For the purposes of this Unified Development Code, and all articles
thereof, the following definitions apply.
Accessory Building
A Building that is subordinate to the Principal Building
and sits on the same lot or property or that contains an Accessory
Use.
Accessory Dwelling Unit
An independent dwelling unit on a lot zoned for Single-Family
Residential operated concurrently with a primary dwelling unit (see
Section
3.4.8.B.1).
Accessory Use
A use that is subordinate to or incidental to a Principal
Use on the same property or lot and does not physically occupy more
than twenty-five percent (25%) of a building or lot.
Adequate Public Facilities
Facilities capable of supporting and servicing the physical
area and designated intensity of a proposed Subdivision as determined
by the facility provider, including the City, PUA, WCID-17, or other
utility, and based upon specific levels of service identified in the
UDC and the City’s adopted Technical Manual.
Agricultural Uses
Uses that involve the growing of crops or tending of domesticated
animals associated with farm or agricultural uses, including associated
structures, stables, pastures, and runs.
Alcoholic Beverage Sales, Off-Premises Consumption
The sale of any beverage containing more than one-half of
one percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted; and includes, but is not limited
to, liquor, wine, malt liquor, mixed beverage or beer, to be consumed
off-site, such as a grocery store or liquor store.
Alcoholic Beverage Sales, On-Premises Consumption
The sale of any beverage containing more than one-half of
one percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted; and includes, but is not limited
to, liquor, wine, malt liquor, mixed beverage or beer, to be consumed
on-site, such as a restaurant or night club.
Alley
A public right-of-way or private easement used for utility
installation and/or secondary access to individual properties which
have their primary access from an adjacent public or private street.
Alteration
Any revision or change of any extent or type whatsoever,
other than the addition of signatures, dates, seals, or similar fill-ins
within existing certificates or acknowledgements.
Ambulance Service
A facility for the dispatch, storage, and maintenance of
emergency medical care vehicles.
Amenity Center
A building or facility owned or operated by a corporation,
association, person, or persons for a place of meeting, social, cultural,
educational, or recreational purposes, to which membership or residency
requirements is required for participation.
Amusements (Indoors)
An amusement enterprise wholly enclosed in a building that
does not generate noise perceptible at the bounding property line
and including, but not limited to, a facility that includes one or
more of the following: climbing walls, video game arcade, shooting
range, batting cages, indoor skydiving, bowling alley, or billiard
parlor.
Amusement (Outdoors)
An amusement enterprise offering entertainment or games of
skill wherein any portion of the activity takes place in the open
and includes one or more of the following: paintball, go-cart racing,
miniature golf course, or similar outdoor use.
Animal Grooming
A facility where animals are groomed and bathed with no long-term
sheltering or kenneling and with no outdoor facilities.
Animal-Related Uses
Uses involving the care or treatment of animals, including
Animal Grooming, Animal Veterinary Office or Shelter (with Outside
Yard/Kennels), Animal Veterinary Office or Shelter (without Outside
Yard/Kennels); Day Care, Pet; Pet Adoption Center; or Pet Store.
Animal Veterinary Office or Shelter (with Outside Yard/Kennels)
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Facility with a fenced yard or outside kennels in which dogs,
cats, or other domestic animals are accepted for medical treatment,
grooming, bathing, or other treatment for which payment is received.
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Facility with a fenced yard or outside kennels in which three
(3) or more dogs, cats, or other domestic animals are held for adoption
or accepted for boarding for which payment is received. Sometimes
referred to as "doggy day care" or a "pet hotel."
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Animal Veterinary Office or Shelter (without Outside Yard/Kennels)
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Facility entirely indoors in which dogs, cats, or other domestic
animals are accepted for medical treatment, grooming, bathing, or
other treatment for which payment is received.
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Facility entirely indoors in which three (3) or more dogs, cats,
or other domestic animals are held for adoption or accepted for boarding
for which payment is received. Sometimes referred to as "doggy day
care" or a "pet hotel."
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Appliance Sales or Repair
The indoor sale or routine repair of household appliances
such as dishwashers, ovens, ranges, clothes washing machines, clothes
dryers, and other similar devices.
Applicant
Anyone authorized to submit an application for Development,
including, but not limited to, a property owner or the owner’s
designee or a Subdivider or Developer or their agent, attorney, architect,
engineer, surveyor, or contractor.
Application
Notice to the City provided on an acceptable form from the
City that begins the Development or Subdivision process. For the purposes
of TLGC Chapter 242, the date an applicant submits an application
for review of administrative completeness determines the regulations
the City will use to review the application.
Architect
An individual who is either licensed to practice architecture
in the U.S. and/or associate architect as defined by the American
Institute of Architecture.
Architectural Lighting
Lighting designed to reveal architectural beauty, shape or
form with any other purpose for the lighting being incidental.
Art Gallery or Museum
An institution for the collection, display, or distribution
of objects of art or artifacts of cultural, scientific, or historic
significance, that is sponsored by a public or quasi-public or non-profit
agency, and is open to the general public or by invitation or appointment.
Artisan Studio
A work space used by one or more painters, sculptors, graphic
artists, illustrators, photographers, jewelers, or other artists including
Ceramic, Pottery, or Glass Studios, that is not food production, is
not the manufacture of large quantities of a standardized article,
does not endanger the health, safety, and welfare of the artist or
the general public, and that does not cause a nuisance to abutting
property owners.
Assisted Living Home
A licensed residential facility that provides food &
shelter, personal guidance, care, habilitation services, & supervision
for 7 or more persons with a disability as defined by Chapter 123
of the Texas Human Resources Code, the Americans with Disabilities
Act or the Fair Housing Act.
Astronomic Time Switch
An automatic lighting control device that switches outdoor
lighting relative to time of solar day with time of year correction.
Auto Driving School
A school that instructs students to operate an automobile
or light truck, including classroom instruction and driving on a public
street.
Auto/Vehicle Repair
A shop that maintains, repairs, or rebuilds engines, transmissions,
differentials, suspension components, electrical or computer components,
EV or hybrid batteries or components, brakes, or other major components,
or performs repair or maintenance of vehicle bodies, with all repair
conducted inside an enclosed building and not including salvaging
of parts or long-term holding or storage of inoperable or disassembled
vehicles. May include Quick Lube.
Average Grade
The average of the highest and lowest existing ground elevation
points around the structure’s foundation.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)
Backlight
For an exterior luminaire, lumens emitted in the quarter
sphere below horizontal and in the opposite direction of the intended
orientation of the luminaire. For luminaires with symmetric distribution,
backlight will be the same as front light.
Bakery or Coffee Shop
An establishment for baking and selling products like coffee
or tea, cake, bread, cookies, pastries, pie, or other similar foods,
and including as a secondary source of income the sale of small meals
such as sandwiches that may be pre-packaged along with packaged snacks
such as chips.
Bank or Depository Financial Institution
A financial institution that is open to the public and engaged
in deposit banking, and that performs closely related functions such
as making loans, investments, and fiduciary activities. (For payday
and title loan businesses, see Non-Depository Lender/Credit Access
Business.)
Barber or Beauty Shop
An establishment where barbering, as defined in the Texas
Barber Act, V.T.C.A., Occupations Code ch. 1601, is practiced, offered,
or attempted to be practiced, except when such place is duly licensed
as a barber school or college, or where cosmetology, as defined in
the Cosmetology Regulatory Act, V.T.C.A., Occupations Code ch. 1602,
is practiced.
Base Flood
A flood having a one percent chance of being equaled or exceeded
in any given year based on a fully developed watershed. Also known
as the 100-year flood.
Basement
A building story partially or completely underground. A basement
shall be counted as a story in computing building height where any
portion of a basement has more than one-half of its height above grade.
Beacon
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same zone lot as the
light source; also, any light with one more beams that rotate or move.
Bed and Breakfast
A dwelling or grouping of dwellings at which breakfast is
served and sleeping accommodations are provided/offered in rooms or
unattached units (e.g., cabins) for transient guests for compensation.
The facility shall be owner-occupied in the residential zoning districts
and may be manager occupied in other zoning districts.
Bicycle Sales and Repair
The sale and repair of non-motorized bicycles with all sales,
repair, and storage of bicycles and parts occurring within an enclosed
building.
Bookstore or Bookshop
The sale of books, magazines, and e-readers from a permanent
retail location. May include secondary uses such as stationery and
greeting card sales and bakery.
Brewery, Macro
A brewery producing over 10,000 barrels of beer per year.
Brewery, Micro
A brewery producing up to 10,000 barrels per year and is
accompanied by accessory uses such as a tasting room or food service.
Broadcast Station
A facility for broadcasting messages or programs to the public
via radio transmission, by television signal, or over the internet.
B-U-G Ratings
A luminaire classification system with ratings for Backlight
(B), Uplight (U), and Glare (G). The Backlight component of the rating
system takes into account the amount of light in the BL, BM, BH and
BVH zones depicted below. The Uplight component takes into account
the amount of light in the UH and UL zones. The Glare component takes
into account the amount of light in the FH, FVH, BH and BVH zones.
Figure: B-U-G Rating Zones
(Source: Illuminating Engineering Society and International
Dark Sky Association, by permission)
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Building
Any permanent structure designed, used, or intended to be
used for human occupancy or use or to support the human occupancy
or use of land, including manufactured homes.
Building Coverage
The portion of the lot that is covered by the principal building
and all accessory buildings. The coverage is expressed as a percentage
of such area in relation to the total gross area of the lot or site.
Building Materials Sales
The retail or wholesale sale of raw or bulk building materials
such as wood timbers for framing; facia materials; roofing materials;
electrical conduit, switches, and boxes; concrete mix with no on-site
batching; or similar materials used in construction. May include secondary
retail sales related to building construction such as tools, hardware,
and lightbulbs but does not include landscaping, appliances, or other
goods sold in a Home Improvement Store.
Building Permit
A document signed by the building official or their authorized
representative as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, restoration, repair,
remodeling, rehabilitation, alteration, conversion, demolition, moving,
installment, or portion of a structure or building, which acknowledges
that such use or building complies with the provisions of this chapter
or an authorized variance or specific use permit there from.
Building, Principal
A building in which the principal use of the lot on which
the building is located is conducted.
(Ordinance 475 adopted 6/28/22)
Cafeteria
A restaurant where prepared food is served to customer from
a serving area adjacent to the kitchen which allows the customer to
see the food before it is served, and where food is typically purchased
before it is consumed and eaten on-premises.
Caliper
The diameter of a tree as measured at a point that is four
and one-half feet (4.5') above ground level.
Car Service
A for-hire service that provides private vehicles under 16,000
pounds GVWR to individuals or companies on a prearranged basis. Also
includes secondary storage of vehicles used for providing the car
service but not servicing or repair of any vehicles.
