City of Buda, TX Zoning Use Regulations

	Agricultural (AG) District	Estate Residential (R-1) District	Suburban Residential (R-2) District	One & Two Family Residential (R-3) District	Transitional Residential (R-4) District	Urban Residential (R-5) District	Manufactured Housing (R-MH) District	Neighborhood Business (B-1) District	Arterial Business (B-2) District	Interstate-35 Business (B-3) District	Light Industrial (LI) District	Heavy Industrial (HI) District	Form District 1 (F1)	Form District 3 (F3)	Form District 3H (F3H)	Form District 4 (F4)	Form District 4H (F4H)	Form District 5 (F5)	Form District 5H (F5H)	*Parking Requirement (spaces: increment)**
Residential Uses
Community Home or Group Home	P-1	P-1	P-1	P-1	P-1	P-1	P-1													1:bedroom
Dwelling, Accessory	P-2	P-2	S-2	S-2	S-2	S-2								P-25	P-25	P-25	P-25	P-25	P-25	1: unit
Dwelling, Multi-Family (Apartment)						P										S-25		S-25	S-25	Studio \| 1: unit
Dwelling, Multiplex (3-Plex/4-Plex)				P	P									P-26	P-26	P-26	P-26	P-26		1-2 BR \| 2 : unit 3+ BR \| 0.5 : add’l BR over 2 Guest \| 1 : 10 units
Dwelling, Single Family (Attached - Duplex)				P	P	P								P-25	P-25	S-25	P-25			2: dwelling
Dwelling, Single Family (Attached - Townhouse)				P	P	P										P-25	P-25	P-25	P-25	2 : dwelling
Dwelling, Single Family (Detached)	P	P	P	P									P-25	P-25	P-25	P-25	P-25			2 : dwelling
Dwelling, Single Family (Patio Home)				P										P	P	P	P			2 : dwelling
Halfway House	P-3	P-3	P-3	P-3	P-3	P-3	P-3													1 : bedroom
Innovative Residential Development	P-4	P-4	P-4	P-4	P-4	P-4								P-4	P-4	P-4	P-4	P-4		Based on dwelling type
Manufactured Home							P-5													2 : dwelling
Modular Home	P-6	P-6	P-6	P-6	P-6	P-6										P-6	P-6	P-6	P-6	2 : dwelling
Short-Term Residential Rental	P-7	P-7	P-7	P-7	P-7	P-7								P-7	P-7	P-7	P-7	P-7	P-7	Based on dwelling type
Nonresidential Uses
Adult Day Services Center								S	S	S			P	P		S		S	S	1 : 2 guests
Adult Entertainment												P-8								1 : 300
Agricultural Use	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	P-10	1 : 1,000 of enclosed areas
Ambulance Service										P	P									1 : 400
Amusement, Commercial (Indoors)								S	S	P	P					S		S	S	1 : 300
Amusement, Commercial (Outdoors)									S	S	S					S		S	S	1 : 3 patrons
Animal Shelter or Pet Boarding (with Outside Yard/Kennels)	S							S	S	S										1 : 400
Animal Shelter or Pet Boarding (without Outside Yard/Kennels)	S			S	S	S		P	P	P	P			S		S	S			1 : 400
Animal Veterinary Office or Grooming (with Outside Yard/Kennels)								S	S	S										1 : 400
Animal Veterinary Office or Grooming (without Outside Yard/Kennels)				S	S	S		P	P	P	P			S		S	S	S	S	1 : 400
Antique Shop								P	P	P			P			P	P	P	P	1 : 300
Art Gallery or Museum								P	P	P				P		P	P	P	P	1 : 300
Artisan’s Studio								P	P	P	P	P		S		P	P	P	P	1: 300
Assisted Living/Nursing Home					P	P		S	P	P						P	P	P		1 : 2 beds
Automobile or Other Motorized Vehicle Sales										S	P									1: 750
Automobile Parts Store								S	P	P	P	P				P		P	P	1: 300
Automobile Service Garage (Major)										S	P	P								3 : service bay
Automobile Service Garage (Minor)									P	P	P	P				P				3 : service bay
Bank or Financial Institution								S-11	P	P				S-11		S-11	S-11	S-11	S-11	1 : 300
Banquet Hall, Reception Facility, Wedding Chapel, or Other Special Events Center	S							S	S	P	P			S	S	S	S	S	S	Non-Fixed Seats \| 1 : 150 or Fixed Seats \| 1 : 4 seats
Bar/Tavern (>60% Sales from Alcohol without a TABC Food and Beverage Permit)										P-25								S-25	S-25	Based on use type
Barber or Beauty Shop				S	S	S		P	P	P	P			P	S	P	P	P	P	1 : 400
Bed & Breakfast Inn	S	S	S	S	S	S		P	P	P			S	P	S	P	P	S	S	Residential requirement + 1 : guest room
Brewery, Macro											S-9	P-9								Office \| 1: 400 Brewing \| 1 : 1,000 Tasting Room \| 1 : 200
Brewery, Micro	S-9							S-9	S-9	S-9	P-9	P-9				S-9	S-9	S-9	S-9	Office \| 1 : 400 Brewing \| 1 : 1,000 Tasting Room \| 1 : 200
Building Material Sales										S	S	P								Retail/Office \| 1 : 300 Outdoor Storage \| 1 : 2,000
Car Wash, Full Service									P	P										Wash bays + 5 queue spaces
