A.
Usage and Interpretation Rules. For the purpose of this UDC
certain terms or words herein shall be interpreted or defined as follows:
• Words used in the present tense include the future tense;
• The singular includes the plural;
• The word "person" includes a corporation as well as an
individual;
• The term "shall" is always mandatory; and
• The term "may" is discretionary.
B.
Words and Terms not Expressly Defined. Words and terms not expressly
defined herein are to be construed according to the normally accepted
meaning of such words or terms or, where no definition appears, then
according to their customary usage in the practice of municipal planning
and engineering, as determined by the Director of Planning.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2020-04 adopted 3/24/2020; Ordinance
2020-33 adopted 11/4/2020; Ordinance 2021-10 adopted 4/20/2021)
For the purpose of this UDC, certain terms and words are herewith
defined and shall have the meaning here applied.
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Zoning Related To cease or discontinue a use or activity, but excluding temporary
or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility,
or during normal periods of vacation or seasonal closure.
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Subdivision Related The legal process by which land dedicated to public use, such as
an alley, may revert to private ownership.
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In a residential district, a subordinate structure used for
the purpose customarily incidental to the main structure, such as
a private garage for automobile storage, carport, RV-port, tool house,
greenhouse as a hobby, home workshop, children's playhouse, storage
house, gazebo, elevated surfaces requiring a handrail, or garden shelter.
In a nonresidential district, a subordinate building incidental to
the main structure.
Any officer referred to in this UDC by title (e.g., City
Manager, City Attorney, City Secretary, City Engineer, Director of
Planning, Director of Public Works, etc.) shall be the person so retained
in this position by the City, or his/her duly authorized representative.
A facility that provides services under an Adult Day Care
Program on a daily or regular basis, but not overnight, to four (4)
or more elderly or handicapped persons who are not related by blood,
marriage, or adoption to the owner of the facility. Adult Day Services
Centers (also referred to as Adult Day Care Centers) must be licensed
by the Texas Department of Human Services.
A sexually-oriented business, including, but not limited to, the following uses: adult arcade; adult book or video store; adult cabaret; adult dancing establishment; adult novelty store; and adult theater. See Article 8.02 of the City's Code of Ordinances.
The direct or indirect altering of characteristics of a historic
property that qualify it for inclusion as a Historic Landmark or within
a Historic Overlay District. Reasonably foreseeable effects caused
by the undertaking that may occur later in time, be farther removed
in distance, or be cumulative are included. Examples include physical
destruction or damage, alteration not consistent with the Secretary
of Interior's Standards or local Design Guidelines, relocation of
a property, and neglect resulting in deterioration. If a property
is restored, rehabilitated, repaired, maintained, stabilized, remediated
or otherwise changed in accordance with the Secretary of Interior's
Standards and local Design Guidelines, then it will not be considered
an adverse effect.
Land where the commercial production, keeping, or maintenance
for sale, lease, or personal use of plants and animals, including,
forages and sod crops; grains and seed crops, dairy animals, poultry
and livestock, including but not limited to ostriches, emus, buffalos,
beef cattle, sheep, goats, mules, horses, and ponies.
A facility for the production of alcoholic beverages, including
the specific uses of Brewery, Macro, Brewery, Micro, Distillery, Macro,
and Winery, Macro (see Table 46). Individual businesses are responsible
for ensuring compliance with all other regulations, such as those
of the Texas Alcoholic Beverage Commission.
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Table 46. Comparison of Alcoholic Beverage Producers
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Use
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Annual Production
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Consumption
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Notes
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Brewery, Macro
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10,000+ barrels
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On-site
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Food service considered Restaurant or Cafeteria, without Curb
or Drive-Thru Service and permitted separately
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Brewery, Micro
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<10,000 barrels
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On- or off-site
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Distillery, Macro
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100,000+ proof gallons
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None
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Distilled alcohol (e.g., whiskey, rum, gin, vodka); Wholesale
sales only
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Distillery, Micro
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<100,000 proof gallons
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Winery, Macro
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250,000+ gallons
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On- or off-site
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Produces wine that is <24% ABV; Food service considered Restaurant
or Cafeteria, without Curb or Drive-Thru Service and permitted separately
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Winery, Micro
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<250,000 gallons
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A public Right-of-Way or private roadway used primarily for
vehicular service access to the back or sides of properties otherwise
abutting on a street.
Means flooding occurring on the surface of an alluvial fan
or similar landform which originates at the apex and is characterized
by high-velocity flows; active processes of erosion, sediment transport,
and deposition; and unpredictable flow paths.