Car Wash
A facility, structure, or group of structures, which may include tunnels, awnings, and canopies, for washing automobiles and light trucks (under 16,000 pounds GVWR) in accordance with State regulations, [Section] 6.7 [Article
7] of this UDC, and the City’s Technical Manual, and which may include secondary facilities or services for drying, vacuuming, and detailing automobiles and light trucks. Does not include self-service or coin operated facilities where vehicle owners use equipment provided by the facility to wash their vehicle.
Carpentry Shop
A shop involving woodworking and assembly of wood products.
Ceramic, Pottery, or Glass Studio
A studio that is not a manufacturer that produces ceramic,
pottery, or glass goods and that does not create a nuisance to abutting
properties or the general public by creating dust, odor, or fumes.
May operate as a "make your own" facility open to the public where
the public makes their own goods or paints, decorates, or otherwise
manipulates finished goods.
Certificate of Completeness
Certification by the Responsible Official that an application
for Plat, Plan, Permit, or other application subject to the requirements
of TLGC Chapter 245 meets the requirements for that application to
be considered complete under this UDC.
Certificate of Convenience and Necessity
A Certificate of Convenience and Necessity (CCN) gives a
retail public utility the exclusive right to provide retail water
and sewer utility service to an identified geographic area or the
"certificated service area." Chapter 13 of the Texas Water Code requires
a CCN holder to provide continuous and adequate service to the area
within the boundaries of its certificated service area. Neither the
PUD nor the City shall provide retail water or sewer service within
an area being lawfully served by another utility unless that district
or municipality has a CCN for the area.
Certificate of Occupancy
Certificate issued by the building official for the use of a building, structure, or land, when it is determined by the building official that the building, structure, or proposed land use is listed in the official Use Charts (see Section
3.3.5) and complies with the provisions of all applicable codes of the City of Bee Cave.
Check Cashing
A business that cashes checks for a nominal fee related to
the amount on the face of the check and does not provide credit access,
payment advances, or loans.
City
The City of Bee Cave, Texas.
City Code
The Code of Ordinances of the City, including but not limited
to the City Charter. This term does not refer to the Unified Development
Code (UDC).
City Council
The elected governing body of the City of Bee Cave, Texas.
Also referred to as "Council".
City Engineer
The individual holding the office of City Engineer of the
City of Bee Cave, Texas, who shall actively maintain licensure in
good standing as a professional engineer under the laws of the State
of Texas. Those duties assigned by this UDC to the City Engineer which
relate to the development review process may be reassigned by the
City Manager, in whole or in part, to one or more licensed professional
engineers, as needed to adjust workflow or to provide specific expertise.
City Limits
The boundary of the incorporated limits of the City.
City Manager
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The chief executive officer and head of the administrative branch
of the City government.
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The acting City Manager; or
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Any employee or administrative officer of the City to whom such
chief executive officer or acting City Manager shall have delegated
certain authority, but only to the extent of such delegation.
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Clinic (Inpatient)
A facility that performs advanced medical procedures or those
requiring an overnight stay or 24-hour monitoring that does not fall
under the definition of Hospital.
Clinic (Outpatient)
A facility that treats patients with nonemergency or nonlife-threatening
conditions such as a cold or fever. May include limited imaging such
as X-ray. Patients are typically seen and treated by a general physician
or nurse practitioner who may prescribe medication or treatment. Facilities
such as "Urgent Care" clinics fall under this definition (for facilities
that treat emergency situations, including facilities capable of receiving
patients transported by ambulance, see Emergency Care Facility).
Clinic (Specialty Outpatient)
A clinic that performs medical procedures not requiring an
overnight stay or 24-hour monitoring, including dentists, orthopedists,
ophthalmologists, plastic surgeons, ENTs, dialysis, and elective and
nonelective inpatient surgeries.
College or University
An academic institution of higher learning that is recognized
by the State or accredited or recognized by an accrediting institution
and offers a program or series of programs of academic study culminating
in the granting of a degree or credential.
Community Center
A multipurpose meeting and recreational facility typically
consisting of one or more meeting or multipurpose rooms, kitchens,
and/or outdoor barbecue facilities that are available for use by various
groups for such activities as meetings, parties, receptions, dances,
etc. The facility is owned and operated by the City, or a nonprofit
organization dedicated to promoting the health, safety, and general
welfare of the City.
Community Center, Residential
A multipurpose meeting and recreational facility, with features
including, but not limited to fitness centers, meeting rooms, restrooms,
swimming pools, sport courts, and reserved for the use of residents
of a particular neighborhood or development. Such facilities are typically
owned by a property owners’ association or similar entity.
Community Home
A licensed residential facility that provides food &
shelter, personal guidance, care, habilitation services, and supervision
for no more than 6 persons with a disability as defined by Chapter
123 of the Texas Human Resources Code, the Americans with Disabilities
Act or the Fair Housing Act.
Comprehensive Plan
The City’s Comprehensive Plan adopted in accordance
with Texas Local Government Code, Chapter 213, and all the associated
studies, recommendations, and maps within it, including the Future
Land Use Map.
Computer Sales and Repair
A business that sells, buys, upgrades, or repairs computers
and similar electronic personal devices such as laptops, tablets,
and associated parts and peripheral components, with all work and
storage being indoors.
Concept Plan
A graphic representation of the general layout and development
scheme currently contemplated for the property subject to request
to rezone to a higher-intensity zoning district. The Planning Director
is responsible for maintaining and making available a checklist of
items to be included in a Concept Plan, this checklist may be revised
or changed at any time without notice consistent with the UDC.
Conference Center
A facility with predominantly indoor rentable or leasable
space for conferences, events, conventions, meetings, and other similar
gatherings that are booked in advance, along with supporting facilities
such as lobbies, mezzanines, kitchens for food preparation, catering,
or vending, loading docks, and storage or staging areas. These facilities
are of a scale to be able to host one or more separate events at the
same time.
Consignment Shop
A business that is not a Pawn Shop or junk shop that offers
secondhand merchandise such as clothes, jewelry, or furniture for
sale on behalf of the owner of the merchandise and takes a fee for
selling the merchandise.
Construction Release
Certification by the City Engineer that Construction Plans
and all planned activities associated with construction of a Subdivision
and Public Facilities meet all requirements of this UDC.
Contractor
Any person, other than the owner, engaging in land development
activities on land located within the City Jurisdiction.
Contractor's Office
A facility for administrative functions and storage of equipment
and materials used in the on-site physical improvement or repair of
properties and structures, including construction, plumbing, heating
and cooling, electrical, and similar professions.
Convenience Store
A small retail store that is less than 6,500 square feet
that offers goods such as packaged foods, beverages, tchotchkes, and
limited personal and household items, but that offers little to no
fresh foods, hygiene, or healthcare goods. May offer limited food
preparation on site as a secondary use or be connected to a Restaurant.
Country Club
A chartered membership club catering primarily to its membership,
providing one or more of the following recreational and social activities
such as: golf, swimming, riding and tennis; with amenities such as
a club house, locker room, or pro shop.
Cross Access Easement
An easement shown on a Plat or other recorded instrument
that assigns benefit and right of entry to the public at large or
to an abutting property owner and allows passage to the beneficiary
over and across the property on which the easement is located.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)
Dance Hall, Night Club, or Live Music Venue
An indoor establishment offering facilities for concerts,
dancing, and similar entertainment that may restrict entry to paying
or ticketed customers or on the basis of a cover charge.
Dance, Music, or Drama Studio
A studio that is smaller than a concert hall or performing
arts center which provides space for instruction and small recitals
for dance, ballet, music, plays, or similar performing arts activities.
Day Camp
A camp offering recreational programming primarily for children,
such as science camp or art camp, without overnight accommodations.
Day Care, Adult
A facility specializing in the basic care of adults who cannot
care for themselves, such as the elderly or disabled, during the day.
Day Care, Child
A facility regulated by the Texas Health and Human Services
Department that is not a school and which specializes in the care
and instruction of children during the day. Also known as a "nursery."
Day Care, Pet
A facility where pets are kept for boarding and which includes
provisions for feeding, sleeping, exercise, and waste elimination
and where animals are not given medical treatment (see Animal Veterinary
Office or Shelter (with Outside Yard/Kennels) or Animal Veterinary
Office or Shelter (without Outside Yard/Kennels).
Demolition By Neglect
Is a situation in which a property owner or others having
legal possession, custody or control of a property, allow the condition
of property located to suffer such deterioration, potentially beyond
the point of repair, as to threaten the structural integrity of that
structure.
Determination of Incompleteness
A determination by the Responsible Official, delivered to
an applicant by mail deposited with the United States Post Office
or by electronic mail, that an application or Permit does not contain
all required information, along with a list of items needed for the
application to be considered complete. Following a Determination of
Incompleteness, the applicant has 45 days to submit the requested
information before the application expires.
Developer
An individual, firm, partnership or other organization proposing
to subdivide, develop or make improvements to a property or tract
of land. A person who owns a tract of land and who is engaged in clearing,
grubbing, filling, mining, excavating, grading, installing streets
and utilities or otherwise preparing that tract of land for the eventual
division into one or more lots on which Building(s) or other Structure(s)
will be constructed or placed.
Development
Any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, paving,
drainage or utilities. Development activities include: subdivision
of land; construction or alteration of structures, roads, parking,
fences, pools, signs, temporary uses, utilities, and other facilities;
installation of septic systems; grading; excavation, mining or drilling
operations; deposit of refuse, debris, or fill materials; and clearing
of natural vegetative cover (with the exception of agricultural activities
as defined and as permitted). Routine repair and maintenance activities
are exempted. Care and maintenance of lawns, gardens, and trees, minimal
clearing (ten feet (10’) wide) for surveying and testing, and
agricultural activities are excluded from this definition.
Development Agreement
An agreement authorized under TLGC Section 212.172, Subchapter
G between the City and a Subdivider of property in the ETJ that outlines
certain development and design standards, responsibilities, and procedures
relating to the development of a property and may contain a timeline
for annexation of the property and assumption of certain responsibilities
for the provision or maintenance of Public Facilities.
Distillery, Macro
An establishment that produces more than 100,000 proof gallons
of distilled alcohol per year, such as whiskey, rum, gin, vodka, and
other spirits not defined elsewhere in this UDC.
Distillery, Micro
An establishment that produces up to 100,000 proof gallons
of distilled alcohol per year, such as whiskey, rum, gin, vodka, and
other spirits not defined elsewhere in this UDC and is accompanied
by a tasting room or food service.
Driveway Stub-Out
A portion of a driveway connection between two properties
or a property and a future right-of-way that allows an unimpeded connection
to be constructed for access onto, over, and between that property
and a future street or driveway on the neighboring property or right-of-way.
Duplex
A type of Single-Family Residential development in which
two (2) units share a common wall in one building, with each unit
situated on either one or separate platted lots with the shared lot
line following the shared wall.
