For the purpose of this zoning ordinance, certain terms and words are herewith defined and shall have the meaning here applied; any term not expressly defined in this section shall be construed according to the normally accepted meaning of such words or terms or defined by a common planning definition from the American Planning Association’s, A Planners Dictionary. The city manager or his/her designee, shall determine the appropriateness of a definition.
Abandonment.
To cease or discontinue a use or activity, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
Abutting.
Adjacent, adjoining and contiguous to. It may also mean having a lot line in common with a right-of-way or easement, or with a physical improvement such as a street, waterline, park, or open space.
Access.
A means of approaching or entering a property, or the ability to traverse a property (such as in the use of the phrase “pedestrian access easement”).
Accessory Building.
(1) 
In a residential district, a subordinate building used for a purpose customarily incidental to the main structure, such as a detached private garage for automobile storage, tool house, greenhouse as a hobby, home workshop, storage house or garden shelter, but not involving the conduct of a business.
(2) 
In a nonresidential district, a subordinate building incidental to the main structure(s). This includes structures that are capable of being carried and transported to another location, not including manufactured housing.
Accessory Dwelling Unit.
A residential dwelling unit located on the same lot as a single-family dwelling unit, which is in a detached unit or detached building.
Accessory Mobile Food Vending.
A Mobile Food Vendor operating as an accessory use to a primary use established and operating with a valid certificate of occupancy on the property.
Accessory Use.
A use that is clearly and customarily incidental and secondary to the permitted and/or principal use of land or building(s), and that is located upon the same lot, and that does not change the character thereof. The land/building area that is used for the accessory use is significantly less than that used for the primary use.
Adult Day-Care Services.
A facility that provides services under an adult day-care program on a daily or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult day services centers (also referred to as adult day-care centers) must be licensed by the Texas Department of Human Services.
Agricultural Use.
Land where [used for] the production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man, including, forages and sod crops; grains and seed crops, bee keeping, dairy animals, poultry and livestock, including but not limited to ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses, and ponies. This use includes commercial stables and equestrian centers.
All-Weather Surfaced Driveway.
An asphalt or concrete driveway or other approved dust-free material approved by the city manager.
Alley.
A public right-of-way, not intended to provide the primary means of access to abutting lots, that is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
Alternative Financial Services.
An establishment engaged in non-traditional short-term lending, such as a check cashing business, bail bonds office, payday advance or loan business, money transfer business, car title loan business, or any other similar businesses.
Amortization.
Discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be scheduled within a definite period of time to conform to the regulations of this zoning ordinance.
Amusement, Commercial (Indoors).
An amusement enterprise wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a video game arcade, bowling alley or billiard parlor.
Amusement, Commercial (Outdoors).
An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, archery range and miniature golf course.
Apartment.
A room or suite of rooms in a multi-family residence arranged, designed, or occupied as a place of residence by a single family, individual, or group of individuals.
Applicant.
The person or entity responsible for the submission of an application. The applicant must be the actual owner of the property for which an application is submitted or shall be a duly authorized representative of the property owner. Also see Developer.
Application.
The package of materials, which can include but is not limited to an application form, plat, completed checklist, tax certificate, construction plans, special drawings or studies, and other informational materials, that is required by the city to initiate city review and approval of a development project.
Application Form.
The written form (as provided by and as may be amended by the city manager) that is filled out and executed by the applicant and submitted to the city along with other required materials as a part of an application.
Art Gallery or Museum.
An institution for the collection, display, [or] distribution of objects of art, and is open to the general public.
Artisan’s Workshop.
An establishment used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather-craft, hand-woven articles, and related items. This also includes a photographer’s or artist’s studio/film processing.
Assisted Living/Nursing Home.
A facility operated by a business or nonprofit organization where ill or elderly people are provided with lodging and meals, with or without nursing care. This also includes memory care facilities.
Automobile or Other Motorized Vehicle Sales and Service.
A business providing sales display and service of new and used motorized vehicles, including motorcycles, RVs, and boats.
Automobile Service Garage (Major).
A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting, where all work is conducted inside the building.
Automobile Service Garage (Minor).
A facility for routine automobile services or minor repairs, such as tire services, quick-lubes, [and] batteries, with all work being conducted inside the building and within the same day.
Bakery, Commercial.
A business for preparing, cooking, baking, and selling of food products intended for wholesale or off-premises consumption and distribution.
Bakery, Retail.
A business for preparing, cooking, baking, and selling of food products primarily intended for on-premises sales and/or consumption.
