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.
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.
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.
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”).
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.
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.
A residential dwelling unit located on the same lot as a
single-family dwelling unit, which is in a detached unit or detached
building.
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.
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.
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.
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.
An asphalt or concrete driveway or other approved dust-free
material approved by the city manager.
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.
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.
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.
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.
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.
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.
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.
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.
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.
An institution for the collection, display, [or] distribution
of objects of art, and is open to the general public.
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.
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.
A business providing sales display and service of new and
used motorized vehicles, including motorcycles, RVs, and boats.
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.
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.
A business for preparing, cooking, baking, and selling of
food products intended for wholesale or off-premises consumption and
distribution.
A business for preparing, cooking, baking, and selling of
food products primarily intended for on-premises sales and/or consumption.
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.
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.
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.
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.
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.
The portion of a block that abuts a street.
The length of the block face between two intersections.
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.
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.
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).
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.
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.
Any structure utilized or intended for supporting or sheltering
any occupancy.
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.
The building official of the city or his or her designee.
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.
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.
A facility where a customer can have a motorcycle, automobile
and light load vehicle washed in exchange for financial consideration.
A facility, typically coin operated, used by the customer
to wash motorcycles, automobiles and light load vehicles.
A service providing meals or refreshments for public or private
entertainment for a fee.
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.
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.
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.
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.
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.
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.
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.
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.
The City of Gonzales, Texas, together with all its governing
and operating bodies.
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.
The duly elected governing body of the City of Gonzales,
Texas.
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.
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.
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.
An academic institution of higher learning, accredited or
recognized by the state, and offering a program of [or] series of
programs of academic study.
The planning and zoning commission of the City of Gonzales,
Texas.
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.
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).
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.
A permanent manufacturing facility for the production of
concrete or asphalt.
See City Council.
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.
Gonzales County.
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.
A short, residential street having but one vehicular access
point to another street and terminated on the opposite end by a vehicular
turnaround.
An establishment offering to the general public facilities
for dancing and entertainment for a fee and subject to licensing and
regulation by the city.
The date of adoption of this zoning ordinance shall be the
date this ordinance becomes effective.
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.
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.
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.
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.
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.
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.
A collection of application forms created, updated, and managed
by the city manager.
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.
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.
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.
A building designed for or occupied exclusively, but separately,
by two (2) families.
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.
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.
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.
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.
A part of the electrical distribution system with the primary
function to transform electrical voltage, includes transformer stations
and switching stations.
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.
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.
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.
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.
The area subject to be inundated by water from any source.
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.
The sum of the square footage of all of the floors of a structure
or building.
The total floor area of all building or structures on a lot
divided by the area of said lot.
A facade directly visible from any public street or main
circulation drive and the facade used as the primary entrance to the
building.
All the property abutting on one (1) side of the street,
or between two (2) intersecting streets, measured along the street
line.
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.
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.
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.
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.
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.
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.
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.
A formal nonprofit organization operating under recorded
land agreements through which:
Each lot and/or property owner in a specific area is automatically
a member; and
Each lot or property interest is automatically subject to a
charge for a proportionate share of the expense for the organization’s
activities, such as the maintenance of common property; and
The charge if unpaid, becomes a lien against the nonpaying member’s
property.
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.
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.
Any man-made fixed item that becomes part of or placed upon
real property.
The industrialized building definition within the Texas Occupations
Code chapter 1202, Industrialized Housing and Buildings, shall govern
if different from the following:
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.
The term includes the plumbing, heating, air conditioning, and
electrical systems.
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.
All streets, alleys, sidewalks, storm drainage, water, and
wastewater facilities, utilities, lighting, transportation, and other
facilities as required by the city.
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.
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.
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.
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.
An industrial facility where fabrics are cleaned with substantially
non-aqueous organic solvents on a commercial or wholesale basis.
The fabrication, assembly, manufacturing, and packaging of finished
products or parts, predominantly from previously prepared materials,
but excluding basic industrial processing.
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.
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.
A lot situated at the junction of two or more streets.
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.
A lot having frontage on two non-intersecting streets as
distinguished from a corner lot.
A building lot other than a corner lot.
The lines bounding a lot as defined herein.
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.
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.
See Manufactured Home - HUD-Code under the definition of
manufactured housing.
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.
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.
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:
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.
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.
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.
(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.
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.
Any business which sells edible goods from a Mobile Food
Unit (MFU) within the city.
Any area, land, building, structure, and/or facility owned,
used, leased, or operated by the city including, but not limited to,
administrative office, maintenance facility, fire station, library,
sewage treatment plan, police station, water tower, service center,
and park.
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.
The term “nonconformities” is a general term
used to refer to nonconforming uses, nonconforming structures and
nonconforming lots.
Any use other than a residential use.