Car Wash, Self Service									S	P										Wash bays + 2 queue spaces
Carpentry Shop											P	P								1 : 400
Catering Service								S	P	P	P									1 : 400
Ceramic, Pottery, or Glass Studio								S	S	S	P	P				S	S	S	S	Retail/Office \| 1 : 400 Warehouse \| 1 : 1,000
Child Care Home (>6 Children)	P	P	P	S	S	S							P	P	P	S	S	S	S	Based on dwelling type
Child Care Home (6+ Children)	S	S	S											S	S	S				Based on dwelling type
Child Care Facility (Daycare)				S	S	S		P	P	P	S			S		S	S	S	S	1 : 400 + 1 : employee
Child Care Facility (Children’s Home)								S	S							S		S	S	1 : 7 children
Church or Other Place of Worship, including Parsonage/Rectory	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	Non-Fixed Seats \| 1 : 150 or Fixed Seats \| 1 : 4 seats
College or University								S	P	P	P	P				S		S	S	1 : 3 students + 1 : classroom
Contractors Yard or Storage Yard											S	P								1 : 1,000 GFA
Dance Hall, Night Club, or Live Music Venue, Indoors								S	S	S					S			S	S	1 : 300
Dance Hall, Night Club, or Live Music Venue, Outdoors								S	S	S	S	S				S		S	S	1 : 300 of assembly area
Dance, Music, or Drama Studio				S	S	S		P	P	P	P			S		P	S	P	P	1 : 400
Distillery, Macro										S-9	P-9	P-9								Office \| 1 : 400 Distilling \| 1 : 1,000
Distillery, Micro									S-9	S-9	P-9	P-9				S-9	S-9	S-9	S-9	Office \| 1 : 400 Distilling \| 1 : 1,000
Donation or Recycling Collection Point								P-13	P-13	P-13	P-13				P-13		P-13	P-13		N/A
Electrical Power Substation	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	N/A
Equipment Sales										S	P									1 : 500 of building
Farmer’s Market	P	S	S	S	S	S	S	S	S	S	S	S	P	S	S	S	S	S	S	N/A
Feed Store	S								S	P										1 : 300
Fix-It Shop, Bicycle Repair, Blade Sharpening, Small Engine Repair								S	P	P	P	P				P		P	P	1 : 400
Food Truck Park								S-14	S-14	S-14	S-14	S-14				S-14	S-14	S-14	S-14	N/A
Fuel Pumps (Accessory Use)								S-15	P-15	P-15	P-15	P-15				S-15		S-15	S-15	N/A
Funeral Home with Crematorium											P	P								Non-fixed seats 1:150; or Fixed seats 1:4 seats
Funeral Home without Crematorium	S							S	S	P	P			S		S		S		Non-fixed seats 1:150; or Fixed seats 1:4 seats
Furniture Repair and Upholstering Shop								S	P	P	P	P				P		P	P	1 : 400
Game Room										S-27	P-27	P-27								1:300
Gasoline Filling or Service Station/Car Wash									S-15	P-15	P-15	P-15				S-15		S-15	S-15	Fueling bay spaces + Grocery, Convenience Store requirement
Grocery, Convenience Store				S	S	S		P	P	P	P			P	S	P	P	P	P	1 : 300
Grocery, Market					P	P		P	P	P	P			S		P	S	P	P	1 : 300
Grocery, Supermarket									P	P						P		P	P	1 : 200
Gym or Health/Fitness Center								P	P	P	P					P		P	P	1 : 300
Heavy Industrial or Manufacturing Operations											P-16									Office \| 1 : 400 Warehouse \| 1 : 1,000
Heliport or Helistop									S-17	S-17	S-17	S-17								5 spaces for commercial pads
Home-Based Business	P-18	P-18	P-18	P-18	P-18	P-18	P-18	P-18	P-18	P-18			P-18	P-18	P-18	P-18	P-18	P-18	P-18	N/A
Hospital, Acute Care									P	P	P									1.5 : bed
Hospital, Chronic Care									P	P	P					P				1.5 : bed
Hotel, Full Service								S	P	P						P	S	P	S	1.1 : guest room + 1 : 8 seats for meeting room/restaurant
Hotel, Limited Service									S	S						S	S	S	S	1.1 : guest room
Hotel, Select Service							S	S	P							S	S	S	S	1.1 : guest room + 1 : 8 seats for meeting room/restaurant
Institution for the Care of Alcoholic, Psychiatric, or Narcotic Patients	S									P										1 : 2 patients
Laundry, Commercial											P	P								1 : 800
Laundry, Dry Cleaning Drop-Off/Pick-Up								P	P	P	P					S		P	P	1 : 400
Laundry, Self-Service								S	P	P	P					S		P	P	1 : 400
Library	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	1 : 500
Light Industrial and Assembly Processes										S	P	P								Office \| 1 : 400 Warehouse \| 1 : 1,000
Liquor Store									P-12	P-12										1 : 300
Manufactured Home Sales										S	P									6 plus 1:300 of primary building
Medical Clinic								P	P	P	P	P				P	P	P	P	1 : 400
Mixed Use building not within Historic Overlay (O-H)					P-19	P-19		P-19	P-19	P-19						P-25	P-25	P-25	P-25	Based on use type