Bank or Financial Institution.
A land use, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds.
Bar.
A commercial business whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Bars include taverns, night clubs, private clubs, bottle clubs, and similar facilities serving alcoholic beverages.
Base Flood.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year, determined based upon FEMA (Federal Emergency Management Agency) guidelines and as shown in the current effective flood insurance study.
Bed and Breakfast Inn.
An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A bed and breakfast inn may provide for guest stays up to 14 consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be permitted in guest bedrooms. A bed and breakfast inn shall not include restaurants, banquet facilities, or similar services.
Block.
A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, highway, stream, or corporate boundary lines.
Block Face.
The portion of a block that abuts a street.
Block Length.
The length of the block face between two intersections.
Boarding or Rooming House.
A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, lodging with or without meals are provided for three (3) or more persons, but not to exceed eight (8) persons.
Bowling Alley.
An establishment that devotes more than 50 percent of its gross floor area to bowling lanes, equipment, and playing area. A bowling alley is wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.
Brewery/Distillery/Winery. Craft.
A commercial business that manufactures malt beverages, liquor, or wine and holds the applicable permit from the Texas Alcoholic Beverage Commission (TABC) for which annual production does not exceed 30,000 barrels. This use may include associated secondary uses such as facility tours, a tap room or tasting room, food service, and/or retail sales (as allowed by TABC).
Brewery/Distillery/Winery. Industrial.
A commercial business that manufactures malt beverages, liquor, or wine on a large scale basis with the primary intention of creating products for wholesale and holds appropriate permits and licenses from the Texas Alcoholic Beverage Commission (TABC). This use may include associated secondary uses such as facility tours, a tap room or tasting room, food service, and/or retail sales (as allowed by TABC). This use is distinguished from "brewery/distillery/winery, craft" based on the scale and volume of product created annually.
Brewpub.
A commercial business which is a full service restaurant that also conducts the retail sale of beer that is brewed on the premises in compliance with state and federal laws and which holds a brewpub license from the Texas Alcoholic Beverage Commission (TABC) and for which annual production does not exceed 10,000 barrels. This use is distinguished from "brewery/distillery/winery, craft" due to the full-service restaurant and volume of product created.
Building.
Any structure utilized or intended for supporting or sheltering any occupancy.
Building Height.
The vertical distance between the average natural grade of the ground under the footprint of a building and the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for a gable, hip or gambrel roof. If four feet or less in height, a chimney, cupola or dormer, flagpole, steeple or other decorative element may be excluded from the building height calculation. Residential television antennas shall be exempt from building height calculations.
Building Official.
The building official of the city or his or her designee.
Building Permit.
A permit issued by the city before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the city code.
Building Setback Line.
A building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a building cannot lawfully extend.
Car Wash, Full-Service.
A facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration.
Car Wash, Self-Service.
A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles.
Caterer or Wedding Service.
A service providing meals or refreshments for public or private entertainment for a fee.
Certificate of Occupancy.
An official certificate issued by the city that indicates conformance with the city’s rules and regulations and that authorizes legal use of the premises.
Child-Care: Foster Family Home (Independent).
Per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a single independent home that is the primary residence of the foster parents and licensed to provide care for six or fewer children up to the age of 18 years.
Child-Care: Foster Group Home (Independent).
Per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a single independent home that is the primary residence of the foster parents and licensed to provide care for seven to 12 children up to the age of 18 years.
Child-Care: Licensed Child-Care Center.
Per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, an operation providing care for seven or more children younger than 14 years old for less than 24 hours per day at a location other than the permit holder’s home.
Child-Care: Licensed Child-Care Home.
Per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, the primary caregiver provides care in the caregiver’s own residence for children from birth through 13 years. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.
Child-Care: Listed Family Home.
Per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a caregiver at least 18 years old who provides care in her own home for compensation, for three or fewer children unrelated to the caregiver, ages birth through 13 years. Regular care is provided, which is care provided for at least four hours a day, three or more days a week, and more than nine consecutive weeks. The total number of children in care, including children related to the caregiver, may not exceed 12.
Child-Care: Registered Child-Care Home.
Per the definition of the department of family and protective services (DFPS) or as amended by the DFPS, a caregiver who provides regular care in her own home for not more than six children from birth through 13 years. Child day-care can be provided for six additional school-aged children before and after the customary school day. The total number of children in care at any given time, including the children related to the caregiver, must not exceed 12.