Dwelling Unit or Dwelling, Residence
One or more rooms, which are arranged, designed, used, or
intended to be used for occupancy by a Family or group of persons
living together as a family or by a single person.
Dwelling Units Per Acre (Density)
Includes the net area of developable land in acres, minus
land used for stormwater quality controls, easements, and right-of-way.
To calculate density, the number of dwelling units within a development
is divided by the net acreage.
(Ordinance 475 adopted 6/28/22)
Easement
An area of restricted use on private property upon which
the City or a public utility, or both, shall have the right to remove
and keep removed all or part of any buildings, fences, trees, shrubs,
and/or other improvements or growths which in any way will endanger
or interfere with the construction, maintenance or efficiency of its
respective systems within said easements. The City and public utilities
shall, at all times, have the right to ingress and egress to and from
and upon easements for the purpose of constructing, reconstructing,
inspecting, patrolling, maintaining, and adding to or removing all
or part of their respective systems, without the necessity at any
time of procuring of permission of anyone.
Electric Vehicle
Any vehicle that operates, either partially or exclusively,
on electrical energy from the grid or an off-board source, that is
stored on-board for locomotive purpose. Electric vehicles include
Battery electric vehicles (BEV) and Plug-in hybrid electric vehicles
(PHEV).
Electric Vehicle Charging Levels or Charging Levels
The standardized indicators of electrical power, at which
an electric vehicle’s battery is recharged. The terms 1, 2,
and 3 are the most common charging levels, and include the following
specifications:
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Level-1. Level-1 is considered slow charging and operates on
a 15- or 20-amp breaker on a 120-volt alternating current (AC) circuit
and standard outlet.
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Level-2. Level-2 is less than 50 kW and typically operates on
a 40- to 100-amp breaker on a 208- or 240-volt AC circuit.
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Level-3 or Direct Current Fast Charging (DCFC). Level-3 or DCFC
is considered fast or rapid charging and is 50 kW or more and typically
operates on a 60-amp or higher dedicated breaker on a 480-volt or
higher three-phase circuit using direct current (DC) with special
grounding equipment.
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Electric Vehicle Charging Space
A parking space in an off-street parking area identified
and marked for the exclusive use of parking electrical vehicles while
the vehicle is charging.
Electric Vehicle Charging Station or Charging Station
Battery charging station equipment, such as electric vehicle
connectors and attachment plugs, that has as its primary purpose the
transfer of electric energy by conductive or inductive means to a
battery or other energy storage device in an electric vehicle, electric
vehicle charging stations include level 1, 2, and 3 charging levels.
Electric Vehicle Infrastructure
The equipment, as defined by the National Electrical Code,
which is provided to support electric vehicle charging. This shall
include, but not be limited to: the design load placed on electrical
panels and service equipment to support the additional electrical
demand, the panel capacity to support additional feeder/branch circuits,
the installation of raceways, both underground and surface mounted,
to support the electrical vehicle charging station, this includes
utility transformers and EV charging cabinets.
Emergency Care Facility
An outpatient facility that diagnoses and treats routine
but urgent medical conditions such as broken bones, lacerations, and
other injuries and is able to receive and dispatch patients by ambulance,
but that offers little to no specialty services, no operating rooms,
and no inpatient facilities.
Extended Stay or Residence Hotel
A hotel offering suites at weekly rates that facilitate stays
of up to 30 days. Extended Stay or Residence Hotels are typically
equipped with full in-room kitchen facilities and offer limited to
no food service within common areas of the hotel, and may lack other
features of traditional hotels such as concierge, pool, daily cleaning
and trash service, meeting space, and exercise rooms.
Exterminator
A business engaged in exterminating pests such as rodents
and insects using chemicals, traps, or other techniques.
Extraterritorial Jurisdiction
Also referred to as "ETJ". Means a geographic area identical
to the extraterritorial jurisdiction defined by Texas Local Government
Code Chapter 42.
(Ordinance 475 adopted 6/28/22)
Fall Zone Distance
The area on the ground within a prescribed radius from the
base of a personal wireless service facility. The fall zone is the
area within which there is a potential hazard from falling debris
or collapsing material.
Family
One (1) or more persons related by blood, marriage, or adoption
or a group not to exceed four (4) persons not all related by blood
or marriage, adoption, or guardianship, occupying a single dwelling
unit and sharing living, cooking, eating, sleeping, and bathroom facilities.
Family Home
A facility that regularly provides care in the caretaker’s
own residence for not more than six (6) children under fourteen (14)
years of age, excluding the caretaker’s own children, and that
provides care after school hours for not more than six (6) additional
elementary school siblings of the other children given care. However,
the number of children, including the caretaker’s own, provided
care at such facility shall not exceed twelve (12) at any given time.
No outside employment is allowed at the facility. This facility shall
conform to Chapter 42 of the Human Resources Code of the State of
Texas, as amended, and in accordance with such standards as may be
promulgated by the Texas Department of Human Resources.
Farmer's Market
An occasional or periodic market held in an open area or
in a structure where groups of individual sellers offer for sale to
the public such items as fresh produce, seasonal fruits, fresh flowers,
arts and crafts items, and food and beverages (but not to include
second-hand goods) dispensed from booths located on-site. Non-recurring
Farmer’s Markets may require a Temporary Special Event Permit
via Section [Article] 6.03 of the Code of Ordinances.
Feed and Grain Store
A commercial business that primarily sells feed and grain
for agricultural or livestock use.
Fire Code
The most recently adopted International Fire Code as published
by the International Code Council.
Fiscal Security
A form of payment, bond, or credit provided by the Subdivider
to secure the City against financial loss if Public Facilities are
not completed in the period required by an Improvement Agreement or
this UDC. It may also refer to security provided by the Subdivider
for the construction of temporary and permanent sedimentation controls
and for water quality controls or as part of the application for an
NPS pollution control permit. Fiscal Security may refer to any of
the following:
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Escrow provided by the Subdivider to delay construction of Public
Facilities.
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Cash, money order, cashier’s check, or irrevocable letter
of credit as payment of the Subdividers’ share of constructing
Public Facilities.
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Performance Bond executed by a surety named in the current list
of "Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies" as published
in Circular 570 (amended) by Financial Management Service, Surety
Bond Branch, U.S. Department of the Treasury, signed by an agent accompanied
by a certified copy of the authority to act, and obtained from surety
or insurance companies that are duly licensed or authorized in the
state to issue Performance Bonds for the limits and coverage required.
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Maintenance Bond to maintain Public Facilities for a period
of two (2) years following acceptance of the Public Facilities by
the City, and warranting that all Public Facilities will be free from
defects for a period of two (2) years following such acceptance by
the City.
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Fitness Boot Camp
A temporary outdoor use involving the rental of property
such as the parking lot or lawn of a commercial business or Place
of Worship for coordinated fitness activities by individuals enrolled
in a fitness program.
Fitness Gym or Health Club
A facility, typically with members who pay a monthly or yearly
fee for access to a variety of machines, equipment, showers, and fitness
programming for the purpose of physical exercise.
Fitness or Martial Arts Studio
A space equipped for instruction in fitness and exercise
techniques, including yoga, tai chi, and aerobics or martial arts,
including Tae Kwon Do, Karate, Jiu-jitsu, Kick Boxing, Mixed Martial
Arts, or a combination of both.
Fix-It Shop
A business that provides basic repair services for mechanical
equipment, including small engine repair (lawnmowers, chainsaws, and
other small equipment), blade sharpening, and other household items
using common hand tools.
Flag Lot
A lot that abuts a street by means of a strip of land that
does not comply with minimum lot width. Flag lots are often used to
achieve access/frontage.
Flood Hazard Boundary Map (FHBM)
An official map of a community, issued by the Federal Insurance
Administration, where special flood hazard areas have been designated.
Flood Insurance Rate Map (FIRM)
An official community map showing special flood hazard areas
and the risk premium zones applicable to the community as issued by
the Federal Insurance Administration.
Floodplain
An area identified by the Federal Emergency Management Agency
as possibly being flood-prone, or below the immediate flood line (100-year
floodplain).
Floodway
Area regulated by federal, state, or local requirements to
provide for discharge for the base flow, so that the cumulative increase
in water surface elevation is no more than a designated amount within
the 100-year floodplain. A river, channel 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. Normally, the floodway will include
the stream channel and that portion of the adjacent land areas required
to pass the base flood (100-year flood) discharge without cumulatively
increasing the water surface elevation at any point more than one
foot above that of the pre-floodway condition, including those designated
on the flood insurance rate map.
Floor Area –
The sum of the horizontal areas of all above-ground floors of
a Building. Floor area is measured from the exterior faces of a Building
or in the case of a common wall Building, from the centerline of the
common wall. Floor area includes structured parking area above finished
grade but does not include the following:
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Areas where the elevation of the floor is four feet (4’)
or more below the lowest elevation of an abutting right-of-way;
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Roof area, including roof top parking;
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Roof top mechanical equipment; or
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Roofed porches, exterior balconies, or other similar areas,
unless they are enclosed by walls that are more than forty-two inches
(42") in height, for fifty percent (50%) or more of their perimeter.
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Floor area is further divided into net and gross calculations
as defined below:
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Gross Floor Area: The total Floor Area of a building intended
for occupancy or storage, not including interior parking or loading
spaces. Gross area includes basements, attics, closets, restrooms,
lobbies, hallways, stairwells and elevators, utility and mechanical
spaces and loading docks, but excludes vent shafts, underground parking
spaces, uncovered steps, and exterior balconies. When the term "gross
square feet" is used, the calculation is based on the same methodology
used to determine gross floor area.
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Net Floor Area: The gross floor area of a Building excluding
lobbies, restrooms, hallways, stairwells, elevators, mechanical and
utility spaces, and loading docks. When the term "net square feet"
is used, the calculation is based on the same methodology used to
determine net floor area.
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Florist
A business other than a Nursery or Greenhouse that grows,
cultivates, arranges, and sells flowers and other small plants for
a fee.
Food and Beverage Services
The sale of food or beverages, including alcoholic beverages,
to the public from a building or location as a primary use. Includes
food and beverages that are intended either for on- or off-site consumption,
including Alcoholic Beverage Sales, Off-Premises Consumption, Alcoholic
Beverage Sales, On-Premises Consumption, Bakery or Coffee Shop, Restaurant
(Sit-Down and Takeout) and Grocery Store, Neighborhood.
Food Truck or Food Trailer Park
A property, parcel, or lot where one (1) or more mobile food
vendors congregate to offer food or beverages for sale to the public.
Footcandle
The unit of measure expressing the quantity of light received
on a surface. One footcandle is the illuminance produced by a candle
on a surface one foot square from a distance of one foot.
