vehicle operators or pedestrians in the public Right-of-Way.
3. All illuminated signs must comply with the maximum luminance level of seven hundred fifty (750) NITS at least one-half hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.
4. A sign that is designed to emit a luminance level exceeding seven hundred fifty (750) NITS must have an automatic dimmer control that produces a distinct illumination change from a higher to a lower level for the time period between dusk and dawn.

Changeable Electronic Variable Message Sign. See 4.02.06: Changeable Electronic Variable Message Sign.
Dimensional Calculations.

A. Sign Area. Sign area shall be calculated in square feet, and by means of the smallest square, circle, rectangle, or combination thereof that will encompass the sign face.

B. Calculation of Area of Multifaceted Signs. The sign area for a sign with more than one face shall be calculated by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be calculated by the measurement of one of the faces.

See Figure 63 for examples of sign area calculation.

C. Sign Height. Sign height shall be measured in linear feet. The overall height of a Freestanding Sign or other sign structure is measured from the lowest grade level within ten (10) feet of the base of the sign to the highest point of the Freestanding Sign or other sign structure. See Figure 64 for examples of sign heights.

D. Sign Width. Sign width shall be measured in linear feet from the farthest outermost point on each side of a sign.
E. Setbacks. Setbacks shall be measured in linear feet from property lines.
F. Spacing. A minimum distance of fifty (50) feet must be maintained between all Freestanding Signs. The spacing requirement applies to all signs on a single lot and the distance to the nearest sign on an adjacent lot.

Types of Signs. See 4.02.08: Types of Signs.
Exempt Signs. See 4.02.09: Exempt Signs.

Site Design Standards for all Form Districts

1. Cross-access shall be provided between all developments within the Form Districts.
2. Connections are required for any development within a Form District located adjacent to a residential development according to the following:

a. For developments less than ten (10) acres, at least one (1) street connection and one (1) pedestrian connection shall be required.
b. For developments ten (10) acres and larger, at least two (2) street connections and two (2) pedestrian connections shall be required.
c. Connections shall be located to avoid conflicts with the service areas of the Form District development.
d. The Director of Planning may approve a reduction in the number of connections where physical or site development constraints exist.

3. Crosswalks are required at all street intersections and shall be delineated with variations in material, textures, paving patterns, and color.
4. Parking areas cannot extend beyond the facade of the building on the primary or side street. Circulation routes are permitted.
5. Adjacent on-street parking (along the lot line or within the development) meeting City standards shall be credited toward the minimum parking requirement.
6. Trash and recycling receptacles may be located within fifty (50) feet of properties used for single family residences but shall be visually screened from adjacent residential uses and pedestrian rights-of-way. Screening shall be achieved through the installation of a wall, a semi-opaque fence, solid vegetative surface or a combination. Screening must be six (6) feet in height or a height sufficient to obscure the refuse receptacles.
7. In the case of irregular lots, refer to Figure 6, Zoning Dimensional Regulations as an example of how to apply dimensional requirements.
8. See § UDC-2.09.03C Shared Parking Calculation for shared parking options.
9. Outside Storage is prohibited in Form District developments.
10. The Director of Planning may approve a reduction of parking spaces required by 2.06.05: Use Chart, based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., alternative transportation, connectivity to adjacent neighborhoods, sales receipts, documentation of customer frequency, etc.).

See Subsection 2.08: Form Based Code for complete, detailed information.

Smoke and Particulate Matter
1. The following regulations shall apply to the extent allowed by municipal authority under State and Federal law.

2. No operation or use shall cause, create or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the property line are:

a. As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines Information Circular 7118.

b. Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in a above except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, the standards in a and this b shall not apply.

c. The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour.

d. The open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter, or which involves dust or other particulate air contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage, or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air.

Solar Energy Systems, Small
Small Solar Energy Systems.

a. Accessory Use. A small solar energy system is allowed as an accessory use in all zones in which structures are permitted.

b. General Standards. Small solar energy system devices must be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard, and must meet the following applicable requirements:

i. Ground-Mounted.