Church or Other Place of Worship, including Parsonage/Rectory.
A place of worship and religious training of recognized religions, including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel in a detached residential facility on the same premises, that is exempt from ad valorem taxes as permitted by state law.
City.
The City of Gonzales, Texas, together with all its governing and operating bodies.
City Attorney.
The person(s) so designated by the city council to provide oversight for and have legal responsibility for the city. This term shall also include any designee of the city attorney.
City Council.
The duly elected governing body of the City of Gonzales, Texas.
City Engineer.
The licensed professional engineer or firm of licensed professional consulting engineers that has been specifically designated as such by the city manager. This term shall also include any designee of the city engineer.
City Manager.
The officially appointed and authorized city manager of the City of Gonzales, Texas, and may include the city manager’s duly authorized representative or designee, per the city manager’s discretion.
City Secretary.
The person(s) so designated by the city manager to provide clerical and official services for the city council. This term shall also include any designee of the city secretary.
College or University.
An academic institution of higher learning, accredited or recognized by the state, and offering a program of [or] series of programs of academic study.
Commission.
The planning and zoning commission of the City of Gonzales, Texas.
Community Center.
A building dedicated to social or recreational activities, serving the city or neighborhood and owned and operated by the city, or by a nonprofit organization dedicated to promoting the health, safety, and general welfare of the city.
Community Group Home.
A community-based residential home with not more than six (6) persons with disabilities and two (2) supervisors residing in the home, and that otherwise meets the requirements of the Community Homes for Disabled Persons Location Act (chapter 123 of the Human Resources Code).
Comprehensive Plan.
The official policy regarding the guidance and coordination of the development of land in the city, as adopted by the city council and including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof.
Concrete/Asphalt Batching Plant, Permanent.
A permanent manufacturing facility for the production of concrete or asphalt.
Council.
See City Council.
Country Club.
An area containing a golf course and clubhouse that may include as adjunct facilities a dining room, private club, swimming pool, cabanas, tennis courts and similar service and recreational facilities for the members.
County.
Gonzales County.
Court.
An open unoccupied space other than a yard, on the same lot with a building that is bounded on three (3) or more sides by the building.
Cul-de-Sac.
A short, residential street having but one vehicular access point to another street and terminated on the opposite end by a vehicular turnaround.
Dance Hall or Night Club.
An establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the city.
Date of Adoption.
The date of adoption of this zoning ordinance shall be the date this ordinance becomes effective.
Dead-End Street.
A street, other than a cul-de-sac, with only one outlet. This does not include streets which have been stubbed out for future continuation.
Decision-Maker.
The city official or group, such as the city manager, city council, or planning and zoning commission, responsible for deciding action on an application authorized by this zoning ordinance.
Developer.
A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, development, or improvement of land and other activities covered by this zoning ordinance.
Development.
Any man-made change to improved or unimproved real estate, including but not limited to buildings and/or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, utility or storage activities.
Development Agreement.
Agreement between the city and a subdivider, that includes provisions for construction of public improvements, city participation, pro rata agreements, escrow deposits, and other provisions for the development of land.
Development Application.
An application, developed and updated by the city manager, for any type of plan, permit, plat or infrastructure construction plans/drawings authorized or addressed by this zoning ordinance.
Development Application Handbook.
A collection of application forms created, updated, and managed by the city manager.
Donation or Recycling Collection Point.
An incidental use that serves as a neighborhood drop-off point for and temporary storage of donations and/or recoverable resources. No processing of such items occurs on-site and the site functions solely as an area of collecting materials. This facility is generally located in a shopping center parking lot or in public/quasi-public areas such as in churches and schools.
Dwelling, Downtown.
Any building, or portion thereof, located within the downtown mixed use district that is designed, built, rented, leased or let to be occupied as one or more dwelling units.
Dwelling, Multi-Family.
Any building, or portion thereof, that is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or that is occupied as a home or place of residence by three or more families living in independent and separate housekeeping units.
Dwelling, Single-Family (Attached–Duplex).
A building designed for or occupied exclusively, but separately, by two (2) families.
Dwelling, Single-Family (Attached–Townhouse).
A dwelling that is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and that is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines.
Dwelling, Single-Family (Detached).
A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one family.
Dwelling Unit.
One or more rooms designed or intended for use by an individual or single family in which culinary and sanitary conveniences are provided for the exclusive use of such individual or family.
Easement.