Fraternal Organization
An organized group having a restricted membership and specific
purpose related to the welfare of the members such as Elks, Masons,
Knights of Columbus, or a labor union.
Furniture Sales
Sales of items used to furnish a home or office, such as
tables, chairs, couches, sofas, cabinets, dressers, wardrobes, and
beds, with all items and sales being located inside the building.
(Ordinance 475 adopted 6/28/22)
Garden Shop
A facility which is engaged in the selling of flowers, ornamental
plants, shrubs, trees, seeds, garden and lawn supplies, and other
materials used in planting and landscaping, but not including cultivation
and propagation activities outside a building. Plants may be displayed
or staged outside as long as display or storage areas do not extend
more than twenty (20) feet beyond the front face of the building.
Gas Station
Includes the retail sale of gasoline and diesel fuel to individual
customers as well as retail sales of goods and personal items from
a Convenience Store that operates as part of the same facility and
ancillary uses such as tire refilling station and Car Wash.
Glare
Lighting entering the eye directly from luminaires or indirectly
from reflective surfaces that causes visual discomfort or reduced
visibility.
Golf Course or Disc Golf Course
A public or private facility with at least nine holes or
baskets and typically includes fairways, tees, greens, and hazards
and may include ancillary facilities such as a clubhouse or restrooms.
Government Building
Facilities such as office buildings, maintenance yards, equipment
yards, service facilities, shops, water storage facilities, utility
buildings and lines, etc.
Greenhouse
An area for the cultivation of plants within a glass enclosure
designed to disperse the light and energy of the sun to the area within
the enclosure.
Grocery Store, Neighborhood
A retail store that is between 8,000 and 20,000 square feet
and sells various packaged foods and beverages, household and personal
items targeted to a neighborhood-scale market area and that designates
a minimum of ten percent (10%) of the floor area for the sale of fresh
fruits and vegetables.
Grocery Store, Regional
A retail store that is 20,000 square feet or larger and sells
a large variety of household and personal items, including medication
and clothing, fresh and packaged foods, and commonly includes meat,
seafood, and dairy counters, as well as other secondary uses such
as a Pharmacy, Florist, Caterer or Catering Service, and Bakery or
Coffee Shop.
(Ordinance 475 adopted 6/28/22)
Halfway House
A licensed group residential facility for housing inmates
on release from more restrictive custodial confinement, or for housing
other individuals, initially placed in such a facility, in lieu of
more restrictive custodial confinement, wherein supervision, rehabilitation
and counseling are provided to aid residents in their return to society,
thus enabling them to live independently.
Handicraft or Hobby Store
A retail store that specializes in crafts, including seasonal
crafts, decorative home goods, and goods or materials used in hobbies
such as quilting, clothes-making, modeling, or scrapbooking. May include
secondary services such as mounting or framing.
Hardscape
Permanent hardscape improvements to the site including parking
lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways
and non-vegetated landscaping that is 10 feet or less in width. Materials
may include concrete, asphalt, stone, gravel, etc.
Hardscape Area
The area measured in square feet of all hardscape. Hardscape
Area is used to calculate the Total Site Lumen Limit in both the Prescriptive
Method and Performance Methods (See Hardscape).
Hardscape Perimeter
The perimeter measured in linear feet is used to calculate
the Total Site Lumen Limit in the Performance Method (See Hardscape).
Hardware Store
A retail store that is smaller than a Home Improvement Store
use that specializes in selling tools, hardware, and building materials
intended for individual home improvement projects or minor repairs
(as distinct from a Building Materials Sales use).
Hay, Grain and Feed Sales
A secondary use associated with a farm, ranch, or undeveloped
property in which the products are produced, processed, or baled on
site.
Healthcare Uses
Includes uses involving the provision of healthcare and health-related
services such as dentist, chiropractor, physical therapy, Clinic (Outpatient);
Clinic (Inpatient); Clinic (Specialty Outpatient); and Hospital but
does not include Emergency Care Facility.
Helipad
An area of a building or site with a primary use that frequently
generates or receives helicopter traffic, such as a hospital, that
is designed to be used for the landing, takeoff, loading and unloading
of helicopters.
Heliport
An area or use designed to be used for the landing, takeoff,
loading, unloading, storage, and fueling of helicopters, and which
contains other structures or facilities such as a terminal, hangars,
and fuel tanks.
Home Improvement Center
A retail store that sells a wide variety of home goods, tools,
hardware, building materials in either individual or bulk quantities,
plumbing and electrical supplies, yard maintenance equipment, appliances,
lighting, and gardening and lawn supplies. May include secondary uses
such as Contractor’s Office and Equipment Rental.
Home Occupation
A business, occupation, or profession conducted within a
residential dwelling unit.
Hospital –
General Hospital is an institution licensed by the Texas Department
of State Health Services that:
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Offers services, facilities, and beds for use for more than
24 hours for two (2) or more unrelated individuals requiring diagnosis,
treatment, or care for illness, injury, deformity, abnormality, or
pregnancy; and
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Regularly maintains, at a minimum, clinical laboratory services,
diagnostic X-ray services, treatment facilities including surgery
or obstetrical care or both, and other definitive medical or surgical
treatment of similar extent.
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Specialty Hospital is an establishment licensed by the Texas
Department of State Health Services that:
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Offers services, facilities, and beds for use for more than
24 hours for two (2) or more unrelated individuals who are regularly
admitted, treated, and discharged and who require services more intensive
than room, board, personal services, and general nursing care;
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Has clinical laboratory facilities, diagnostic X-ray facilities,
treatment facilities, or other definitive medical treatment;
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Has a medical staff in regular attendance; and
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Maintains records of the clinical work performed for each patient.
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Hotel, Full Service
A multi-level hotel offering guest rooms and suites on a
nightly basis in a range of sizes not less than 500 square feet and
on-site amenities including at least three (3) of the following per
200 rooms or portion thereof: full-service restaurant and room service,
concierge service, at least 10,000 square feet of meeting space, indoor
pool, spa, lobby with at least 5,000 square feet of space, rooftop
gathering area, valet parking, structured parking.
Hotel, Limited Service
A hotel offering guest rooms and suites on a nightly basis
and on-site amenities including, at a minimum, breakfast served daily,
swimming pool, daily room cleaning service, and exercise room.
(Ordinance 475 adopted 6/28/22)
Ida
International Dark Sky Association.
Iesna
Illuminating Engineering Society of North America.
Independent Living Facility
A residential development in which no medication or medical
care is administered and that is age-restricted to persons of retirement
age. May include secondary facilities intended for the use of residents
such as consultation rooms for meeting with a doctor or nurse, or
services such as a Barber or Beauty Shop.
Infill Development
Development on a vacant parcel or groupings of vacant lots
within an existing block surrounded by existing development that is
contiguous on at least two sides for corner lots and contiguous on
at least three sides for interior lots (existing development located
directly in front on the other side of the street may count as a side
for interior lots only), no greater than two acres in size, and is
served with all or most public services and facilities, including
but not limited to water, wastewater and drainage. Annexed areas on
the periphery of the City limits are not considered infill sites.
Infrastructure
The provision of systems that provide transportation, water,
wastewater, solid waste, stormwater drainage, electrical and franchise
facilities typically required to service development.
Initial Permit
The Application that initiates or begins a project, Development
or Subdivision and establishes the Official Vesting Date.
Interlocal Agreement
An agreement made pursuant to Texas Government Code Chapter
791 between the City of Bee Cave and another local governmental to
provide or assist in providing services to the other local governmental
or the City of Bee Cave.
(Ordinance 475 adopted 6/28/22)
Reserved.
(Ordinance 475 adopted 6/28/22)
K-12 School, Private
A school offering a program of study accredited by the state
and that includes any grade or combination of grades kindergarten
through twelfth (12th). And is not established pursuant to the Texas
education code Title II - Public Education, C - Local Organization
and Governance, Chapter 11- School Districts.
K-12 School, Public
A school offering a program of study accredited by the state
and that includes any grade or combination of grades kindergarten
through twelfth (12th) and is established as an independent school
district with taxing authority under the Texas education code Title
II - Public Education, C - Local Organization and Governance, Chapter
11- School Districts.
Kiosk[,] Retail
A retail store that operates in a space of 500 square feet
or less, has no street frontage, and sells primarily specialty items,
tchotchkes, or other non-durable goods to patrons of a larger use
or retail center, such as a shopping mall.
(Ordinance 475 adopted 6/28/22)
Lamp
A generic term for a source of optical radiation (i.e. "light"),
often called a "bulb" or "tube". Examples include incandescent, fluorescent,
high-intensity discharge (HID) lamps, and low pressure sodium (LPS)
lamps, as well as light-emitting diode (LED) modules and arrays.
Land User
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
Landowner
Any person holding title to or having a legal interest in
land.
Landscape Lighting
Lighting of trees, shrubs, or other plant material as well
as ponds and other landscape features.
Laundromat, Self-Service
A facility not exceeding four thousand (4,000) square feet
in floor area where patrons wash, dry, or dry clean clothing or other
fabrics in machines operated by the patron.
Laundry (Dry Cleaning, Pick Up/Drop Off)
Fabrics, clothes, and linens cleaning shop or drop-off/pick-up
station that serves as an outlet for a larger off-site facility and
does not exceed six thousand (6,000) square feet of Floor Area.
Laundry, Commercial
An industrial facility where fabrics are cleaned with substantially
non-aqueous organic solvents on a commercial or wholesale basis.
Letter of Certification
A letter from an entity or authority that provides or has
the authority to provide through enabling statute or CCN one or more
Public Facilities to a property and that certifies that the entity
or authority has the ability to serve the property with one or more
utilities. The City uses Letters of Certification as a means of determining
whether the property owner, Developer, or Subdivider is able to obtain
or provide Adequate Public Facilities prior to or concurrent with
a request for approval of a permit or development. Entities or authorities
referenced in this definition may include, but not be limited to,
the following:
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The City of Bee Cave;
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The Western Travis County Public Utility District (PUD);
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Travis County (if applicable);
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Texas Department of Transportation (if applicable);
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Any provider or district authorized to provide electrical or
gas service.
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Light Manufacturing and Assembly
The fabrication, assembly, and packaging of finished products
or parts, predominantly from previously prepared materials other than
metal and plastic fabrication from raw materials. Processes in this
category of manufacturing and assembly do not emit detectable dust,
odor, smoke, gas or fumes beyond the property lines of the lot or
tract upon which the use is located and do not generate noise or vibration
beyond the ambient frequency or pressure detectible to occupants of
abutting properties. The use may contain a retail storefront for sale
of goods produced on the premises.
Light Pollution
Any adverse effect of artificial light including, but not
limited to, Glare, Light Trespass, skyglow, energy waste, compromised
safety and security, and impacts on the nocturnal environment.