(a) Ground-mounted solar energy systems are considered structures and must meet applicable setbacks for the zoning district, and shall be located in the rear yard.
(b) The solar panels and supporting framework cannot extend more than six (6) feet above the existing grade.

ii. Roof-Mounted.

(a) Roof-mounted systems shall be mounted as flush as possible to the roof but in any case not more than twelve (12) inches above the existing roof surface.
(b) Roof-mounted systems must also be in compliance with the maximum building height for the applicable zoning district.
(c) Roof-mounted systems that are visible from the nearest edge of the street frontage Right-of-Way shall not have a highest finished pitch more than five (5) percent steeper than the roof pitch on which the system is mounted, and shall be no higher than sixteen (16) inches above the roof.

See § UDC-2.09.13A.1 for an example of a rooftop system.

c. Coverage. Roof or building mounted solar energy systems, excluding building-integrated systems, shall not cover more than eighty (80) percent of the roof upon which the panels are mounted, and shall be set back from the roof edge by a minimum of one (1) foot. The surface area of pole or ground mount systems shall not exceed half the building footprint of the principal structure.

Street Lighting
Street Lighting and Related Features.

1. Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook.
2. Round tapered standards with bracket arms shall be used and lighting levels, as recommended, shall be provided for very light traffic in residential areas, medium traffic on Collector Streets, and heavy traffic on Arterial Streets.
3. In no instance shall the spacing between street lights exceed six hundred (600) feet.
4. Cost of installation of street lighting shall be borne by the Developer.
5. Street lights must meet the Pedernales Electric Cooperative standards for maintenance.
6. The City may establish a standard specification for all aspects of the street light structure within a separate technical manual.
7. Installation of street lights, typically decorative in nature, that exceed the specification requires a written and recorded agreement with the HOA establishing the means of long-term maintenance and replacement. All bases must be compatible with the City's standard pole design.
8. The City may choose to exceed its own standard specification at its discretion for special programs and districts (such as historic districts and similar) for street lights, decorative street signs, and decorative traffic control devices.

Street Standards
A. Lighting.

1. Intent. Lighting varies in brightness and also in the character of the fixture according to the Form District. The table shows common types of lighting. See 2.09.12: Lighting for glare control and standards for the control of light and glare.

2. Applicability. These standards apply to all Form Districts (except as exempted in 2.10.13: Nonconforming Lots, Structures, and Uses). See 2.09.12: Lighting for additional applicability.

See Table 12 for illustrations of Lighting Standards.

Street Types
A. Section A — Parkway Boulevard (F1, F3, F4). Parkways are multi-lane roadways with well-landscaped medians and sidewalks that provide recreational paths. They move vehicles, bicycles, and pedestrians through the City. These streets function not only as transportation corridors connecting one part of the City to the others, but also as linear green spaces with multi-use trails, shade, seating, open space, and stormwater management. See § UDC-2.08.05A for more detailed information.

B. Section B — Community Boulevard (F3, F4). Community Boulevards are balanced, multi-purpose streets. They are a central spine of the larger street network for vehicles, bicycles and pedestrians, and therefore should be located in areas that enhance the existing street system and give it clarity and coherence. In designing boulevards, care must be taken to ensure that all components of the boulevard are working together in a coherent whole. Boulevards are especially appropriate where there is a need to carry both slow, local traffic and fast, through-moving traffic. See § UDC-2.08.05B for more detailed information.

C. Section C — Neighborhood Boulevard (F3, F4, F4H). Neighborhood Boulevards are intended to calm traffic on medium to high-speed roads that travel through residential or mixed-use areas. Neighborhood Boulevards are intended to reduce high travel speeds, make it easier and more comfortable to walk along the street, cross the street, improve bicycling conditions and make left turns.
See § UDC-2.08.05C for more detailed information.

D. Section D — Promenade Street (F4, F5, F5H). Promenade Streets handle high pedestrian volumes and levels of activity throughout the day. Due to their importance, visibility, and high levels of pedestrian activity, Promenade Streets should have generous sidewalks, consistent shade, pedestrian amenities, formal design treatments, and provide short term parking for shoppers and visitors.
See § UDC-2.08.05D for more detailed information.