An acquired privilege or right-of-way use which one (1) person, business, entity and/or public agency has across, over or under land of another person, business, entity and/or public agency. Among other things, easements may be used to install and maintain utility lines, drainage ditches or channels, or for other city or public services.
Electrical Power Substations.
A part of the electrical distribution system with the primary function to transform electrical voltage, includes transformer stations and switching stations.
Engineer.
A person duly authorized under the provisions of the Texas Engineering Practice Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare infrastructure construction plans and specifications for public works improvements.
Family.
One or more persons immediately related by blood, marriage or adoption living together as a single housekeeping unit or one or more persons living and cooking together as a single nonprofit housekeeping unit having a continuing non-transient domestic character though not related by blood, adoption, or marriage. This is distinguished from a group occupying a boarding house, hotel/motel, hostel or other similar for-profit use.
Farmer’s Market.
An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include secondhand goods) dispensed from booths located on-site.
Fix-It Shop or Repair Shop.
Business providing basic repair services for consumer grade merchandise, which includes but is not limited to home appliances, small engine repair, furniture repair and upholstering. This use does not include motor vehicle upholstering or repair.
Floodplain.
The area subject to be inundated by water from any source.
Floodway.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Floor Area.
The sum of the square footage of all of the floors of a structure or building.
Floor Area Ratio (FAR).
The total floor area of all building or structures on a lot divided by the area of said lot.
Front Facade.
A facade directly visible from any public street or main circulation drive and the facade used as the primary entrance to the building.
Frontage.
All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street line.
Fueling Pumps.
Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. May include a car wash facility.
Garage, Private (Attached).
A garage that has one or more walls common with the principal building on a lot or that is attached to the principal building by an enclosed porch, or passageway, the roof of which is part of an extension of the roof of the principal building and for the purpose of the height and area regulations of this zoning ordinance such a garage is to be considered a part of the principal building.
Garage, Private (Detached).
A garage existing separate and apart from the main building, but situated on the same lot, tract or parcel of land with the main building.
Gas or Oil Well Operation.
Places primarily devoted to subsurface mining of gas or oil. Typical uses are gas and oil drilling operations. Regulations for gas or oil well operations can be found in the city’s regulatory code.
Golf Course.
A private or public tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as accessory uses.
Heliport or Helistop.
An area designed to be used for the landing or take-off of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
Home-Based Business.
Any occupation or profession carried on by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the structure for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on. No mechanical equipment shall be used nor activities conducted which creates any noise, dust, odor, or electrical disturbances beyond the confines of the lot on which the occupation is conducted. No home occupation shall employ more than one assistant in such a business. The operation of a restaurant, convalescent facility, or cabinet, carpentry, metal, or auto repair shop is not a home occupation.
Homeowners’ or Property Owners’ Association.
A formal nonprofit organization operating under recorded land agreements through which:
(1) 
Each lot and/or property owner in a specific area is automatically a member; and
(2) 
Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization’s activities, such as the maintenance of common property; and
(3) 
The charge if unpaid, becomes a lien against the nonpaying member’s property.
Hospital.
An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and that is licensed by the State of Texas. This also includes providing treatment on a prolonged or permanent basis.
Hotel/Motel.
An establishment offering lodging to the transient public for compensation and many contain a restaurant, club, lounge, banquet hall and/or meeting rooms. A hotel/motel is a nonresidential use.
Improvement.
Any man-made fixed item that becomes part of or placed upon real property.
Industrialized Building.
The industrialized building definition within the Texas Occupations Code chapter 1202, Industrialized Housing and Buildings, shall govern if different from the following:
(1) 
A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system.
(2) 
The term includes the plumbing, heating, air conditioning, and electrical systems.
Industrialized (Modular) Housing.
As governed by the Texas Occupations Code chapter 1202, Industrialized Housing and Buildings, a residential structure that is designed for the occupancy of one or more families, constructed in one or more modules built at a location other than the permanent site; and designed to be used as a permanent residential structure when the module is transported to the permanent site and erected or installed on a permanent foundation system. This definition includes the structure’s plumbing, heating, air conditioning, and electrical systems. Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site-constructed (“stick-built”) homes. See section 14.404(a)(2) for additional industrialized housing requirements.
Infrastructure.
All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the city.
Infrastructure Construction Plans.
A set of drawings and/or specifications, including paving, water, wastewater, drainage, or other required plans, submitted to the city for review in conjunction with a subdivision or a development.
Junk.
The term “junk” is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc, all other scrap metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles, used boats or airplanes, tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, and subject to being dismantled for junk.