Any act or process that changes one of more historic, architectural,
or physical features of an area, site, place, and/or structure including,
but not limited to the erection, construction, reconstruction or removal
of any structure.
Review of submitted applications in accordance with voluntary
alternative approval process in accordance with Texas Local Government
Code Section 212.0096.
A radio communication antenna used by a person holding an
amateur station license from the Federal Communications Commission.
A privately-owned facility for the dispatch, storage, and
maintenance of emergency medical care vehicles.
An Amending Plat applies minor revisions to a recorded plat
consistent with provisions of State law, see 3.03.09.
Discontinuance of a nonconforming use of land or structure
under any plan whereby the full value of the structure and facilities
can be scheduled within a definite period of time to conform to the
regulations of this UDC. See 2.10.14. Amortization of Nonconforming
Uses.
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 climbing wall center, video game
arcade, batting cages, indoor skydiving, bowling alley, or billiard
parlor.
An amusement enterprise offering entertainment or games of
skill to the general public for a fee or charge wherein any portion
of the activity takes place in the open including, but not limited
to, a golf driving range, paintball field, go-cart racing, and miniature
golf course. Note that the City's noise and nuisance regulations apply
to such uses.
A recreational machine that provides the user with the opportunity
to receive something of value, or a representation of value redeemable
for an item of value, other than right of replay.
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".
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".
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.
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.
A device used in communications, which transmits or receives
radio signals, television signals, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
An antenna attached to an existing structure in two general
forms: (1) roof-mounted, in which antennas are placed on the roofs
of buildings, or (2) building-mounted, in which antennas are placed
on the sides of buildings. These antennas can also be mounted on structures
such as water tanks, billboards, church steeples, electrical transmission
towers, etc.
The antenna and any mast, pole, structure, tower, building,
equipment, and other supporting material used to mount the antenna
and equipment, equipment storage buildings and concealing or screening
structures needed to operate an antenna.
See Antenna Facilities.
See Waiver (Antennas).
An establishment offering for sale, within a building, articles
such as glass, china, furniture or similar furnishing and decorations
that have value and significance as a result of age, design and sentiment.
A point on an alluvial fan or similar landform below which
the flow path of the major stream that formed the fan becomes unpredictable
and alluvial fan flooding can occur.
The person or entity responsible for the submission of an
Application. The Applicant must be the actual owner of the property
for which an Application is submitted, or shall be a duly authorized
representative of the property owner. Also see Developer.
The package of materials, including but not limited to an
Application Form, Plat, completed checklist, tax certificate, Construction
Plans, special drawings or studies, and other informational materials,
that is required by the City to initiate City review and approval
of a development project.
The written form (as provided by and as may be amended by
the Director of Planning) that is filled out and executed by the Applicant
and submitted to the City along with other required materials as a
part of an Application.
Approval constitutes a determination by the official, board,
commission or City Council responsible for such determination that
the Application is in compliance with the minimum provisions of this
UDC. Such approval does not constitute approval of the engineering
or surveying contained in the plans, as the design engineer or surveyor
that sealed the plans is responsible for the adequacy of such plans.
The use of Reuse Water as authorized by law and approved
through a Reuse Water Service Agreement with the City.
A site authorized by law and designated approved in a Reuse
Water Service Agreement to receive Reuse Water for an Approved Use
(Pertaining to Water Reuse).
Features that define the design of a building or property
including but not limited to porches, railings; columns, shutters,
steps, fences, attic vents, sidewalks, driveways, garages, carports,
outbuildings, gazebos, and arbors.
A structure which is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
Any locale where there is physical evidence of past human
activity that is either prehistoric or historic in age.
Concrete block with a highly textured finish, such as split
faced, indented, hammered, fluted, ribbed, or similar architectural
finish.
Small details like moldings, carved woodwork, etc. that add
character to a building.
The land area that would be inundated by the 1-percent-annual
chance (100 year) flood based on future conditions hydrology.
A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's
Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual
chance of flooding to an average depth of 1 to 3 feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
The land in the floodplain within a community subject to
a 1 percent or greater chance of flooding in any given year. The area
may be designated as Zone A on the Flood Hazard Boundary Map (FHBM).
After detailed rate making has been completed in preparation for publication
of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30,
AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or
V.
An institution for the collection, display, distribution
of objects of art, and that is sponsored by a public or quasi-public
agency, and is open to the general public.
See Street, Arterial.
The visual variation to both the height and depth dimensions
of a building through the use of materials, colors, fenestration and
details.