Mixed Use building - Historic Overlay (O-H)																	P-25	P-25	P-25	Based on use type
Mobile Retail Service								S	S	S	S	S				S	S	S	S	N/A
Movie Theatre or Cinema								S	P	P	P				S	S	S	S		1 : 4 seats
Nondepository Financial Institution/Payday Lending Establishment								P-20	P-20	P-20	P-20	P-20								1 : 400
Nursery/greenhouse, retail/wholesale									S-24	P-24	P-24					S-24
Office, Professional, Medical, or Business								P	P	P		P		P		P	P	P	P	1 : 400
Outside Display								P-21	P-21	P-21						P-21		P-21	P-21	N/A
Outside Storage									S-22	S-22	S-22	S-22								1 : 2,000 of Outside Storage
Park, Playground, or Community Center, Public	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	N/A
Parking Area, Public								S	S	S	S	S		S	S	S	S	S	S	N/A
Parking Structure				S	S	S		S	S	S	S	P		S		S	S	S	S	N/A
Pawn Shop											P	P								1 : 300
Plumbing or Heating/Cooling Store									P	P							1 : 400
Police, Fire, or Emergency Medical Services Station	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	N/A
Portable Building Sales										S	P									6 plus 1:300 of primary building
Printing Press/Duplication Shop or Mailing Center								S	P	P	P	P		S		S		S	S	1 : 400
Prisons or Detention Facilities											S	S								1 : employee + 1 : 15 cells
Public Facilities for Local, State, or Federal Government	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	N/A
Radio or TV Station									S	P	P	P								1 : 400
Recreational Vehicle (RV) Park										S										0.5 : RV bay
Research and Development Laboratory (Life Sciences)											P	P				S	S	S	S	1 : 500
Research and Development Laboratory (Technology)									P	P	P	P				S	S	S	S	1 : 500
Restaurant or Cafeteria, with Curb or Drive-Thru Service								S-12	S-12	P-12	P-12					S-12		S-12		1 : 200
Restaurant or Cafeteria, without Curb or Drive-Thru Service								P-12	P-12	P-12	P-12			S-12		P-12	S-12	P-12	P-12	1 : 200
Retail Store, Big Box									S	P										1 : 300
Retail Store, Shop								P	P	P				P		P	P	P	P	1 : 300
Rodeo												S								Non-Fixed Seats \| 1 : 300 or Fixed Seats \| 1 : 4 seats
School, Career									S	P	P		P	P		P		P	P	1 : 3 students + 1 : classroom
School, Private or Public	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	Ele./Middle \| 2 : classroom Senior High \| 8 : classroom
Seamstress or Tailor Shop								P	P	P	P			S		P	S	P	P	1 : 400
Seasonal Sales								S	S	S	S	S								N/A
Shoe Repair Shop								P	P	P	P			P		P	P	P	P	1 : 400
Shooting Range, Indoor										P	P	P								2 : shooting lane
Shooting Range, Outdoor											S	S								2 : shooting lane
Stable, Boarding	S											S	S							1 : 2 stalls
Stable, Commercial	S											S	S							1 : 2,000 of site area
Stadium or Play Field (with lighting)	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S	N/A
Stadium or Play Field (without lighting)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	N/A
Office/Showroom								S	P	P	P					S		S		Office 1 : 400 Warehouse 1 : 1,000
Office/Warehouse									S	P	P	P								Office 1 : 400 Warehouse 1 : 1,000
Storage Units, Mini												S								1 : 40 units
Tattoo Studio									P	P						S	S	S	S	1 : 400
Taxi Garage or Dispatch										P	P	P				S		S	S	1 : 400
Telephone Exchange (No Offices or Storage Facilities)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	N/A
Temporary Building	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	P-23	1 : 1,000
Truck Terminal/Travel Plaza or Truck Stop										S-15	S-15	S-15								Fueling bay space + Grocery, Convenience Store requirement
Warehouse											P	P								Office \| 1 : 400 Warehouse \| 1 : 1,000
Wholesale Center											S	P								Office \| 1 : 400 Warehouse \| 1 : 1,000
Winery, Macro										S-9	P-9	P-9								Office \| 1 : 400 Winery \| 1 : 1,000 Tasting Room \| 1 : 200
Winery, Micro									S-9	S-9	P-9	P-9				S-9	S-9	S-9	S-9	Office \| 1 : 400 Winery \| 1 : 1,000 Tasting Room \| 1 : 200
Woodworking and Planing Mill												P								1:1,000
Wrecking or Auto Salvage Yard												P								Office \| 1 : 400 Yard \| 1 : 2,000