Kennel/Veterinary Office (Indoor).
An establishment with no outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.
Kennel/Veterinary Office (Outdoor).
An establishment with outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes.
Laundry, Commercial.
An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.
Light Assembly and Manufacturing Processes.
(1) 
The fabrication, assembly, manufacturing, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing.
(2) 
Light fabrication, assembly, manufacturing, and packaging processes do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and do not generate noise or vibration at the property boundary that is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas.
Lot.
A physically undivided tract or parcel of land having frontage on a public street or other approved access and which is, or in the future may be, offered for sale, conveyance, transfer or improvements; which is designated as a distinct and separate tract; and/or, which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly recorded.
Lot, Corner.
A lot situated at the junction of two or more streets.
Lot Depth.
The distance of a line connecting the midpoints of the front and rear lot lines, which line generally is at right angle to the front lot or radial to a curved lot line.
Lot, Double Frontage.
A lot having frontage on two non-intersecting streets as distinguished from a corner lot.
Lot, Interior.
A building lot other than a corner lot.
Lot Lines.
The lines bounding a lot as defined herein.
Lot of Record.
A lot which is part of a subdivision, the plat having been duly approved by the appropriate authority and recorded in the office of the county clerk.
Lot Width.
The distance of a line (drawn perpendicular to the lot depth line) connecting the side lot lines at the front property line or at the building setback line.
Manufactured Home (HUD-Code).
See Manufactured Home - HUD-Code under the definition of manufactured housing.
Manufactured Home Park.
A unified development of manufactured home (HUD-code) sites or lots that have been divided for the purpose of individual ownership or for rental or lease, and that is governed by the provisions of the subdivision ordinance.
Manufactured Home Sales.
The offering for sale, storage, or display of manufactured housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.
Manufactured Housing.
One of two types of prefabricated housing products that are typically manufactured or assembled at a location other than the end user’s permanent site, and that are regulated by the Texas Manufactured Housing Standards Act. For the purpose of this zoning ordinance, there are two types of manufactured homes:
(1) 
Mobile Home.
(A) 
As governed by the definition within the Texas Manufactured Housing Standards Act, a movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, that is constructed with a base section so as to be independently self-supporting, and that does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.
(2) 
Manufactured Home - HUD-Code.
(A) 
As governed by the definition within the Texas Manufactured Housing Standards Act, a movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, that can be used as a residential dwelling either with or without a permanent foundation. A HUD-code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976. A HUD-code manufactured home will display a certification label on the exterior of each transportable section.
Manufacturing or Industrial Operations.
An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted/raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line.
Mobile Food Unit (MFU).
(As defined by 25 TAC 228.2, as may be amended.) A vehicle-mounted, self or otherwise propelled, self-contained food service operation designed to be readily movable (including catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. An MFU must completely retain its mobility at all times. An MFU does not include a stand or a booth.
Mobile Food Vending Court.
Any parcel of land where one or more mobile food vendors congregate to offer food or beverages for sale to the public. This is considered a primary land use for the property.
Mobile Food Vendor (MFV).
Any business which sells edible goods from a Mobile Food Unit (MFU) within the city.
Municipal or Government Use.
Any area, land, building, structure, and/or facility owned, used, leased, or operated by the city including, but not limited to, administrative office, maintenance facility, fire station, library, sewage treatment plan, police station, water tower, service center, and park.
Nonconforming Use, Structure, or Lot.
The use of land or a building, or a portion thereof, which use does not conform with the regulations of the zoning district in which it is situated and which was in existence prior to the effective date of this ordinance and/or prior to being annexed into the city.
Nonconformities.
The term “nonconformities” is a general term used to refer to nonconforming uses, nonconforming structures and nonconforming lots.
Nonresidential Use.
Any use other than a residential use.
Nonresidential Zoning Districts.
The term “nonresidential zoning districts” means a zoning district as listed a nonresidential zoning district within Table 3.1: Zoning Districts.
Office and Professional Services.
A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government. This includes dance, music, or drama studios, banks or financial institutions, and alternative financial services.
Office-Warehouse or Distribution Center.
A building primarily devoted to the storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display area for products sold and distributed from the storage and warehousing areas. Detectable nuisances such as dust, noise, and odors are not permitted under this use.
Outside Display.
The temporary outside display of finished goods. Finished goods are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage (i.e., outside storage) of such finished goods. Examples of outside display include the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing.
Outside Storage.