E. Section E — Community Connector Street (F3, F4, F4H, F5, F5H) Community Connectors carry local traffic to major destinations such as downtown, regional shopping centers, parks and larger roadways. They are intended to accommodate people walking, biking and driving through town. See § UDC-2.08.05E for more detailed information.

F. Section F — Active Street (F4, F5, F5H). Active Streets are designed to balance the needs of pedestrians, cyclists, moving vehicles and parked vehicles. They are intended for vibrant areas that serve a variety of land uses from residential to retail and community uses.
See § UDC-2.08.05F for more detailed information.

G. Section G — Neighborhood Connector Street (F4, F4H, F5, F5H). Neighborhood Connector Streets are intended to provide connections within neighborhoods. They are not intended for through traffic beyond the neighborhood.
See § UDC-2.08.05G for more detailed information.

Section H — Neighborhood Local Street (F1, F3, F3H, F4, F4H). The primary role of Neighborhood Residential Streets is to contribute to a high quality of life for residents of Buda. Typically, they are not more than two travel lanes (one in each direction) and are not intended for through-traffic. Parking can be accommodated on either side of the street, and will act to slow down traffic as drivers will need to yield to pass. The design of Residential Streets focuses on encouraging slow speeds. See § UDC-2.08.05H for more detailed information.

Streets
A. General.

1. The purpose of this section is to ensure adequate and safe pedestrian and vehicle circulation within the City and ETJ, and into adjoining areas.
2. All homes must be accessed by a public street. Gated subdivisions are not permitted within the City limits or ETJ.
3. All developments shall provide for streets and sidewalks to serve said development in accordance with requirements included or referenced herein.
4. The Developer shall, at his/her own cost and expense, pay for constructing all Alleys, Local Streets, and Collector Streets within the Subdivision.
5. The Developer shall be responsible for the costs of Right-of-Way and street improvements, in accordance with the policies and standards herein. Additional Right-of-Way may be required at some street intersections to accommodate utilities, sidewalks, traffic control devices, or sight distances.
6. See § UDC-2.09.02E.2 for fence requirements related to subdivisions backing to major roadways for details.

B. Street Classification and Design.

1. Street classifications shall be as outlined in the Transportation Master Plan.
2. Bikeways shall be provided according to the Transportation Master Plan Recommended Bicycle Network and be designed according to the Engineering Criteria Manual.
3. All dedicated streets shall conform to the construction criteria contained in the Engineering Criteria Manual.
4. The City may prescribe vertical or horizontal geometric design to calm traffic and promote a healthy pedestrian environment.
5. See § UDC-3.05.05C Connectivity Index for additional requirements.

C. Street Layout.

1. A Subdivision's street system shall be coordinated and connected with the existing and proposed streets in the surrounding area. Streets shall connect to streets in adjacent Subdivisions to allow convenient movement of traffic between neighborhoods.
2. Openings to adjoining residential properties shall occur at least every nine hundred (900) feet or in alignment with abutting Subdivision streets along each boundary of the Subdivision.
3. Intersections and Offsets.

a. Streets shall intersect at safe and convenient locations at ninety (90) degree angles when possible, but in no case less than seventy (70) degree angles.
b. At least five hundred (500) feet shall be provided between median openings.

c. At least one hundred fifty (150) feet shall be provided between street jogs at intersections unless the City Engineer determines that no other practicable alternative exists.

4. Stub Outs, Cul-de-Sacs, and Dead-End Streets.

a. Street stub outs shall be provided for connections to future development.

i. If no development occurs and a stubbed street is to be terminated, the Developer is responsible for creating a permanent end to the street.
ii. A temporary turnaround shall be provided as follows for any dead-end street that exceeds two hundred (200) feet in length from the nearest intersection.

(a) For single family districts, a paved turnaround of at least one hundred (100) feet in diameter and a Right-of-Way of one hundred twenty (120) feet in diameter.
(b) For nonresidential and multi-family districts, a paved turnaround of at least one hundred twenty (120) feet in diameter and a Right-of-Way of one hundred fifty (150) feet in diameter.

b. A cul-de-sac street shall be platted and constructed with a concrete paved cul-de-sac at the closed end having a turnaround with a minimum outside paving diameter of at least one hundred (100) feet and a minimum street Right-of-Way diameter of at least one hundred-twenty (120) feet.
c. Cul-de-sacs and dead-end streets shall not exceed three hundred (300) feet in length unless no other alternative is available as determined by the City Engineer.