Nonresidential work space for one or more photographers,
artists, or artisans, including the accessory sale of art produced
on the premises. These studios are less than one thousand five hundred
(1,500) square feet in area. This use does not include a dwelling.
A home operated by a business or non-profit organization
where ill or elderly people are provided with lodging and meals, with
or without nursing care.
A business providing indoor or outdoor sales display and
incidental service of new and used motorized vehicles, including motorcycles,
RVs, and boats. This use is not considered Outside Display.
Stores selling new automobile parts, tires, and accessories.
A facility for the general repair, rebuilding, or reconditioning
of engines, motor vehicles, or trailers, or providing collision services,
including body, frame, or fender repair, and overall painting, where
all work is conducted inside the building.
A facility for routine automobile services or minor repairs,
such as tire services, quick-lubes, batteries, with all work being
conducted inside the building and within the same day.
A roof-like shelter of canvas or other material extending
from a building's facade.
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. Note that
this definition does not include Nondepository Financial Institution/Payday
Lending Establishments.
A building, facility, room, or portion thereof, that is rented,
leased or otherwise made available to any person or group for a private
event function that is not open to the general public, whether or
not a fee is charged.
An establishment that serves alcoholic beverages by the drink
for on-site consumption and that derive more than 60 percent of the
gross revenue from the on-premises sale of alcoholic beverages and
does not have a TABC Food and Beverage Permit defining the establishment
as a restaurant.
A fixed establishment or place where one or more persons
engage in the practice of barbering or cosmetology, licensed massage
therapy, ear piercing, manicurist, hairdressers. This is a provision
of periodically needed services of a personal nature, which include
full-service beauty salons which may allow intradermal cosmetics (permanent
facial makeup).
The water-bearing substrata also known as the Edwards and
Associated Limestones Aquifer and includes the stratigraphic rock
units known as the Edwards Formation and Georgetown Formation and
is bounded on the north by the Colorado River and on the south by
a groundwater divide running approximately parallel with FM 150 in
Hays County.
The flood having a 1 percent chance of being equaled or exceeded
in any given year.
The elevation shown on the Flood Insurance Rate Map (FIRM)
and found in the accompanying Flood Insurance Study (FIS) for zones
A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a 1% chance of equaling
or exceeding that level in any given year. Also called the Base Flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
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 or more beams that rotate or
move.
An owner (or operator) occupied residence with up to five
(5) bedrooms available for overnight guests. A Bed & Breakfast
Inn may provide for guest stays up to fourteen (14) consecutive calendar
days; however, Bed & Breakfast Inns do not offer weekly rental
rates. Kitchen and dining facilities may be included to provide meals
for guests only; however, no food preparation occurs in guest bedrooms.
A Bed & Breakfast Inn does not include restaurants, banquet facilities,
or similar services.
A tract or parcel of land bounded by streets, or by a combination
of streets and public parks, cemeteries, railroad Right-of-Way, highway,
stream, or corporate boundary lines.
The portion of a Block that abuts a street.
The length of the Block Face between two intersections, or
between an intersection and the outer edge of a cul-de-sac.
A measure of the total length of the property line along
all block faces.
A bluff with a vertical change in elevation of more than
40 feet and an average gradient greater than 400 percent.
See Board of Adjustment.
Wall construction that gives the appearance of wide vertical
strips with intervening recesses or projections by means of wide boards
rabbeted on transverse edges and lapped not to the entire width of
the rabbet on one side, or wide boards alternating with narrow and
thin battens usually fitting into grooves in the wide boards, or wide
boards covered at the seams by narrow usually 2-inch battens.
The City's Board of Adjustment, which is established in 1.02.03.
Board of Adjustment.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
An establishment that produces more than 10,000 barrels of
beer per year, which may be consumed on-site. Such businesses hold
a Brewer's Permit (B) and are regulated by the Texas Alcoholic Beverage
Commission. This definition also includes the secondary use of food
service.
An establishment that produces up to 10,000 barrels of beer
per year, which may be consumed on-site. Sometimes referred to as
a brewpub or taproom. Such businesses hold a Brewpub License (BP)
and are regulated by the Texas Alcoholic Beverage Commission. This
definition also includes the secondary use of food service.
The area between the minimum and maximum setbacks within
which the principal building's front facade (building facade line)
is to be located.
Any structure built for support, shelter or enclosure of
persons, animals, personal property, records or other movable property
and when separated in a manner sufficient to prevent fire, each portion
of such building shall be deemed a separate building.
Percentage of the lot covered by the main structure and any
Accessory Structures.
The vertical distance measured from the average grade level
to the highest point of the roof, excluding ornamental features that
do not contain floor area (e.g., a parapet, church steeple or bell
tower).