The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than twenty-four (24) hours.
Park, Playground, or Community Center, Public.
An open recreational facility or park owned and operated by a public agency such as the city or the school district, and available to the general public.
Parking Space.
Open space or garage space reserved exclusively for the parking of a vehicle.
Parkway.
Within the right-of-way, the area between the property line and the nearest curb or edge of the roadway (if no curb exists.) See Figure 1: Example of a Parkway for visual depiction of a parkway.
Figure 1: Example of a Parkway
-Image-11.tif
Person.
Person means an individual, firm, association, organization, partnership, trust, foundation, company or corporation.
Personal Service Establishment.
An establishment which offers specialized goods and services for individual necessities; this includes but is not limited to barber shops, beauty salons and spas, coin-operated laundromats, funeral homes, gym or fitness centers, massage services by masseurs/masseuses, personal laundry and dry cleaning establishments, seamstress or tailor shops, shoe repair, tattoo studios, and weight loss centers.
Planned Development District Master Plan.
The planned development district master plan (which is submitted with the application for rezoning) consists of a PDD design statement and a PDD concept design map.
Planning and Zoning Commission.
The planning and zoning commission of the City of Gonzales, Texas.
Play Field or Stadium, Public.
An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, football field or stadium.
Principal Use.
The primary or predominant use of any lot or building.
Private Utility (other than listed).
A non-public utility requiring special facilities in residential areas or on public property such as electricity, natural gas, or telecommunications not customarily provided by the municipality or public utilities. All radiating equipment must comply with current Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable state and federal regulatory agency requirements and guidelines for human safety.
Protected Residential Property.
Any property within the city that meets one of the following requirements:
(1) 
The property is zoned a residential district as defined within the zoning ordinance or zoned a planned development for residential uses;
(2) 
The property is designated in the comprehensive plan as any type of residential; or
(3) 
The property is used or subdivided for use as residential.
Public Building.
(1) 
Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, or county, without reference to the ownership of the building or of the realty upon which it is situated.
(2) 
A building belonging to or used by the public for the transaction of public or quasi-public business.
Public Improvement.
Any improvement, facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the city ultimately assumes the responsibility, upon a letter of final acceptance being issued, for maintenance, operation and/or ownership.
Regularly.
Regularly means featuring, promoting, performing, permitting, doing or advertising an event or other happening or occurrence on a recurring or routine basis involving any length of time.
Rehabilitation Care Facility.
An institution offering resident treatment to alcoholic, psychiatric or narcotic patients.
Residential Use.
Residential use means use of a structure as a residence.
Residential Zoning Districts.
Residential district means a single-family, patio home, duplex, townhouse, multi-family or manufactured home zoning district as defined in the zoning ordinance; see Table 3.1: Zoning Districts for a list of districts.
Responsible Official.
The city staff person who has been designated by the city manager to accept a type of development application for filing, to review and make recommendations concerning such applications, and where authorized, to initially decide such applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions of development applications. Also includes any designee of the designated city staff person.
Restaurant or Cafeteria, with or without Curb or Drive-In Service.
(1) 
An establishment engaged primarily in the business of preparing food and purveying it on a self-serve or semi-self-serve basis.
(2) 
Customer orders and/or service may be by means of a walk-up counter or window designed to accommodate automobile traffic.
(3) 
Consumption may be either on or off the premises.
Restaurant or Cafeteria, without Curb or Drive-In Service (service to be entirely within the building).
An establishment serving food generally in or on non-disposable dishes to be consumed primarily while seated at tables or booths within a building.
Retail Stores and Shops.
An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition includes pawnshops.
Right-of-Way.
(1) 
A parcel of land occupied or intended to be occupied by a street or alley.
(2) 
A right-of-way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use.
(3) 
The use of right-of-way shall also include parkways and medians outside of pavement.
RV Park.
A parcel of land designed, improved, or intended to be used for short- or long-term occupancy by recreational vehicles (including travel trailers) in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
School, Career.
Career schools including programs such as dental assisting, pharmacy technician, nurse aide, veterinary assistant, etc.
School, Public or Private.
Includes public and private school facilities providing K-12 education (kindergarten, elementary, middle school, high schools).
Seasonal Temporary Use.
A seasonal use that is only temporarily occupying a site, for a maximum of 90 days, such as seasonal sales, holiday tree plot or fall pumpkin patch.
Setback Line.
A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot.
Sexually Oriented Business.
A business described as such in, and regulated by article 4.600 of the Code of Ordinances, as amended from time to time.