5. "Eyebrow" and "Elbow" Street Corners

a. The minimum centerline radius for the eyebrow shall be fifty (50) feet;
b. From the point of intersection of the centerlines of the street sections leading into the turn, the radius to the Right-of-Way shall be fifty (50) feet and the radius to the edge of pavement shall be forty (40) feet;
c. The return radius of the eyebrow shall be twenty-five (25) feet; and
d. The interior angle of the eyebrow shall be between eighty (80) and one hundred (100) degrees.

D. Access for Single Family Developments. See § UDC-3.05.08D for details.
E. Street Names, Signs, and Lighting.

1. Streets shall be named to provide continuity with existing streets. Names of new streets shall not duplicate or cause confusion with the names of existing streets.
2. Street signs shall be furnished and installed by the Developer for all intersections within or abutting the Subdivision.
3. Such signs shall be of a type approved by the City and include the block number.
4. Street signs shall be installed in accordance with the prescribed type currently in use by the Manual on Uniform Traffic Control Devices.
5. Street marking shall be applied by the subdivider in compliance with requirements set forth in the Engineering Criteria Manual and the most recent edition of the Texas Manual on Uniform Traffic Control Devices.
6. Street lights shall be installed by the Developer at major street intersections within the Subdivision or site development, and at major intersections on the boundaries of the Subdivision in accordance with the requirements set forth in 2.09.12. Lighting, as deemed appropriate by the City Council.

F. Alleys. Unless explicitly required, alleys are optional improvements and may be constructed at the discretion of the Developer. If alleys are constructed, then the alleys shall be required to meet these regulations.

1. Reinforced Concrete or Asphalt Construction. All alleys shall be paved with reinforced concrete or asphalt.
2. Alley Fences. Where driveways connect to alleys in commercial, industrial, or residential areas, fences may be constructed along the rear lot line of any lot to a point within five (5) feet of a point where the driveway would intersect the alley pavement at 90 degrees.
3. Alley Right-of-Way Width and Design. See Engineering Criteria Manual.
4. Intersections at Right Angles. Alleys shall intersect streets at right angles or radially to curved streets.
5. Intersections at Arterial Streets Prohibited. Alleys shall not intersect Arterial Streets.
6. Dead-End Alleys. Dead-end alleys shall be provided with adequate turn-around facilities.
7. Access. Alleys shall not be the sole point of access to a particular lot.

G. Street Right-of-Way Dedication. See § UDC-3.05.08G for details.

Toxic and Noxious Matter
No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3 as amended, a copy of which all subsequent amendments thereto is hereby incorporated by reference and is on file in the office of the City’s Building Inspector.

Traffic Impact Analysis
Purpose.
1. The purpose of a Traffic Impact Analysis (TIA) is to assess the effects of specific development activity on the existing and planned roadway system. Development activity may include but is not limited to a rezoning, plan of development approval, Preliminary Plat, Final Plat, driveway permit, Certificate of Occupancy, Transportation Master Plan amendment, or by agreement.

2. A TIA is intended to adequately assess the traffic-related impacts of a zoning or development proposal on the existing and planned thoroughfare system. The purpose of these regulations is to:

a. Provide the safest and most efficient transportation system in conjunction with the development review process;
b. Inform the Applicant of the City's requirements and expectations;
c. Provide standard guidelines for the preparation and review of a TIA; and
d. Establish equitable mitigation measures for the accommodation of identified impacts.

Definitions. See § UDC-3.05.10C for a list of associated terms.
See Table 36 for Traffic Impact Analysis Requirements.

Traffic Impact Analysis Standards.
It is the objective of the City to determine whether the existing and planned thoroughfare system can accommodate the impact of the proposed development. To achieve uniformity in the evaluation process, the following standards shall apply:

1. Design Level of Service. The minimum acceptable level of service (LOS) within the City shall be defined as LOS "D" in the peak hour for all critical movements and links. All development impacts on both thoroughfare and intersection operations must be measured against this standard.