*See Section 2.10.10.R Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark for parking requirements.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2020-04 adopted 3/24/2020; Ordinance 2021-10 adopted 4/20/2021; Ordinance 2022-24 adopted 9/20/2022; Ordinance 2022-34 adopted 12/6/2022; Ordinance 2023-03 adopted 5/2/2023)

The following conditional development standards shall apply, as indicated in the Use Chart:

Community Home or Group Home.

For the limitation of six or fewer clients, this means six or fewer clients and two authorized supervisory personnel.

A Community Home or Group Home must be at least 2,000 feet from any halfway house, measured property line to property line.

A community home or group home must be at least 750 feet from any other community home or group home, measured property line to property line.

The appearance and residential character of the structure cannot be altered, either through use of colors, materials, construction (excepting provisions for the physically handicapped) and lighting; the emission of sound, noise, vibration and electromagnetic interference; or outdoor storage of any kind.

Signs identifying the property as a community home or group home are prohibited.

Vehicles used primarily for the community home or group home (for instance, vans displaying an institution name) must be stored where they cannot be seen from the public right-of-way or adjacent properties.

Any single-family dwelling unit to be utilized for a community home or group home shall provide as a minimum, the following square footage in each bedroom:

To house one person per bedroom, the dwelling unit must provide 100 square feet of space per bedroom utilized for this purpose.

ii.

To house two or more persons per bedroom, the dwelling unit must provide at least 80 square feet of space per person housed in the bedroom utilized for this purpose. For example, two persons would require a 160 square foot room.

Group Living Operating License.

Purpose. The purpose of the Group Living Operating License is as follows:

(a)

To protect residents from persons who may take advantage of them;

(b)

To maintain adequate health & safety standards for protection of the residents;

(c)

To ensure that adequate fire, police and emergency response vehicles or patrols are available; and

(d)

To identify and facilitate appropriate responses for residents who may require special assistance during an emergency.

ii.

Applicability. It is unlawful for any person to construct, maintain or operate within the city, any group or community home, halfway house, or other group living facility unless such person first obtains a license. An application for an annual license to operate a group or community home, halfway house or other group living facility is required within the City limits, or for property located in the City’s extraterritorial jurisdiction that is part of a development agreement. Approval of a Group Living Operating License authorizes the use of the property in accordance with the terms of the license and other applicable requirements of the Unified Development Code for one year, after which the Group Living Operating License must be renewed annually.

iii.