Small Wind Energy Systems.
A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which will be used to reduce on-site consumption of utility power.
Special Events Center.
A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event function, that is not open to the general public, whether or not a fee is charged. This includes wedding reception facilities.
Special Zoning Districts.
The term “special zoning districts” means a zoning district as listed a special zoning district within Table 3.1: Zoning Districts.
Specific Use Permit.
An approval for a specific use that has been determined to be more intense or to have a potentially greater impact than a use permitted by right within the same zoning district.
Storage Units, Mini.
(1) 
A building(s) containing separate, individual self-storage units for rent or lease.
(2) 
The conduct of sales, business, or any activity other than storage does not occur within any individual storage unit.
Story.
(1) 
That part of a building included between the surface of one floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof.
(2) 
A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story.
(3) 
The first story is the highest story having its interior floor surface not more than four feet (4') above the curb level, or the average elevation of the finished grade along the front of the building where it set back from the street.
Street.
A public thoroughfare, including road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare that affords the principal means of access to abutting property.
Street Width.
The shortest distance between the property or easement lines that delineate the right-of-way of a street.
Structure.
Anything constructed or erected that requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels, but exclusive of customary fences or boundary of retaining walls, sidewalks and curbs.
Studio Residence.
(1) 
A residence that includes up to fifty (50) percent of its total floor area as a work area for a photographer, artist, musician, architect, or similar occupation.
(2) 
The primary occupant of the work area must also be a permanent resident of the dwelling unit.
(3) 
All activities associated with the studio shall take place in the primary structure, as opposed to an accessory building or yard.
Subdivision.
(1) 
The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership, and shall include resubdivision.
(2) 
Any other subdivision or resubdivision of land contemplated by the provisions of chapter 212, Local Government Code.
Subdivision Ordinance.
The adopted subdivision ordinance of the city.
Subdivision Plat.
A plat (e.g., vesting plat, minor plat, replat, or amending plat) established in LGC 212, subchapter A involving the subdividing of land in two (2) or more parts or the amending of a recorded plat.
Subdivision Regulations.
Any regulations and standards contained within the subdivision ordinance.
SUP.
See Specific Use Permit definition.
Surveyor.
A licensed state land surveyor or a registered public surveyor, as authorized by the state to practice the profession of surveying.
Temporary Building for New Construction.
(1) 
A structure or shelter used in connection with the construction of a development or building project for housing on the site of temporary administration and supervisory functions and for sheltering employees and equipment.
(2) 
Buildings are permitted for a specific period of time in accordance with a permit issued by the city manager.
(3) 
The term “temporary field or construction office” may also be used.
Theater (indoor).
A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.
Tower/Antenna: TV, Radio, Microwave, Telephone, or Cellular.
Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television.
Transportation Plan.
The plan that guides the development of adequate circulation within the city, and connects the city street system to regional traffic carriers. Also referred to as the thoroughfare plan or master thoroughfare plan.
Usable Open Space.
An area or recreational facility that is designed and intended to be used for outdoor living and/or recreation. Usable open space may include recreational facilities, water features, required perimeter landscape areas, floodplain areas, and decorative objects such as artwork or fountains. Usable open space shall not include the following:
(1) 
Walks;
(2) 
Rooftops;
(3) 
Buildings, except those portions or any building designed specifically for recreation purposes;
(4) 
Parking areas;
(5) 
Landscaped parking requirements;
(6) 
Driveways;
(7) 
Turnarounds; or
(8) 
Right-of-ways or easements for streets and alleys.
Utility Distribution/Transmission Line.
Facilities, including subsidiary stations that serve to distribute, transmit, transform, or reduce the pressure of gas, water, or electric current, including, but not limited to, electrical transmission lines, gas transmission lines, and metering stations.
Utility Easement.
See Easement.
Vested Right.
A right of an applicant requiring the city to review and decide the application under standards in effect prior to the effective date of the standards of this zoning ordinance and/or of any subsequent amendments.
Vested Rights Petition.
A request for relief from any standard or requirement of the zoning ordinance based on an assertion that the applicant (petitioner for relief) has acquired a vested right.
Vesting Plat.
(1) 
The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in plan view existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of the proposed development.
(2) 
The vesting plat shall serve as a means for the city to review and study the proposed division of land and/or improvements.
Warehouse.
Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.
Woodworking and Carpentry Shop.