2. Trip Generation Resources.

a. The City's standard for trip generation rates for various land use categories shall be those found in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE) or other published or recognized sources applicable to the region. Alternate trip generation rates may be accepted on a case-by-case basis if the Applicant can provide current supporting data substantiating that their development significantly differs from the ITE rates. The City Engineer in advance of the TIA submission must approve alternative trip generation rates in writing.

b. Trip reductions for passer-by trips and mixed use developments will be permitted, subject to analytical support provided by the Applicant and approval by the City Engineer, on a case-by-case basis. Assumptions relative to auto occupancy, transit mode share, or percentage of daily traffic to occur in the peak hour must be documented and will be considered subject to analytical support provided by the Applicant.

3. Study Horizon Years. The TIA must evaluate the impact of the proposed development on both existing traffic conditions and future traffic conditions for the horizon year(s) as specified in Table 37. Criteria for Determining Study Update Requirements on page 289. However, applications for densities of 0.75 Floor Area Ratio (FAR) or greater within the IH-35, Main Street east of Railroad Street, FM 967, Cabela's Drive, FM 1626, FM 2001, Old Goforth Road, and Glenview Lane corridors (throughout the City limits) shall require that the horizon year land use assumptions be updated to reflect full development based on all proposed zoning. These applications should also assume full development of the Transportation Master Plan or pending amendments.

Tree Preservation, Mitigation and Care
A. Purpose. The purpose of this section is to conserve, protect, and enhance existing healthy and safe trees and natural landscape.
B. Applicability and Exemptions.

1. The provisions of this section are applicable to the following:

a. All new residential and nonresidential development within the City limits or its ETJ including public property.
b. Redevelopment of any residential or nonresidential property within the City limits or its ETJ that results in an increase in the building footprint or the total destruction and reconstruction.
c. Any proposed removal of a Protected, Signature, or Heritage Tree (as defined in C. Tree Preservation) within the City limits or its ETJ including public property.

2. Trees located within the area of a proposed on-site sewage facility (OSSF) if authorized by the City Engineer are subject to the Tree Mitigation requirement but are exempt from the Tree Removal Permit requirement.

3. Trees located within a Right-of-Way or drainage easement dedicated to and maintained by the City are exempt from the Tree Preservation requirement.

4. Exempted Trees. See § UDC-4.04.01B.4 for details.

C. Tree Preservation.

1. Protected Tree. Trees between eight (8) and twenty (20) Caliper inches are designated as "Protected Trees". Any Protected Trees not exempt from preservation in subsection B.2 above may be removed upon approval of a Tree Removal Permit by the Director of Planning. Any decision of the Director of Planning regarding a Tree Removal Permit may be appealed to the Board of Adjustment.

2. Signature Tree. Trees between twenty (20) and thirty (30) Caliper inches are designated as "Signature Trees". Any Signature Trees not exempt from preservation in subsection B.2 above may be removed upon approval of a Tree Removal Permit by the Planning and Zoning Commission. Any decision of the Planning and Zoning Commission regarding a Tree Removal Permit may be appealed to the City Council.

3. Heritage Tree. Trees of thirty (30) Caliper inches or greater are designated as "Heritage Trees". Any Heritage Trees not exempt from preservation in B.2 above may only be removed upon approval of a Tree Removal Permit by the City Council following a public hearing. To issue a Tree Removal Permit, the City Council must find that no other alternatives for viable site development are possible and that the proposed removal is the minimum necessary relief required to allow for development on the property in a reasonable manner.

D. Tree Mitigation.
Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit or under the provisions of B.2 above shall be mitigated for on the same site as the proposed development, in addition to landscape requirements. In the event that mitigation is not feasible on the same site as the proposed development, an Applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee in lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City.

1. Protected Trees. Protected Trees shall be mitigated at a one-to-one (1:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of three (3) inches.

2. Signature Trees. Signature Trees shall be mitigated at a three-to-one (3:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of three (3) inches.

3. Heritage Trees. Heritage Trees shall be mitigated at a four-to-one (4:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of five (5) inches.