Review Process and Application. An application for a Group Living Operating License shall be prepared in accordance with the requirements established by the City Manager or his/her designee. Applications must include all materials determined necessary by the City Manager. Information regarding the format requirements and materials required for the application will be made available by the City. The City shall investigate the application, and inspect the proposed plans and specifications. For a new group or community home, halfway house or other group living facility, the Group Living Operating License shall not be issued until a Certificate of Occupancy has been approved. For a renewal of a Group Living Operating License, an inspection of the property shall be conducted to verify compliance with all applicable requirements of the Unified Development Code.

iv.

Criteria for Approval. The City Manager shall apply the following criteria in deciding the application for a Group Living Operating License:

(a)

That the improvements on the property are in accordance with the requirements of the Unified Development Code;

(b)

That the operations of the property comply with the requirements of the Unified Development Code;

(c)

That the structures and site comply with the Building Code, Fire Code, Property Maintenance Code and other applicable regulations (including the Americans with Disabilities Act).

(d)

That there are no outstanding permit requirements.

Revocation of Certificate. The City Manager may institute proceedings to revoke a Group Living Operating License whenever the official determines that the license has been issued in error; or on the basis of incorrect information supplied; or that the use, dimensions, or other features of the structure or property authorized for occupancy, or any portion thereof, is in violation of any provision of this Code, of the Building Code or other construction codes; or that the property is in violation of the requirements of the Unified Development Code applicable to group or community homes, halfway houses or other group living facility. Before any such license is revoked, the City must give 10 days notice to the holder of such license to correct violations. If the license is revoked, the license may be reissued to the licensee if the reasons for such revocation have been duly corrected, or a license may be issued to another qualified applicant.

vi.

Responsibility for Final Action. The City Manager or his/her designee is responsible for final action on Group Living Operating Licenses as required by this code.

Dwelling, Accessory.

Not more than one accessory dwelling shall be located on one lot.

Accessory dwellings may be rented or occupied by a guest.

Accessory dwellings must meet the setbacks established for the principal dwelling.

A specific use permit is not required in the R-2 zoning district provided the accessory dwelling is located at least 20 feet behind the front line of the primary structure, and the lot width is at least 100 feet and the lot area is at least 12,000 square feet.

Halfway House.

A halfway house must be at least 2,000 feet from other halfway house or inpatient substance abuse treatment facility, measured property line to property line.

A halfway house must be at least 750 feet from any community home or group home, notwithstanding any additional distance restrictions of Federal, State or local law for moderate and high risk (level 2 and 3) and civil commitment sex offenders, measured property line to property line.

Signs identifying the property as a halfway house are prohibited in residential zoning districts.

Vehicles used primarily for the halfway house (for instance, vans displaying an institution name) must be stored where they cannot be seen from the public right-of-way or adjacent properties when located in a residential zoning district.

Any single-family dwelling unit to be utilized for a halfway house shall provide as a minimum, the following square footage in each bedroom:

To house one person per bedroom, the dwelling unit must provide 100 square feet of space per bedroom utilized for this purpose.

ii.

Group Living Operating License. See licensing requirements outlined in 1.h above.

Innovative Residential Development. See 2.09.07. Innovative Residential Development for the required conditions.

Manufactured Homes. Manufactured home parks or subdivisions for Manufactured Homes must be a minimum of five acres and maximum of 25 acres in area.

Modular Home. A Modular Home shall meet the following requirements.

The Modular Home meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction.

The Modular Home conforms to all applicable zoning standards for the respective zoning district.

The Building Official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Texas Occupations Code § 1201).

The Modular Home is placed on an approved platted lot.

Per the Texas Occupations Code § 1202.253, single family and duplex Modular Homes shall:

Have a value equal to or greater than the median taxable value for each single family dwelling located within 500 feet of the lot on which the Modular Home is proposed to be located, as determined by the most recent county certified tax appraisal roll;

ii.

Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single family dwellings located within 500 feet of the lot on which the Modular Home is proposed to be located;

iii.

Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single family dwellings; and

iv.

Be securely affixed to an approved permanent foundation.

For purposes of above subsection e above, "value" means the taxable value of the industrialized housing and the lot after installation of the housing as determined by the appraisal district.

Short-Term Residential Rental.