Light Trespass
Light emitted from fixtures designed or installed in a manner
that unreasonably causes light to fall on a property other than the
one where the light is installed, in a motor vehicle drivers’
eyes, or upwards toward the sky.
Lighting
Any source of light that does not include natural light emitted
from celestial objects or fire. The term includes any type of lighting,
fixed or movable, designed or used for outdoor illumination of buildings
or homes, including lighting for billboards, streetlights, canopies,
gasoline station islands, searchlights used for advertising purposes,
externally or internally illuminated on- or off-premises advertising
signs, and area-type lighting. The term includes luminous elements
or lighting attached to structures, poles, the earth, or any other
location.
Lighting Equipment
Equipment specifically intended to provide gas or electric
illumination, including but not limited to Lamp(s), luminaire(s),
ballast(s), poles, posts, lens(s), and related structures, electrical
wiring, and other necessary or auxiliary components.
Lighting Repairs
For the purposes of lighting, the reconstruction or renewal
of any part of an existing luminaire for the purpose of its ongoing
operation, other than relamping or replacement of components including
capacitor, ballast or photocell. Note that retrofitting a luminaire
with new lamp and/or ballast technology is not considered a repair
and for the purposes of these regulations the luminaire shall be treated
as if new. "Repair" does not include normal relamping or replacement
of components including capacitor, ballast or photocell.
Local Health Department
Means only the City health department if a proposed subdivision
is wholly inside the City’s territorial jurisdiction, means
only the county health department if such subdivision is wholly inside
the City’s extraterritorial jurisdiction, or means both the
City health department and the county health department if such subdivision
is partly inside the City’s territorial jurisdiction.
Lot
The term "lot" shall include the terms "parcel," "piece,"
and "plot." This term includes individual units within a condominium
regime, commonly called a unit envelope.
Lot Area
The total horizontal area within the lot lines of a lot,
said area to be exclusive of street right-of-way.
Lot Depth
The horizontal distance from the midpoint of the rear of
lot line to the midpoint of the front lot line.
Lot Frontage
That portion of a lot adjacent to a street (for required
width at building line, see Lot Width)
Lot Line
A boundary of a lot. "Lot line" is synonymous with "property
line."
Lot Line, Front
The lot line separating the lot from the street other than
an alley. In the case of a corner lot, there shall only be one street
line considered the front lot line. The front lot line adjoins the
public or private rights-of-way where the entrance/address is located.
Lot Line, Rear
A lot line which is opposite and most distant from the front
lot line, and in the case of an irregular, triangular, or other shaped
lot, a line 10 feet in length within the lot parallel to and at a
maximum distance from the front lot line.
Lot of Record
An individual lot or a lot which is a part of a subdivision,
the map of which has been legally recorded in the office of the Travis
County Clerk; or a parcel of land the deed of which has been recorded
in the office of the Travis County Clerk.
Figure 8.3.5-1: Lot Width Measurements
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Lot Width
The horizontal distance between the side lines, measured
at the front property line adjacent to the public right-of-way. The
lot width for a corner lot shall be measured along the right-of-way
upon which the address is assigned. The flagpole portion of a flag
lot shall be ignored in measuring lot width (see right).
Lot, Corner
A lot abutting the intersection of two or more streets other
than an alley.
Lot, Double Frontage
A lot having frontage on two nonintersecting streets, as
distinguished from a corner lot.
Lot, Flag
Any lot without standard legal access to a City street, and
that is provided with access by a driveway parallel to the lot line
of a lot having standard access to a public right-of-way.
Lot, Gross Area
An area under public or private property ownership, whose
lot lines are described by plat or deed.
Low Voltage Landscape Lighting
Landscape lighting powered at less than 15 volts and limited
to luminaires having a rated initial luminaire lumen output of 525
lumens or less.
Lumen
The unit of measure used to quantify the amount of light
produced by a lamp or emitted from a luminaire (as distinct from "watt",
a measure of power consumption).
Luminaire
The complete lighting unit (fixture), consisting of a lamp,
or lamps and ballast(s) (when applicable), together with the parts
designed to distribute the light (reflector, lens, diffuser), to position
and protect the lamps, and to connect the lamps to the power supply.
Luminaire Lumens
For luminaires with relative photometry per IES, it is calculated
as the sum of the initial lamp lumens for all lamps within an individual
luminaire, multiplied by the luminaire efficiency. If the efficiency
is not known for a residential luminaire, assume 70%. For luminaires
with absolute photometry per IES LM-79, it is the total luminaire
lumens. The lumen rating of a luminaire assumes the lamp or luminaire
is new and has not depreciated in light output.
Lux
The Standard International Unit of Illuminance. One lux is
one lumen per square meter. 1 Lux is a unit of incident illuminance
approximately equal to 1/10 footcandle.
(Ordinance 475 adopted 6/28/22)
Maintenance Bond
A bond executed by a corporate surety approved by the City
based on the cost of Public Facilities that will guarantee maintenance
for at least two (2) years before the City takes over maintenance
responsibility of the improvements.
Manual On Uniform Traffic Control Devices
The Manual on Uniform Traffic Control Devices, or MUTCD defines
the standards used by road managers nationwide to install and maintain
traffic control devices on all public streets, highways, bikeways,
and private streets open to public traffic. The MUTCD is published
by the Federal Highway Administration (FHWA) under 23 Code of Federal
Regulations (CFR), Part 655, Subpart F.
Manufactured Housing
Prefabricated housing product that is typically manufactured
or assembled at a location other than the end user’s permanent
site, and that are regulated by the Texas Manufactured Housing Standards
Act (Article 5221f and 5221f-1, V.A.C.S.) and the Texas Occupations
Code Chapter 1202, Industrialized Housing and Buildings. For the purpose
of this Ordinance, there are three types of manufactured homes:
A.
Mobile Home —
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A mobile home is any manufactured home structure that was constructed
before June 15, 1976 on a permanent chassis and designed for use as
a dwelling with or without a permanent foundation when the structure
is connected to the required utilities; and
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Transportable in one or more sections and, when in the travelling
mode, measures at least eight (8) body feet in width or at least forty
(40) body feet in length or, when erected on site, at least three
hundred twenty (320) square feet; and
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Includes the plumbing, heating, air conditioning, and electrical
systems of the home.
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B.
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A HUD-Code Manufactured Home is any manufactured home constructed
on or after June 15, 1976, according to the rules of the United States
Department of Housing and Urban Development, is built on a permanent
chassis and is designed for use as a dwelling with or without a permanent
foundation when the structure is connected to the required utilities;
and
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Transportable in one or more sections and, when in the travelling
mode, measures at least eight (8) body feet in width or at least forty
(40) body feet in length or, when erected on site, at least three
hundred twenty (320) square feet; and
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Includes the plumbing, heating, air conditioning, and electrical
systems of the home.
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This definition excludes recreational vehicle.
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C.
Modular Home —
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Modular Homes are regulated the same as a traditional home.
Industrialized homes must meet all applicable local codes and zoning
regulations that pertain to construction of traditional site constructed
("stick built") homes.
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As governed by the definition within the Texas Manufactured
Housing Standards Act (Article 5221f-1), a structure or building module
that is transportable in one or more sections on a temporary chassis
or other conveyance device, and that is designed to be installed and
used by a consumer as a permanent residence on a permanent foundation
system. The term includes the plumbing, heating, air-conditioning
and electrical systems contained in the structure. The term does not
include a Mobile Home or Manufactured Home as defined in the Texas
Manufactured Housing Standards Act (Article 5221f, V.A.C.S.).
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Masonry
The use of one or more of the following materials on the
facade of a building:
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Limestone or Granite;
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Other stone not including smooth-faced concrete masonry unit
(split-faced CMU is acceptable), where color is infused into the material
and is not applied or painted;
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Brick;
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True stucco using a three (3) step process over a metal lathe
(not EIFS);
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Adobe;
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Cementitious fiberboard (often called Hardee plank or board).
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MASONRY ALTERNATIVES — The use of one or more of the following
materials on the facade of a building:
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Split-faced CMU block, where color is infused into the material
and is not applied or painted;
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Formed-in-place concrete or concrete tilt-wall panel, with patterning
or staining where color is infused into the material and is not applied
or painted;
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Architectural metal panel of sufficient gauge to be resistant
to warping, bowing, or sustaining damage from hail, wind, or minor
wind-borne objects, and finished to be weather-resistant (the panel
may have a weathered appearance or surface patina but must be finished
to prevent degradation and to avoid structural issues within the panel);
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Reclaimed or native wood panel which may have an unfinished
or untreated appearance if maintained to prevent degradation or continued
weathering;
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Glass curtain wall extending from ground level to at least the
height of the first floor conditioned space.
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Medical Laboratory
An indoor establishment primarily engaged in providing analytic
or diagnostic services, including body fluid analysis and diagnostic
imaging, generally to the medical professional or to the patient on
referral from a health practitioner.
Mini-Storage
Rentable facilities or units intended for the secured storage
of personal goods and items. May include accessory uses such as specialty
retail related to moving and storage.
Mixed-Use
The integration of uses from different categories, most commonly
commercial and residential uses, with commercial uses facing and having
direct access from a street with residential units directly above.
This definition refers to "vertical" mixed use with uses occupying
different levels of a single building or structure and does not refer
to "horizontal" mixed use where one or more distinct uses occupy the
same building or development but are of the same general category
(i.e., retail and pharmacy) are occupied by the same user performing
work that is of different occupational classifications (i.e., office-warehouse)
or uses that are separated on the ground by a property line and a
common fence or street (i.e., commercial and multi-family on separate
lots).
Motorized Vehicle Sales
The sale of vehicles powered by an internal combustion engine,
electric motor, or combination, or trailers designed to be pulled
by such vehicles, including RVs, boats, ATVs, farm equipment, non-combination
trucks, and other vehicles not including automobiles, light trucks
(under 16,000 pounds GVWR) and semi-tractors and semi-trailers.
(Ordinance 475 adopted 6/28/22)
Net Area
Means the total horizontal area within the boundaries of
a parcel, excluding from such parcel all public rights-of-way, private
street rights-of-way, private street right-of-way easements, waterway
rights-of-way, waterway easements, and driveway easements.
New Lighting
Lighting for areas not previously illuminated; newly installed
lighting of any type except for replacement lighting or lighting repairs.
Nit
A measure of luminance with 1 nit equal to 1 candela per
square meter (1cd/m2). An ordinary wax
candle generates approximately one candela of luminance.
Non-Depository Lender/Credit Access Business
Any check cashing business, payday advance/loan business,
car title or credit access business including such businesses leasing
space within another business to perform such functions, as further
defined herein. This definition excludes: a state or federally chartered
bank, savings and loan association or credit unit; and a convenience
store, supermarket or other retail establishment directly providing
such services where consumer retail sales constitute at least 75%
of the total gross revenue generated on site. A payday lending establishment
makes small consumer loans, usually backed by a postdated check or
authorization to make an electronic debit against an existing financial
account, where the check or debit is held for an agreed-upon term,
or until a customer’s next payday, and then cashed unless the
customer repays the loan to reclaim such person’s check; and
such establishments may charge a flat fee or other service charge
and/or fee or interest rate based on the size of the loan amount.