Establishments with dust and noise control and primarily engaged in one or more of the following:
(1) 
Manufacturing dimension lumber from purchased lumber;
(2) 
Manufacturing dimension stock (i.e., shapes) or cut stock;
(3) 
Re-sawing the output of sawmills;
(4) 
Planing purchased lumber; and
(5) 
Woodworking and the assembly of wood products.
These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood.
Wrecking or Auto Salvage Yard.
A yard or building where automobiles or machinery are stored, dismantled and/or offered for sale as whole units, as salvaged parts or as processed metal.
Yard, Front.
A yard across the full width of a lot extending from the front line of the main building to the front property line of the lot.
Yard, Rear.
A yard extending across the full width of the lot and measured between the rear property line of the lot and rear line of the main building, except that area included in the side yard.
Yard, Side.
A yard between the building and the side property line of the lot and extending from the front yard to the required minimum rear yard.
Zoning Board of Adjustment.
The city’s zoning board of adjustment.
Zoning District Map.
The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance, which may also be cited as the zoning map.
Zoning Ordinance.
The adopted zoning ordinance of the city, as may be amended in the future, and may be referred as “this ordinance.”
Zoning Variance.
An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. The zoning board of adjustment is responsible for granting a zoning variance.
(Ordinance 2021-08 adopted 2/11/21; Ordinance 2023-18 adopted 12/14/2023; Ordinance 2024-4 adopted 2/8/2024; Ordinance 2024-8 adopted 3/14/2024)
In addition to the definitions in section 14.201, the following specific terms and words are defined and shall be applied to the airport zoning district (see section 14.609).
Airport.
The Gonzales Municipal Airport.
Airport Board of Adjustment.
The airport board of adjustment for the City of Gonzales.
Airport Elevation.
The established elevation of the highest point on the usable landing area measured in feet from mean sea level.
Airport Hazard.
Any structure or tree on land that obstructs the airspace required for the flights of aircraft or that obstructs or interferes with the control or tracking and/or data acquisition in the landing, taking off or flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft; hazardous, interfering with or obstructing such landing, taking off or flight of aircraft or that is hazardous or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.
Airport Hazard Area.
Any area of land or water upon which an airport hazard might be established if not prevented as provided in section 14.609, Airport Zoning Regulations.
Airport Reference Point.
The point established as the approximate geographic center of the airport landing area and so designated.
Approach Surface.
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 14.609(e), Height Limitations. In the plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach, Transitional, Horizontal, and Conical Zones.
The zones set forth in section 14.609(d), Zones.
Conical Surface.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
Gonzales County Joint Airport Zoning Board.
A board consisting of five members, two members appointed by the city council, and two members appointed by the commissioners’ court of Gonzales County, Texas. The four members so appointed shall elect a fifth member, who shall serve as chairperson.
Hazard to Air Navigation.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
Height.
For the purpose of determining the height limits in all zones set forth in section 14.609, Airport Zoning Regulations, the datum shall be mean sea level elevation unless otherwise specified.
Horizontal Surface.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
Landing Area.
The surface area of the airport used for the landing, take-off or taxiing of aircraft.
Nonconforming Use.
Any preexisting structure, object of natural growth, or use of land that is inconsistent with the provisions of section 14.609 or an amendment thereto.
Obstruction.
Any structure, growth or other object, including a mobile object that exceeds a limiting height set forth in section 14.609(e), Height Limitations.
Person.
An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.
Primary Surface.
(1) 
A surface longitudinally centered on a runway.
(2) 
When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of the that [sic] runway.
(3) 
The width of the primary surface of a runway will be that width prescribed in part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway.
(4) 
The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
(5) 
The width of a primary surface is 250 feet for utility runways having only visual approaches.
Runway.
A defined area on an airport prepared for landing and take-off of aircraft along its length.
Structure.
An object, including a mobile object, constructed or installed by man, including, but not limited to: buildings, towers, cranes, smokestacks, earth formations, and overhead transmission.
Transitional Surfaces.
These surfaces extend outward at 90° angles to the runway centerline and the runway centerline extended at a slope of seven feet (7') horizontally for each foot vertically from the sides of the primary surface and approach surface to where they intersect the horizontal surfaces.
Tree.
Any object of natural growth.
Utility Runway.
A runway that is constructed for and intended to be used by propeller-driven aircraft 12,500 pounds maximum gross weight and less.
Visual Runway.
A runway intended solely for the operation of aircraft using visual approach procedures.
(Ordinance 2021-08 adopted 2/11/21)