The Applicant must obtain a Short-Term Residential Rental permit from the City and provide proof of ownership of the residence.

The Applicant must demonstrate to the satisfaction of the Director of Planning that the unit and property do not have any outstanding issues related to taxes or building, electrical, plumbing, fire, health, housing, police, planning, noise, or code enforcement provisions.

The Applicant must submit a report to the Director of Planning each January that indicates the following:

The number of nights the unit was rented as a Short-Term Residential Rental in the previous year;

ii.

Proof of payment of Hotel Occupancy Tax is submitted to the City in accordance with Article 20.05 of the City’s Code of Ordinances; and

iii.

Proof of current property insurance.

iv.

If the Applicant has failed to meet one of these requirements, the City shall provide 10 calendar days of notice to comply.

The City retains the right to suspend or remove a property from the registry. Once a property has been removed from the registry, the property shall not be added to the registry for at least one year.

Suspension or removal shall be at the discretion of the Director of Planning for reasons including, but not limited to, the following:

The Applicant has given false or misleading information during the Application process;

ii.

There has been a violation of any of the terms, conditions, or restrictions of this subsection;

iii.

The Applicant has failed to pay the Hotel Occupancy Tax in the timely manner; or

iv.

The location has received three complaints from the neighboring property owners for excessive noise or traffic within a twenty-four month period.

Continued operation of a Short-Term Residential Rental following suspension or removal from the registry shall be considered a violation of this UDC.

Adult Entertainment. See Article 8.02 in the City’s Code of Ordinances for regulations related to sexually oriented businesses.

Alcoholic Beverage Production.

Facilities are prohibited within four hundred (400) feet of Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District designations.

See 12 below regarding on-premise consumption and sales.

Outdoor storage is prohibited with the exception of containers of spent grain, which must be completely screened from the view of public Right-of-Way.

There shall be no admission fee, cover charge, nor minimum purchase required.

If the general public is allowed entry into the facility, signs shall be posted inside the business near the exit door stating: "No alcohol in open containers allowed past this point."

See the City of Buda Code of Ordinances, as amended, pertaining to Industrial Waste (Chapter 24).

10.

Agricultural Use.

Barns or Enclosures for Livestock.

No barn or enclosure for cows, horses, mules, donkeys, sheep, goats, or similar livestock shall be located nearer than one hundred (100) feet to any dwelling or nearer than two hundred (200) feet to any property line.

ii.

These barns or enclosures are not subject to any masonry requirements if the site is three (3) acres or larger in size and the buildings are set back two hundred (200) feet from any dwelling other than that of the resident.

Restriction of Agricultural Uses within Residential Zoning Districts.

Vegetation. When in a residential zoning district, Agricultural Uses with plants and produce only are permitted on all lots. Excluding any main residential structure, any improvements on the site shall meet the requirements of 2.09.04.B. Residential Accessory Structures.

ii.

Livestock. When in a residential zoning district, Agricultural Uses and buildings that include living animals (e.g., cows, horses, mules, donkeys, sheep, goats, pigs, roosters, and more hens than permitted by c below) are permitted on lots that are three (3) or more acres. These uses and buildings shall be incidental and secondary to the use permitted within the residential district and shall not change the character of the district, including garages for implements or equipment, greenhouses, tool sheds, pens, barns, workshops, well houses, or enclosures for livestock.

Chickens.

Chickens are permitted as household pets within all residential lots subject to the following requirements:

(a)

No more than four (4) hens on lots less than 1/2 acre, or ten (10) hens on lots 1/2 acre or larger are permitted,

(b)

Roosters are prohibited,

(c)

Chickens or eggs are not sold for commercial purposes, and

(d)

A permit is held to keep chickens.

ii.

Pens or Enclosures for Chickens as Household Pets within Residential Zoning Districts.

(a)

Pens or enclosures for chickens as household pets are permitted on all residential lots and shall meet the following standards.

(i)

Setbacks.

Front Setback: Behind the front building line;

Side Setback: Ten (10) feet from the side lot line; and

Rear Setback: Ten (10) feet from the rear lot line.

(ii)

Maximum enclosure size is six (6) feet by ten (10) feet.

(iii)

These pens or enclosures are not subject to any building material requirements.

11.

Bank or Financial Institution. No drive-through windows shall be permitted in the Neighborhood Business (B-1) District.

12.

Bar/Tavern (>75% Sales from Alcohol) or On-Premise Consumption of Alcohol or Liquor Store.