See also Texas Finance Code Chapter 393, as amended.
Non-Profit Organization
Offices of a non-profit organization including a religious
organization, unless secondary to other defined uses such as a Hospital,
Orphanage, or Place of Worship.
Notarizing Officer
Any person qualified to take acknowledgments or proofs of
written instruments for record pursuant to Vernon’s Ann. Civ.
St. art. 6602, including but not limited to a notary public, a clerk
of a state district court, or a judge or clerk of a county court in
the state.
Nuisance
A use or operation that produces noise, vibration, Glare,
emissions, or other harmful effect upon neighboring properties in
excess of the limits allowed.
(Ordinance 475 adopted 6/28/22)
Occupied
The term "used" or "occupied" shall include the term "arranged,"
"designed," "intended," "maintained," "occupied," or "used."
Off-Site
Located outside the boundary of a Development.
Office or Studio, Live-Work
A General Office space or Artisan Studio or similar non-retail
or service use directly connected to a dwelling unit. This definition
does not include Home Occupation, a business conducted within a dwelling
unit.
Office, General
A building or area of a building designed for routine office
functions such as accounting, business, administration, medical, professional,
or other similar uses. May be combined with other uses such as Light
Manufacturing and Assembly and Hospital if such uses are properly
permitted.
Office, Medical
Offices for healthcare uses that are appointment-based with
a practice of scheduling appointments so that arrival times of clients/patients
are likely to overlap.
Official Vesting Date
The date the applicant submits an application for Review
of Administrative Completeness for a permit related to Development
or Subdivision.
Official Zoning Map
The zoning map adopted by City Council as the official and definitive map of zoning districts within the City Limits (see Section
3.1.5).
On-Site
A building, parking lot, use, or feature located within the
boundary of a development or property and having direct access to
an associated building or use without the need to traverse another
property, right-of-way, or unrelated area.
Ornamental Lighting
Lighting that does not impact the function and safety of
an area but is purely decorative, or used to illuminate architecture
and/or landscaping, and installed for aesthetic effect.
Ornamental Street Lighting
A luminaire intended for illuminating streets that serves
a decorative function in addition to providing optics that effectively
deliver street lighting. It has a historical period appearance or
decorative appearance, and has the following design characteristics:
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Designed to mount on a pole using an arm, pendant, or vertical
tenon;
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Opaque or translucent top or sides;
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An optical aperture that is either open or enclosed with a flat,
sag or drop lens;
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Mounted in a fixed position; and
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With its photometric output measured using Type C photometry
per IESNA LM-75-01.
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Outdoor Lighting
Lighting equipment installed within the property line and
outside the building envelopes, whether attached to poles, building
structures, the earth, or any other location; and any associated lighting
control equipment.
Outside Display
The temporary outside display of finished goods for retail
purposes. Finished goods are specifically intended for immediate retail
sales and are not intended nor used as an area for the continuous
keeping or storage (i.e., Outside Storage) of such finished goods.
Examples of outside display include the display of grills, deer feeders,
patio furniture, lawn mowers, flowers, pumpkins, Christmas trees,
and clothing. (See Section
3.4.8.B.13.)
Outside Storage
The storing of products, goods, materials, equipment, or
other articles outside of a building for more than twenty-four (24)
hours. (See Section
3.4.8.B.14.)
Owner
The owner of a tract of land as recorded in the Travis County
Deed Records. An owner may include: a person, firm, corporation, partnership
or agent, attorney-in-fact, manager or Director, or Subdivider. Such
term as used in this chapter always includes one or more of the persons
enumerated in this section who own all or any part of the land which
is contemplated to be developed.
Owner-Occupied
A lot or structure that is occupied by the legal owner of
record or, where there is a recorded land sales contract in effect,
the purchaser thereunder.
(Ordinance 475 adopted 6/28/22)
Parcel
Means a lot, undivided block, or reserve area.
Park, Private
An open space accessible only certain individuals such as
members of a Property Owners’ Association that is either undeveloped,
preserved in a natural state, or developed with structures such as
benches, picnic tables, pavilions, playgrounds, ponds, walking paths,
swimming pools, sport courts, or other similar features.
Park, Public
An open space accessible to the general public that is either
undeveloped, preserved in a natural state, or developed with structures
such as benches, picnic tables, pavilions, playgrounds, ponds, walking
paths, or other similar features.
Partly Shielded Luminaire
A luminaire with opaque top and translucent or perforated
sides, designed to emit most light downward.
Patio Homes
A type of Low- to Medium-Density Residential development
consisting of detached single-family or duplex units in which most,
or all, of the space between units or buildings consists of open space
or common area, the units are buildings may be separated by the minimum
distance allowed under the Building Code, and the front of homes may
face an open space rather than a street or driveway.
Pawnshop
An establishment where money is loaned on the security of
personal property pledged in the keeping of the owners. Retail sales
of primarily used items is also allowed, provided that the sale of
such items complies with local, State and Federal regulations.
Pedestrian Path
A graded, cleared way for individuals who travel on foot.
When located along any improved street or parking area, these paths
shall be adjacent to the curb at curb level.
Permitted Use
A use allowed as a matter of right, and subject to the restrictions
of the zoning district applicable to the property according to the
Official Zoning Map.
Permittee
A landowner or land user who is undertaking land development
activities pursuant to a permit granted according to the provisions
of this UDC.
Person
The term "person" shall include a natural person; a firm,
association, organization, partnership, trust, foundation, company,
or corporation; a nonprofit group; or an elected or appointed body;
his, its, or their successors, assigns, heirs, executors, or administrators;
or the agent of any of such.
Personal Services
A category of uses involving services rendered to an individual
person, including Barber or Beauty Shop and other personal grooming
services, licensed massage parlors, acupuncture, chiropractic services,
physical training or weight reduction, or similar services which may
require an advance appointment, where no medical treatment is received,
that do not include ancillary Retail Sales that exceed 10% of Gross
Floor Area, and that do not meet the definition of Tattoo or Body
Piercing Studio or Sexually-Oriented Business.
Can also mean a category of uses involving services rendered
on an individual basis primarily at the location and involving primarily
personal goods and services by a person specializing in a trade, such
as dry cleaners, tailoring, shoe repair, jewelry repair, or other
similar services that do not cause a nuisance to abutting properties
and are not defined elsewhere in this UDC.
Pet Adoption Center
A facility that takes in and cares for unadopted or abandoned
animals until they are adopted or fostered. Does not include Pet Store.
Pet Store
A retail establishment that sells products used for the care
of household pets, such as bedding, houses, tanks, enclosures, food,
and other basic supplies. May include pet grooming and training services
as an accessory indoor use. This definition does not include permanent
Pet Adoption Center or facilities that breed or shelter pets for sale
or that board pets for longer than 24 hours.
Pharmacy
A commercial building or area of a building used for storing,
mixing, compounding, and dispensing prescription drugs under the supervision
of a licensed pharmacist using various controlled substances in accordance
with State Law. May be combined with other uses such as Retail or
Grocery.
Photoelectric Switch
A control device employing a photocell or photodiode to detect
daylight and automatically switch lights off when sufficient daylight
is available.
Place of Worship
Includes sanctuaries, auditoriums, prayer rooms, gardens,
classrooms, fellowship halls, convents, offices of priests, rabbis,
pastors, ministers, imams, and other uses associated with a church,
synagogue, mosque, or temple, but not including Day Care, Adult or
Day Care, Child.
Plat, Amending
A minor revision or modification of a recorded Plat that does not change or create new lot boundaries (see Section
2.3.9).
Plat, Final
The legal record of land, including a Subdivision, prepared from actual field measurements and staking of identifiable points by a Licensed Surveyor to a location referenced to a survey corner. The Final Plat describes all boundaries, corners, and curves with enough detail that a Licensed Surveyor or Engineer can reproduce them without additional references. The Final Plat also establishes and records lots, right-of-way, and easements (see Section
2.3.5).
Plat, Preliminary
A scaled planning document that lays out the boundary, streets, lots, topography, and Public Facilities in a proposed Subdivision and that provides the City with a basis for reviewing Subdivision-Related Plans and the Final Plat (see Section
2.3.4).
Plat, Replat
A revision to a recorded Subdivision that revises or creates new lots, dedicates right-of-way or easements or reflects abandonment of the same (see Section
2.3.8).
Plat, Short Form
A Final Plat of five (5) or more lots that does not require the construction or extension of Public Facilities (see Section
2.3.6).
Potable Water Retailer
Means a public or private entity that:
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For remuneration provides running water for drinking purposes
directly to at least 15 permanent connections for final users on land
not owned by such retailer;
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Is on the list of water supply systems to be routinely inspected
by the state department of health; and
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Is the subject of neither a compliance schedule nor a recommendation
for litigation issued by such department.
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Principal Building
The primary Building on a lot or property or the Building
containing the Principal Use.
Private Club
An establishment providing social or dining facilities which
may provide alcoholic beverage service, to an association of persons,
and otherwise falling within the definition of, and permitted under
the provisions of State Law and the Texas Alcoholic Beverage Commission
(TABC) as the same may be hereafter amended.
Private Covenants or Restrictions
Documents filed with the County that legally bind owners
of properties within a Subdivision or development to a list of rules
and restrictions regarding the use and maintenance of those properties.
The City cannot legally enforce Private Covenants and Restrictions.
Private Facilities
Any facility, infrastructure, improvement, device, or utility
connected directly or indirectly to a Public Facility. A Private Facility
may be, but is not limited to, streets; sidewalks and paths; parks;
drainage infrastructure; water lines and treatment facilities; wastewater
lines and treatment facilities; electrical lines, transformers, poles,
and junctions; gas lines; cables and fiber optic lines; cellular infrastructure.
Private Street
A street built to the specifications of the City, but privately
owned and maintained by either a single property owner or a property
or homeowners’ association.
Private Tutoring or Focused Instruction
Education that is typically in addition to or supplementary
to K-12 School, is focused on enhancing proficiency in a particular
subject, is conducted outside of school hours on an appointment basis,
and consists of one on one instruction or in small groups.
Professional and Business Services
A business that supports other individuals, businesses, and
professions by the offering of one or more specialized or customized
services on a contractual basis that may include printing and copying
services, including tax support; travel agency; screen printing and
3-D printing and prototyping; computer and networking support; data
storage; air quality testing; sign printing or fabrication; or other
similar services that are rendered on a contractual basis, are conducted
entirely indoors and involve no outside storage of products or materials,
create no nuisances, and do not fall under the definition of Office,
General or Light Manufacturing and Assembly.