The term “nonresidential zoning districts” means
a zoning district as listed a nonresidential zoning district within
Table 3.1: Zoning Districts.
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.
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.
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.
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.
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.
Open space or garage space reserved exclusively for the parking
of a vehicle.
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.
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Figure 1: Example of a Parkway
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Person means an individual, firm, association, organization,
partnership, trust, foundation, company or corporation.
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.
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.
The planning and zoning commission of the City of Gonzales,
Texas.
An athletic field or stadium owned and operated by a public
agency for the general public including a baseball field, football
field or stadium.
The primary or predominant use of any lot or building.
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.
Any property within the city that meets one of the following
requirements:
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.
A building belonging to or used by the public for the transaction
of public or quasi-public business.
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 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.
An institution offering resident treatment to alcoholic,
psychiatric or narcotic patients.
Residential use means use of a structure as a residence.
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.
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.
An establishment engaged primarily in the business of preparing
food and purveying it on a self-serve or semi-self-serve basis.
Customer orders and/or service may be by means of a walk-up
counter or window designed to accommodate automobile traffic.
Consumption may be either on or off the premises.
An establishment serving food generally in or on non-disposable
dishes to be consumed primarily while seated at tables or booths within
a building.
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.
A parcel of land occupied or intended to be occupied by a street
or alley.
A right-of-way may be used for other facilities and utilities,
such as sidewalks, railroad crossings, electrical communication, oil
or gas, water or sanitary or storm sewer facilities, or for any other
use.
The use of right-of-way shall also include parkways and medians
outside of pavement.
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.
Career schools including programs such as dental assisting,
pharmacy technician, nurse aide, veterinary assistant, etc.
Includes public and private school facilities providing K-12
education (kindergarten, elementary, middle school, high schools).
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.
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.
A business described as such in, and regulated by article 4.600 of the Code of Ordinances, as amended from time to time.
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.
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.
The term “special zoning districts” means a zoning
district as listed a special zoning district within Table 3.1: Zoning
Districts.
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.
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.
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.
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.
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.
The shortest distance between the property or easement lines
that delineate the right-of-way of a street.
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.
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.
The primary occupant of the work area must also be a permanent
resident of the dwelling unit.
All activities associated with the studio shall take place in
the primary structure, as opposed to an accessory building or yard.
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.
Any other subdivision or resubdivision of land contemplated
by the provisions of chapter 212, Local Government Code.
The adopted subdivision ordinance of the city.
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.
Any regulations and standards contained within the subdivision
ordinance.
See Specific Use Permit definition.
A licensed state land surveyor or a registered public surveyor,
as authorized by the state to practice the profession of surveying.
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.
Buildings are permitted for a specific period of time in accordance
with a permit issued by the city manager.
The term “temporary field or construction office”
may also be used.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
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.
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.
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:
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.
See Easement.
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.
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.
The graphic expression of the proposed overall plan for subdividing,
improving and developing a tract shown by superimposing a scale drawing
of the proposed land division on a topographic map and showing in
plan view existing and proposed drainage features and facilities,
street layout and direction of curb flow, and other pertinent features
with notations sufficient to substantially identify the general scope
and detail of the proposed development.
The vesting plat shall serve as a means for the city to review
and study the proposed division of land and/or improvements.
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.
Establishments with dust and noise control and primarily
engaged in one or more of the following:
Manufacturing dimension lumber from purchased lumber;
Manufacturing dimension stock (i.e., shapes) or cut stock;
Re-sawing the output of sawmills;
Planing purchased lumber; and
Woodworking and the assembly of wood products.
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These establishments generally use woodworking machinery, such
as jointers, planers, lathes, and routers to shape wood.
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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.
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.
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.
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.
The city’s zoning board of adjustment.
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.
The adopted zoning ordinance of the city, as may be amended
in the future, and may be referred as “this ordinance.”
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).
The Gonzales Municipal Airport.
The airport board of adjustment for the City of Gonzales.
The established elevation of the highest point on the usable
landing area measured in feet from mean sea level.
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.
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.
The point established as the approximate geographic center
of the airport landing area and so designated.
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.
The zones set forth in section 14.609(d), Zones.
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.
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.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
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.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
The surface area of the airport used for the landing, take-off
or taxiing of aircraft.
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.
Any structure, growth or other object, including a mobile
object that exceeds a limiting height set forth in section 14.609(e),
Height Limitations.
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.
A surface longitudinally centered on a runway.
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.
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.
The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway centerline.
The width of a primary surface is 250 feet for utility runways
having only visual approaches.
A defined area on an airport prepared for landing and take-off
of aircraft along its length.
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.
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.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft 12,500 pounds maximum gross weight and
less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
(Ordinance 2021-08 adopted 2/11/21)