4. Fee In Lieu of Tree Mitigation.

a. The fee paid shall be in conformance with the City adopted Fee Schedule. Approval process for Fee in lieu request shall be consistent with Section C above.
b. If alternate fees proposed, the fee shall be equal to the cost of the replacement trees and shall include the installation or planting cost. The Applicant shall submit a written estimate from a nursery as verification of the cost.
c. The fee in lieu option is available for only the following cases:

i. If the proposed subdivision is heavily treed and the existing tree canopy would prohibit the growth of the replacement trees, or
ii. If the required replacement trees were to be installed, then the replacement trees would be planted under the canopy of an existing tree.

5. Limitations of Species and Placement. The Director of Planning is authorized to limit species and placement to protect aboveground and underground infrastructure.

E. Tree Preservation Credits. Protected Trees, Signature Trees, and Heritage Trees may be counted toward landscape requirements contained in 2.09.01: Landscaping.

1. Protected Trees may be counted as one (1) Shade Tree.
2. Signature Trees may be counted as three (3) Shade Trees.
3. Heritage Trees may be counted as five (5) Shade Trees.

Vibration
No operation or use shall at any time create earthborn vibrations which, when measured at the bounding property line of the source of the operation, exceed the limits of displacement set forth in the following table in the frequency ranges specified:

Table 24. Maximum Permissible Displacement Limits

Frequency (cps)	Displacement (inches)
0 -10	0.0010
10 - 20	0.0008
20 - 30	0.0005
30 - 40	0.0004
40 and over	0.0003

Wastewater Utility
A. General.

1. Approved Means of Wastewater Collection and Treatment Required. All lots, tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection and treatment.
2. Possible Phasing of Development Required.
a. The Director of Planning may require the phasing of development or improvements in order to maintain adequate wastewater capacity.
b. Subdivisions either in the ETJ or that have recently been annexed and are not served by the City shall meet the same requirements but be subject to approval by the Director of Planning.

B. Basic Requirements.

1. Wastewater Connection.

a. Any development occurring within five hundred (500) feet of an existing or proposed wastewater line shall extend and connect to the City's facilities.

2. Wastewater Disposal System Required.

a. All Subdivisions shall provide an approved wastewater disposal system conforming to the current criteria and all applicable City master plans and regulations and the requirements of Hays County, Texas Administrative Code (Title 30, Part 1, Chapter 285), On-Site Sewage Facilities and Texas Commission on Environmental Quality On-Site Sewage Facilities licensing requirements.

b. The City shall make the final determination of the adequacy of the proposed system.

c. Lots on the Edwards Aquifer Recharge Zone as depicted on the official map of the TCEQ that will not be connected to the City's wastewater system shall have an area of least one (1) acre. When it is difficult to determine from the maps of the TCEQ whether particular lots lie within the Recharge Zone, the City may make the determination, based upon a geological inspection of the site by a professional geologist competent to perform this task. The geologist shall be approved by the City Council prior to conducting the inspection and the inspections shall be conducted at no cost to the City. Any rules or regulations required by Hays County must be met in addition to this section.

3. Wastewater Lines Extended to Subdivision Borders.

a. All laterals and sewer mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collection system, regardless of whether such extensions are required for service within the subdivision.
b. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Council may approve a Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat.

Water Conservation Education
A. Publications.

1. Homebuilders in new subdivisions shall provide information to owners of all new dwellings regarding the design, installation, and maintenance of water efficient landscapes. This information may be obtained from the Barton Springs/Edwards Aquifer Conservation District (BSEACD). However, builders may obtain this information from other sources as long as the information is similar in context and breadth to that of the BSEACD. The information packet will be submitted to the City for approval with the plat Application, or in any case prior to final plat approval. Any charge for such publications shall be incurred by the homebuilder.

2. The City shall provide information about the use of water efficient landscapes and irrigation practices to water users throughout the community.

B. Model Homes. If there are one or more model homes in a new subdivision, at least one such model home shall be landscaped and shall demonstrate the principles of water efficient landscaping via signs and posted information. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrazones, irrigation equipment and other approaches which contribute to overall water efficiency.

Water Utility
A. General.