Professional Engineer
An individual with a post-secondary degree in engineering
and is a certified professional engineer by the Texas Board of Professional
Engineers and Land Surveyors.
Progress Towards Completion
Any of the following activities that, individually or in
combination, may extend the validity of a Plat or Permit associated
with a property if the owner of the property or the Subdivider produces
demonstrable evidence that the activity has or is taking place:
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An application for a Final Plat or Plan is submitted to the
City;
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A good-faith attempt is made to file with the City an application
for a Permit necessary to begin or continue towards completion of
the project;
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The property owner or Subdivider incurs costs for developing
the project including, without limitation, costs associated with roadway,
utility, and other infrastructure facilities designed to serve, in
whole or in part, the project or Subdivision (exclusive of land acquisition)
in the aggregate amount of five percent (5%) of the most recent appraised
market value of the real property on which the project or Subdivision
is located;
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Fiscal Security is posted with the City to ensure performance
of an obligation required by the City; or
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Utility connection fees or impact fees for the project have
been paid to the City.
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Proof of Ownership
For the purposes of submitting an application for Development,
a deed, title commitment, contract for sale, or tax receipt.
Property Owners' Association
A non-profit association whose dues are paid by property
owners within a defined Subdivision or Condominium who have voluntarily
subjected themselves to the regulations and covenants of the Association,
and who also jointly own, manage, or oversee the management of common
property and, through an elected or appointed board, manage and enforce
the restrictive covenants applicable to the Subdivision or Condominium.
Also known as a Homeowners’ Association or Condo Association.
Public Entrance
An unrestricted access point to a building that remains open
during posted business hours, typically marked with signage, with
access from a sidewalk.
Public Facilities
Any facility, infrastructure, improvement, device, or utility
dedicated to public use. A Public Facility may be owned by the City
or a utility provider and includes, but is not limited to, streets;
sidewalks and paths; parks; drainage infrastructure; water lines and
treatment facilities; wastewater lines and treatment facilities; electrical
lines, transformers, poles, and junctions; gas lines; cable and fiber
optic lines; cellular infrastructure.
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)
Quick Lube
A business specializing in the maintenance of automobiles
and light trucks (under 16,000 pounds GVWR) that offers services such
as fluid and filter changes, state inspection, tire rotation and alignment,
fuel additives, tune ups, and other processes that do not involve
the removal, repair, or rebuilding of major components listed under
Auto/Vehicle Repair. Quick Lube may be a standalone use or combined
with other uses such as Auto/Vehicle Repair and Gas Station, provided
those other uses are properly permitted.
(Ordinance 475 adopted 6/28/22)
Recreation and Entertainment Uses (Indoors)
Includes uses where recreation and entertainment occurs as
a principal and permanent basis and that are conducted indoors, such
as Amusements (Indoors); Golf Course (miniature); Live Music Venue
(indoor, amplified or unamplified); Theater, Motion Picture; Shooting
Range, Indoor; Stadium, Play Field, or Sports Court (indoor); Theater,
Performing Arts (indoor).
Recreation and Entertainment Uses (Outdoors)
Incudes uses where recreation or entertainment occurs as
a principal use and that are conducted outdoors, such as Amusement
(Outdoors); Theater (outdoor), Performing Arts; Theater, Motion Picture
(Drive-In); Stadium, Play Field, or Sports Court (outdoor).
Redevelopment
Development on a tract of land with existing structures where all or a majority of the existing structures would be razed and a new structure or structures built. This specifically includes land disturbing activities on a tract of land with existing impervious cover as described in Article
7 (Section
7.3.2.D) where none, a portion, or all of the existing impervious cover is removed, modified, and reused in conjunction with new improvements on the tract of land.
Relative Photometry
Photometric measurements made of the lamp plus luminaire
and adjusted to allow for light loss due to reflection or absorption
within the luminaire. Reference standard: IES LM-63.
Relocatable Educational Facility
An industrialized building, as defined by Section 1202.003(a),
Texas Occupations Code, that is used primarily as an education facility
for teaching the curriculum required under Section 28.002, Texas Education
Code.
Replacement Lighting
Lighting installed specifically to replace existing lighting
that is sufficiently broken to be beyond repair.
Replat
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area
reserved thereon for public use or any lot line or if it affects any
map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
Residential, High-Density
Residential development of more than twelve (12) units to
the acre, typically medium to large apartment complexes and Mixed-Use
developments.
Residential, Low-Density
Residential development of five (5) units to the acre or
less, typically Single-Family Residential or Duplex, but may also
refer to Townhomes, Patio Homes, and Innovative Residential Developments.
Residential, Medium-Density
Residential development of six (6) to twelve (12) units to
the acre, typically Townhomes, Patio Homes, Multi-Plexes with three
(3) to eight (8) units, and smaller or lower-intensity apartment developments.
Resource Extraction
The mining of earth for minerals, gravel, sand, or other
resources not including oil or natural gas.
Restaurant (Sit-Down and Takeout)
An eating establishment where customers are primarily served
at tables or are self served, where food is consumed on the premises.
It may include facilities where takeout customers park their vehicles
and go inside to pick up their takeout order. To qualify as a restaurant
under this definition, an establishment must utilize a full kitchen,
refrigerator, oven with hood (unless this requirement is waived by
the Building Official) and must be able to produce receipts showing
that at least twenty-five percent (25%) of total revenue is generated
by the sale of food. This definition does not include a drive-through
ordering system nor a drive-through window, nor service to customers
in their vehicles.
Restaurant Patio
An outdoor space connected to a restaurant where food is
served from the restaurant to customers and eaten on the premises.
A Restaurant Patio may be fully enclosed and connected to the restaurant
or, where permitted by the City, occupy a portion of a public sidewalk
adjacent to the restaurant, but leaving a minimum of four (4) feet
of clear space for pedestrians utilizing the sidewalk.
Retail Sales
A retailer that operates in a space that is 100,000 square
feet or less and sells primarily tangible goods or products in a packaged
or finished state to an end user for final use or consumption. May
include services related to or incidental to the retail use.
Retail Store, "Big Box"
A retailer that operates in a space that is greater than
100,000 square feet, often selling a wide variety of goods including
durable household goods, clothing, books, lawn and garden, automotive
care, toys, groceries, and other similar goods. May be combined with
specialized services or uses in the same building such as Pharmacy,
Clinic (Specialty Outpatient), Pharmacy, Professional and Business
Services, Quick Lube, and Restaurant (Sit-Down and Takeout).
Rv Park
A parcel of land not less than three (3) acres nor greater
than thirty-five (35) acres which is designed, improved, or intended
to be used for short- or long-term occupancy by mobile homes/trailers
or recreational vehicles, including travel trailers, in designated
spaces. The facility may include a residence for the owner or manager
of the premises, utility hookups, accessory structures, playgrounds
and open space areas, fenced yard areas for pets, and other similar
amenities.
(Ordinance 475 adopted 6/28/22)
Security Quarters
A Dwelling Unit adjacent to or integrated with a commercial
building or development that are inhabited full-time by a guard, officer,
or caretaker and that allow him or her to remain on site and available
to monitor or respond 24 hours per day.
Service Drive
A driveway with direct access to a street but that primarily
designed to provide access to service or loading areas behind a building
and not serving as an access point for the general public to the property
or development.
Setback
The minimum distance between by which any building or structure
must be separated from a street right-of-way or lot line.
Sexually-Oriented Business
A sex parlor, nude studio, modeling studio, love parlor,
adult bookstore, adult movie theater, adult video arcade, adult movie
arcade, adult video store, adult motel, or other commercial enterprise
the primary business of which is the offering of a service or the
selling, renting, or exhibiting of devices or any other items intended
to provide sexual stimulation or sexual gratification to the customer
(see Section 6.5 and TLGC Section 243.002).
Shall
The term "shall" is mandatory and not discretionary; the
term "may" is permissive.
Shielded Directional Luminaire
A luminaire that includes an adjustable mounting device allowing
aiming in any direction and contains a shield, louver, or baffle to
reduce direct view of the lamp.
Shooting Range, Indoor
A facility for shooting at targets with rifles, pistols,
shotguns, or other weapons for the purpose of target practice or temporary
competition.
Shooting Range, Outdoor
The use of land for archery or discharging firearms for the
purpose of target practice or temporary competition.
Shopping Center, Neighborhood
A group of buildings within a single coordinated development
having no anchor or that is anchored by a business or store having
up to 100,000 square feet of gross lease space and that provides multiple
secondary lease spaces designed to support commercial or retail uses
generally oriented toward shoppers within an 10-15 minute drive or
walk and relying largely on traffic from inside the City.
Shopping Center, Regional
A group of buildings within a single coordinated development
anchored by one or more businesses or stores having greater than 100,000
square feet of gross lease space and that provides a wide range of
secondary and tertiary lease spaces often oriented toward surface
parking and large, regional thoroughfares for visibility to motorists.
Businesses within a regional shopping center are generally oriented
towards shoppers within a 15-30 minute drive and relying on traffic
from outside the City.
Shrub
A woody plant with multiple trunks or stems that usually
remains low to the ground and produces shoots or trucks [trunks] from
its base. See Approved Plant List maintained by Planning Director.
Single-Family Residential or Single-Family Residence
Residential development consisting of no more than two (2)
units on one lot where each unit is offered for sale or lease. Includes
Detached Single-Family, Duplex, Patio Homes on individual lots, and
Townhomes.
Sky Glow
The brightening of the nighttime sky that results from scattering
and reflection of artificial light by moisture and dust particles
in the atmosphere. Skyglow is caused by light directed or reflected
upwards or sideways and reduces one’s ability to view the night
sky.
Small Wind Energy Systems
A wind energy conversion system consisting of a wind turbine,
a tower or support structure, and associated control or conversion
electronics, which has a rated capacity of not more than 100 kW which
be used primarily for onsite consumption.
Special Events Center
A property offering indoor or leasable space with features
and facilities, such as a stage and warming kitchen, for private events
such as wedding receptions, reunions, awards banquets, bar mitzvahs,
quinceaneras, and similar events and in which the serving of alcohol
is limited to the attendees of the event.
Specific Use Permit
A use that is not automatically permitted by right, but that
may be permitted within a zoning district subject to meeting specific
conditions contained in this UDC.
Stable, Boarding
A structure and associated open pasture where horses are
quartered for a fee.
Stable, Commercial
A structure and associated open pasture or riding area where
horses are quartered or accommodated for the purpose riding or training
by the general public.
Stable, Private Use
A structure and associated open pasture where horses, sheep,
goats, or other grazing animals are quartered for private use.
Stadium, Play Field, or Sports Court
An athletic field or stadium where sports or games are conducted
either with or without spectators and which may include ancillary
uses such as locker rooms, storage buildings, concessions stands,
and ticket booths.