Alcohol sales, on-premise consumption of alcohol, and liquor stores shall be prohibited within 300 feet of a church, public or private school, or public hospital. Alcohol sales are also prohibited within 1,000 feet of a private school if the City Council approves by resolution a request for the 1,000 foot separation from the governing body of a private school.

Method of Measurement.

Church or Public Hospital. The measurement of this distance shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

ii.

Public or Private School. The measurement of the distance between the premises and a public or private school shall be from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections.

This section does not apply to any establishment that is licensed for the sale or consumption of alcoholic beverages at the time a church, public school or hospital begins construction or occupancy of a building within 300 feet of the licensed establishment. Nor shall it apply to churches, public schools or hospitals that are themselves licensed for the sale or consumption of alcoholic beverages.

This section does not apply to on-premises consumption if less than 50% of the gross receipts for the premises is from the sale or service of alcoholic beverages; off-premise consumption if less than 50% of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or a wholesaler, distributor, brewer, distiller, rectifier, winery, wine bottler or manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas Alcoholic Beverage Code.

13.

Donation or Recycling Collection Point. Registration with the City is required.

14.

Food Truck Park. Vendors located within Food Truck Parks shall comply with all regulations pertaining to Mobile and Portable Food Vendors of the City’s Code of Ordinances.

15.

Fuel Pumps (Accessory Use) or Gasoline Filling or Service Station/Car Wash.

Roofs of convenience stores, associated buildings, and pump canopies shall be pitched at least 4:12;

Canopy support columns shall be fully encased with Class 1: Masonry Construction materials that are complementary to that used on the main building.

16.

Heavy Industrial or Manufacturing Operations. A Specific Use Permit is required when located adjacent to Agricultural (AG) District zoning.

17.

Heliport or Helistop.

No heliport or helistop shall be located within 1,000 feet of any church, school, hospital, library, public park or within 1,000 feet of any dwelling unless:

Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state; and

ii.

The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than ninety (90) degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop.

18.

Home-Based Business.

No persons other than members of the family residing on the premises shall be engaged in such business;

The use of the home for the Home-Based Business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than five hundred (500) square feet or ten (10) percent of the square footage of the dwelling area, whichever is greater, shall be used in the conduct of the Home-Based Business;

Home-Based Businesses may occur in an Accessory Structure.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such Home-Based Business;

No sign advertising a Home-Based Business shall be placed on property where a Home-Based Business is conducted. Only one vehicle (motorized or non-motorized), one ton carrying capacity or less may advertise for the Home-Based Business;

Any sales in connection with such Home-Based Business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises;

No traffic shall be generated by a Home-Based Business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a Home-Based Business shall be met off the street and other than in a required front yard;

No equipment, process or work shall be used or conducted in such Home-Based Business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot beyond the extent of a typical single-family use. In the case of electrical interference, no equipment, process or work shall be used or conducted that creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

The operation of beauty schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a Home-Based Business or as an accessory use; and

No Outside Storage or Outside Display of any type shall be permitted with any Home-Based Business.

19.

Mixed Use. See 2.09.10. Mixed Use Design for the required conditions. The F5 Mixed Use Building standards must be employed in the B-3, R-4 and R-5 zoning districts. In the B-1 and B-2 zoning districts, F4 Mixed-Use Building standards must be used.

20.

Nondepository Financial Institution/Payday Lending Establishment.

See Article 8.06 in the City’s Code of Ordinances for regulations related to nondepository financial institutions.

No more than one nondepository financial institution establishment shall be located on a single lot.

Any lot containing a nondepository financial institution establishment shall be located at least one thousand feet (1,000’) from any lot containing another nondepository financial institution establishment, as measured in a straight line between the nearest points of one lot to the other lot.

Any lot containing a nondepository financial institution establishment shall be located at least seven hundred fifty feet (750’) from a residential district or residential use, school, church, or public or private park as measured in a straight line between the nearest points of the boundary of the applicable zoning district or property line of the aforementioned uses to the property line of the nondepository financial institution.

Any lot containing a nondepository financial institution establishment shall be located at least five hundred feet (500’) from the right-of-way of any roadway identified as a highway, parkway or arterial in the city’s transportation master plan, as amended, as measured in a straight line between the nearest points of the right-of-way line to the property line of the nondepository financial institution.

21.

Outside Display.