1. All Subdivisions shall provide an approved water distribution system connected to the existing City water system in conformance with all applicable City master plans and regulations.
2. In the absence of specific standards, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current criteria included in the Texas Administrative Code, Chapter 290.
3. The City shall make the final determination of the adequacy of the proposed system.
4. Possible Phasing of Development Required.

a. The Director of Planning may require the phasing of development or improvements in order to maintain adequate water capacity.
b. Subdivisions either in the ETJ or that have recently been annexed and are not served by the City shall meet the same requirements but be subject to approval by the Director of Planning.

B. Basic Requirements.

1. Water Connection.

a. Any development occurring within one thousand (1,000) feet of an existing or proposed water line shall extend and connect to the City's facilities (or other public utility as determined by CCN).
b. The City Engineer may authorize an exemption where a connection is not legally possible or topographically practicable.

2. Water Main Construction. All water mains shall be constructed within the street Right-of-Way or easements dedicated to the City.
3. Water Lines Extended to Subdivision Borders.

a. All water lines installed within a Subdivision must extend to the borders of the Subdivision as required for future extensions of the distribution system, regardless of whether such extensions are required for service within the Subdivision.
b. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Council may approve a Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat.

4. Fire Hydrants (Locations and Hose-Lay).

a. Fire hydrants shall be placed on block corners or near the center of the block to place all of every lot within a radius of five hundred (500) feet in residential areas, but under no circumstances shall a hose-lay for more than five hundred (500) feet be made from the fire hydrant to cover all of every lot within the Subdivision or tract under development.
b. Fire hydrants shall be located in commercial and industrial areas so that all of every lot shall be within a radius of three hundred (300) feet, but under no circumstances shall a hose-lay of more than three hundred (300) feet be made in order to adequately afford fire protection to the building or buildings.
c. A fire hydrant shall be placed at the entrance of all cul-de-sacs.
d. Hydrants must provide sufficient pressure for fire protection in accordance with the City's adopted fire codes.

Wind Energy Systems, Small

a. Accessory Use. A small wind energy system is allowed as an accessory use in all residential zoning districts.

b. General Standards.

i. Small wind energy systems are permitted only in the rear yard.
ii. The minimum distance between the ground and any part of a rotor blade must be at least twenty (20) feet.
iii. Small wind energy systems shall not be illuminated, nor may they bear any signs or advertising.

iv. Small wind energy systems must have automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the support structure, rotor blades, and turbine components.

v. All wiring serving small wind energy systems must be underground.
vi. Noise produced by small wind energy systems shall not exceed 55 dBA measured at the property line.

vii. Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including but not limited to police, fire, and ambulance) radio transmissions, or with any microwave communications link. The owner shall bear the cost to conduct a study to determine interference, and of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference.

viii. A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.

ix. The diameter of the area swept by the rotors may not exceed twelve (12) feet.

c. Freestanding Systems - Additional Standards. Small wind energy systems may be mounted on a tower detached from other structures on the lot.

i. Setback. The minimum setback from any property line, overhead utility line, or public Right-of-Way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, and governmental entity grants written permission for a lesser setback. In addition to the system’s structures, guy wires associated with towers shall meet applicable setbacks for the zoning district.

ii. Height. Freestanding systems measured from the top blade shall not exceed forty-five (45) feet in height.
iii. Security. Support structures for freestanding systems must be unclimbable from the ground to a height of at least fifteen (15) feet.

iv. Number. A maximum of one (1) freestanding small wind generator system shall be allowed on a building site.

d. Roof-Mounted Systems - Additional Standards. Small wind energy systems may be mounted on the roof of a structure as an appurtenance.

i. Height. Roof-mounted systems measured from the top blade shall not be more than five (5) feet over the maximum allowed height for the structure.

ii. Number. A maximum of one (1) roof-mounted small wind generator system shall be allowed on a building site.

iii. Engineering Report. Before any roof-mounted system is mounted the property owner must submit a report prepared by a licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the City prior to the mounting of the system.

See § UDC-2.09.13A.2.b for an example of rooftop mount.

This website is for informational use only. To confirm information, please contact City Staff at [email protected]. Got it!

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