Start of Construction
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348), includes
substantial improvement and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation.
Stream
Linear geographic feature that conveys flowing waters. Headwater
streams are the uppermost, low-order streams of a watershed and comprise
the majority of streams in the United States, both in terms of number
and length. Streams can be perennial, intermittent, or ephemeral.
Street
A public right-of-way for roadway, sidewalk, and utility
installation including the terms "road," "highway," "land," "place,"
"avenue," "alley," or other similar designations. The entire width
between the right-of-way lines of every way which provides for public
use for the purpose of vehicular and pedestrian traffic.
Street, Private
Means a vehicular accessway meeting all criteria required for a Public Street in the City’s Technical Manual and in Section
2.5.9, including paving, width, sidewalks, and drainage facilities, but within a dedicated lot on a Final Plat under private ownership and maintenance by an entity such as a Property Owners’ Association.
Street, Public
Means a vehicular accessway built and maintained within a public right-of-way that has been dedicated to or acquired by the City, and which provides vehicular access to abutting properties (see Section
2.5.9).
Structure
An edifice of any kind or any piece of work artificially
built up or composed of parts joined together which requires location
on, in, or above the ground or which is attached to something having
a location on, in or above the ground. Flatwork or in-ground swimming
pools are excluded.
Structure[,] Accessory
Any structure on the same lot with and that is incidental
and subordinate to the principal structure. Flatwork, in-ground swimming
pools and fences or walls used as fences are excluded.
Structure, Principal
The structure in which the principal permitted use of the
lot on which the structure is located is conducted.
Subdivision
The division or redivision of any tract of land situated
within the city’s city limits or its ETJ into two or more parts,
lots, units, or sites, for the purpose, whether immediate or future,
of sale, division of ownership, or building development. The term
includes resubdivisions of land, lots, or units which are part of
a previously recorded subdivision. A condominium development can be
a subdivision. In other jurisdictions, the term may be referred to
as an "addition."
(Ordinance 475 adopted 6/28/22)
Tattoo or Body Piercing Studio –
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Tattoo Studio — A studio regulated by the Texas Department
of Health and Human Services wherein a licensed individual produces
an indelible mark or figure on the human body by scarring or inserting
pigments under the skin using needles, scalpels, or other related
equipment.
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Body Piercing Studio — A studio regulated by the Texas
Department of Health and Human Services wherein a licensed individual
creates an opening in a person’s body, other than the individual’s
earlobe, to insert jewelry or another decoration.
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Tax Collector
An officer or employee who bears the ultimate responsibility
for mailing the tax statements and/or notices of delinquency for one
or more taxing units.
Taxes Owed
Means:
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All current ad valorem taxes for which tax statements have been
issued;
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All delinquent ad valorem taxes; and
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All penalties and interest which have accrued.
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Taxi Service, Garage or Dispatch
A for-profit business that employs a fleet of vehicles owned
by the business and dispatched from a central location or garage to
provide on-demand transportation to individuals or groups.
Taxi Service, Independent
An individual operating a personal vehicle and functioning
as an independent contractor to a ride-hailing service such as Lyft
or Uber.
Taxing Unit
Means the county, an incorporated city or town including
a home-rule city, a school district, a special district or authority,
or any other political unit of this state, whether created by or pursuant
to the constitution or a local, special, or general law, that is authorized
to impose and is imposing ad valorem taxes on property.
Technical Manual
A manual pertaining to the technical and design requirements
of this UDC.
Temporary Lighting
Lighting installed and operated for periods not to exceed
60 days, completely removed and not operated again for at least 30
days.
Temporary Relocatable Educational Facility
A Relocatable Educational Facility used in connection with
an existing permanent private school facility, or on a Lake Travis
Independent School District public school campus, for temporary use
as an educational facility for teaching the curriculum required under
Section 28.002, Texas Education Code. Temporary permits for a specific
time and location may be issued by the Building Official and shall
be subject to review and renewal for reasonable cause.
Theater, Motion Picture
An indoor venue not defined as Adult Theater where motion
pictures are projected onto a screen for an audience and which may
include ancillary uses such as Restaurant (Sit-Down and Takeout) and
Alcoholic Beverage Sales, On-Premises Consumption.
Theater, Motion Picture (Drive-In)
An outdoor venue where motion pictures are projected onto
a screen for viewing from vehicles parked in designated spaces and
which may include ancillary uses such as concessions, Restaurant (Sit-Down
and Takeout), and Alcoholic Beverage Sales, On-Premises Consumption.
Theater, Performing Arts
A venue equipped with an auditorium with terraced seating
and a stage with sufficient area for live performances of ballet,
opera, orchestral concerts, plays, stand-up acts, and other performances
available to the general public but requiring advance purchase of
tickets to obtain entry. May include secondary uses such as an orchestra
pit, staging area, and loading docks.
Thoroughfare Plan
The thoroughfare component of the Mobility Plan, the official
map depicting the City’s existing and future street system and
roadway network, together with explanatory text.
Time Switch
An automatic lighting control device that switches lights
according to time of day.
Title Transfer
Means documents such that:
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The documents entitle the grantee to immediate occupancy of
the subject property;
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The documents provide that the grantee shall automatically become
the owner of record for the subject property at such time as the grantee
shall have satisfied all of the terms of the documents and satisfied
the filing requirements of the county clerk; and
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At the time of execution or within 30 days thereafter, the documents
or copies thereof are given by the grantor to either the grantee or
the county clerk.
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Tool and Equipment Rental
A business that rents equipment on a daily or weekly basis
for a fee, equipment meaning any machine or device that does not require
specialized training or licensing to operate and that can be transported
by a vehicle not requiring a Texas CDL to operate, such as a semi-tractor.
Topography
The physical land surface relief describing the terrain elevation,
position of land features and slope. Topography includes landforms,
water and other drainage features, and features such as gravel pits.
A single feature such as a hillside or valley is called a topographic
feature.
Total Outdoor Light Output
The total amount of light, measured in lumens, from all outdoor
light fixtures within the illuminated area of a property. The lumen
value to be used in the calculation is the lumen value as defined
in this Ordinance. To get the total, add the lumen output attributed
to each light fixture.
Tower, Electric Transmission
A self-supporting structure in excess of 50 feet (15 meters)
in height designed to support high voltage electric lines. This does
not include local utility or distribution poles (with or without transformers)
designed to provide electric service to individual customers.
Townhouse
A type of High-Density Single-Family Residential with one
or more shared walls that sit on a shared property line between the
interior space of units.
Trade School
A degree, certificate, or credential-granting educational
institution, other than a College or University, or K-12 school (public
or private), that provides focused instruction related to one or more
professional trades.
Traffic Impact Analysis
Also referred to as a "TIA". A study typically conducted
prior to an application for Zoning Change or a Plat or Site Plan meeting
certain conditions which examines existing and projected traffic volumes
and makes recommendations on improvements to the roadway system.
Translucent
Allowing light to pass through, diffusing it so that objects
beyond cannot be seen clearly (not transparent or clear).
Tree, Large
A plant having at least one well-defined stem or trunk at
least three (3) inches in caliper and has a canopy that screens and
filters the sun. See the Approved Plant List maintained by Planning
Director.
Tree, Small
A smaller tree intended to provide aesthetic benefit rather
than significant shade. See the Approved Plant List maintained by
the Director of Planning.
(Ordinance 475 adopted 6/28/22)
Undeveloped Floodplain
Areas within the FEMA one-percent Annual Chance Floodplain
(a.k.a. 100-year floodplain), that are undeveloped and in their natural
state.
Uplight
Lighting that is directed in such a manner as to project
light rays above the horizontal plane running through the lowest point
on the fixture where light is emitted. For an exterior luminaire,
flux radiated in the hemisphere at or above the horizontal plane.
Use
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied;
or any activity, occupation, business or operation carried on, or
intended to be carried on, in a building or other structure or on
a tract of land.
Use Permit
The permit required before any use may be commenced.
Utilities and Infrastructure
Equipment, lines, structures, and appurtenances installed,
laid, or operated by a recognized utility provider under the jurisdiction
of the Public Utility Commission of Texas.
Utility District
Means any political subdivision of the state or county that:
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Is currently listed in the Texas Register of Water Districts,
published by the state department of water resources;
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Has conditional or unconditional authority to impose ad valorem
taxes on property;
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Schedules at least one regular meeting of its governing body
per month;
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Currently provides stormwater or groundwater drainage, irrigation
water, drinking water, sanitary sewage collection, or similar remunerative
services directly to at least 15 private customers on land not owned
by such district; and
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Is not a navigation district.
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(Ordinance 475 adopted 6/28/22)
Variance
A deviation from the specific terms of this UDC that will
not be contrary to public interest and is justified because, owing
to special conditions, a literal enforcement of this UDC’s provisions
will result in practical difficulties and/or hardship.
(Ordinance 475 adopted 6/28/22)
Warehousing
A commercial facility intended for the receiving and storage
of products and goods in their final assembled form that are then
shipped to other distribution facilities or directly to end users.
Winery
An establishment that produces wine for on or off site consumption
under a Winery Permit (G) and is regulated by the Texas Alcoholic
Beverage Commission and is accompanied by a tasting room or food service.
Wireless Communications Facility
Means any staffed or unstaffed facility for the transmission
and/or reception of radio frequency signals, or other wireless communications,
and usually consisting of an antenna or group of antennas, transmission
cables, and equipment enclosures, and may include an antenna-supporting
structure. The following developments shall be considered as a Wireless
Communication Facility: developments containing new or existing antenna-supporting
structure, public antenna-supporting structures, replacement antenna-supporting
structures, colocations on existing antenna-supporting structures,
attached wireless communications facilities, stealth wireless communication
facilities, temporary wireless communications facilities and satellite
earth stations.
(Ordinance 475 adopted 6/28/22)
Reserved.
(Ordinance 475 adopted 6/28/22)
Yard
A required open space located on the same lot as the principal
structure, unoccupied and unobstructed except for approved accessory
uses, approved parking, and landscaping.
Front Yard Setbacks
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Yard, Front
A yard extended across the full width of and situated between
the front lot line and the principal structure extending to the side
lot lines. In the case of a corner lot, the front yard adjoins the
public or private rights-of-way where the entrance/address is located.
Yard, Rear
A yard extended across the full width of and situated between
the rear lot line and the principal structure extending to the side
lot lines. In the case of a corner lot, the rear yard shall not extend
past the corner side yard.
Yard, Side
A yard extended across the full width of and situated between
the side lot line and the principal structure extending from the front
yard to the rear yard. In the case of a corner lot, the corner side
yard shall extend from the front yard to the rear lot line.
(Ordinance 475 adopted 6/28/22)
(Ordinance 475 adopted 6/28/22)