Figure 4. Example of Outside Display

Outside Display areas shall not be placed or located more than thirty (30) feet from the main building and shall not exceed fifty (50) percent of the linear frontage of the building.

Outside Display areas shall be permitted year round.

Outside Display areas shall be additionally restricted in regard to occupying required parking spaces.

Outside Display areas shall not occupy any of the parking spaces that are required by this UDC for the primary use(s) of the property.

Outside Display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way. At least sixty (60) inches of pedestrian clear zone shall be provided to allow for circulation.

Outside Display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Outside Display is permitted only as an accessory use and is not a permitted Principal Use.

22.

Outside Storage.

Figure 5. Example of Outside Storage

Outside Storage is limited to a maximum of ten (10) percent of the total lot area, shall not be located in front of or on top of the building, and must be screened.

Outside Storage screening shall be required only for those areas surrounding Outside Storage.

Outside Storage of materials, commodities, or equipment shall be screened with a minimum six (6) foot screening fence or wall, and shall not be visible from the street or from adjacent property.

In addition to the screening fence or wall surrounding Outside Storage (see c above), a second level of screening is required at the property line unless the screening required by c above is located along the property line.

A six (6) foot screening fence or wall shall be provided and maintained at the common property line or street adjacent to the area to be screened by one or a combination of the following methods:

(a)

Solid masonry consisting of rock, stone, or other material that is equivalent, visually and qualitatively;

(b)

Wrought iron in conjunction with solid landscape screening;

(c)

Wood or wood vinyl in conjunction with solid landscape screening; and,

(d)

An equivalent alternative screening method approved by the Director of Planning.

No Outside Storage may exceed the height of the screening wall or fence.

Outside Storage exceeding eight (8) feet in height shall require a Specific Use Permit.

Unscreened open storage is only permitted within the rear yard of properties within the Heavy Industrial (HI) District and is not permitted within side yards or within sixty (60) feet of a residential use.

In the case of a home improvement store that provides goods to the general public (e.g., Home Depot or Lowe’s) with Outside Storage, such use would be classified as both Retail Store, Big Box and Outside Storage, therefore both use classifications must be permitted in the applicable district for the store to be allowed.

23.

Temporary Building.

Temporary buildings may be permitted for two (2) years in accordance with a permit issued by the City Building Official. A six (6) month extension may be approved by the City Building Official. After the initial extension is given, the Building Official may approve a second six (6) month extension.

Temporary buildings associated with a school are required to receive a permit issued by the City Building Official, however no time limit applies.

24.

Nursery/greenhouse, retail, is permitted subject to the following conditions:

Access is taken from a collector or higher classification roadway;

The area containing the plants and other accessory materials or products, e.g. soil. mulch, sod, pots and containers, etc., is enclosed within a fenced area;

Stacked materials do not exceed the height of a screening fence; and

Greenhouses are placed to the rear of the property.

25.

Form District Building Types and Standards. Must follow lot building types and standards in 2.08.07.

26.

Multiplex Standards. Must follow lot building types and standards in 2.08.07, no dwelling accessory units are allowed.

27.

Game Room.

It shall be unlawful for an owner or operator of a game room to operate, use, or maintain a game room without first obtaining city game room license as described in accordance with state regulations.

No more than one game room establishment shall be located on a single lot.

Any lot containing a game room establishment shall be located at least one thousand feet (1,000') from any lot containing another game room establishment, as measured in a straight line between the nearest points of one lot to the other lot.

Any lot containing a game room establishment shall be located at least seven hundred fifty feet (750') from a residential district or residential use, school, church, or public or private park as measured in a straight line between the nearest points of the boundary of the applicable zoning district or property line of the aforementioned uses to the property line of the game room.

Any lot containing a game room establishment shall be located at least five hundred feet (500') from the right-of-way of any roadway identified as a highway, parkway or arterial in the city's transportation master plan, as amended, as measured in a straight line between the nearest points of the right-of-way line to the property line of the game room.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2020-04 adopted 3/24/2020; Ordinance 2021-10 adopted 4/20/2021; Ordinance 2023-03 adopted 5/2/2023)

Table 11. Legend for the Use Chart
P	Use is permitted by-right
P-#	Use is permitted by-right subject to the referenced conditions (see 2.06.06.)
S	Use is permitted upon approval of a Specific Use Permit
S-#	Use is permitted upon approval of a Specific Use Permit and subject to the referenced conditions (see 2.06.06.)
	Use is prohibited