Photovoltaic materials used in place of conventional building
materials (such as the roof or skylights). May also be referred to
as Building-Integrated Photovoltaics (BIPV).
An establishment for the sale of materials customarily used
in the construction of buildings and other structures, including outside
storage or display of materials or merchandise. Sometimes referred
to as a "Contractor's Yard". Note that this definition does not include
home improvement store that provide goods to the general public (e.g.,
Home Depot or Lowe's).
The Building Official of the City or designee.
A permit issued by the City before a building or structure
is started, improved, enlarged or altered as proof that such action
is in compliance with the City code.
The line within a property defining the minimum horizontal
distance between a building or other structure and the adjacent street
Right-of-Way/property line.
The percentage of the lot width the principal building is
required to occupy in the Build-to Zone.
The diameter of a tree measured four feet above finished
grade.
A shop involving woodworking and the assembly of wood products.
A facility where a customer does not wash the vehicle and
can have a motorcycle, automobile and light load vehicle washed by
employees of a car wash facility in exchange for financial consideration.
A facility with an automatic wash tunnel or hand wash provisions
for use by the customer to wash motorcycles, automobiles and light
load vehicles in exchange for financial consideration.
A service providing meals or refreshments for public or private
entertainment for a fee.
Small-scale studio site for ceramic, pottery, or glass goods,
including dust, odor, and fume control. This definition does not include
manufacturing.
An order issued by the Historic Preservation Commission indicating
approval of plans for alteration, construction, or removal affecting
a designated landmark or property within a designated district.
An official certificate issued by the City through the enforcement
official that indicates conformance with the City's rules and regulations
and which authorizes legal use of the premises.
A local government certified or approved by the State Historic
Preservation Office (SHPO), which has an appointed commission to oversee
the survey and inventory of historic resources, to review areas for
historically significant structures, and to develop and maintain community
planning and education programs.
Chapter 210 of Title 30 of the Texas Administrative Code,
titled "Use of Reuse Water," as it may be amended from time to time.
Regular care occurring in the caretaker's own residence for
not more than six (6) children, excluding children who are related
to the caretaker but in no case exceeding twelve (12) children at
any given time. See Chapter 42 of the Human Resources Code, Regulation
of Certain Facilities, Homes, and Agencies that Provide Child Care
Services.
Regular care occurring in the caretaker's own residence for
more than six (6) children, excluding children who are related to
the caretaker. See Chapter 42 of the Human Resources Code, Regulation
of Certain Facilities, Homes, and Agencies that Provide Child Care
Services.
A business for the care of children at a location other than
a caretaker's residence for less than 24 hours a day. See Chapter
42 of the Human Resources Code, Regulation of Certain Facilities,
Homes, and Agencies that Provide Child Care Services.
A business for the care of children at a location other than
a caretaker's residence for more than 24 hours a day. See Chapter
42 of the Human Resources Code, Regulation of Certain Facilities,
Homes, and Agencies that Provide Child Care Services.
A place of worship and religious training of recognized religions,
including the on-site housing of ministers, rabbis, priests, nuns,
and similar staff personnel.
The City of Buda, Texas, together with all its governing
and operating bodies.
The person(s) so designated by the City Council to provide
oversight for and have legal responsibility for the City. This term
shall also include any designee of the City Attorney.
The duly elected governing body of the City of Buda, Texas.
The City Manager or person(s) designated by the City Manager
to carry out the duties of the City Engineer as described under this
Code.
The officially appointed and authorized City Manager of the
City of Buda, Texas, or the City Manager's duly authorized representative
or designee.
The person(s) so designated by the City Manager to provide
clerical and official services for the City Council. This term shall
also include any designee of the City Secretary.
Often called an open space development or conservation development,
Cluster Development is the grouping of residential properties on a
development site in order to use the extra land as open space, recreation
or agriculture. The purpose of cluster development is to promote integrated
site design that is considerate to the natural features and topography;
protect environmentally sensitive areas of the development site, as
well as permanently preserve important natural features, prime agricultural
land, and open space; minimize non-point source pollution through
reducing the area of impervious surfaces on the site and creating
contiguous green spaces for natural filtration; encourage saving costs
on infrastructure and infrastructure maintenance through practices
such as decreasing the area that needs to be paved and the decreasing
distance that utilities need to be run; and to create more area for
open space, recreation and more social interaction.
See Street, Collector.
An academic institution of higher learning, accredited or
recognized by the State, and offering a program of series of programs
of academic study.
The act of locating wireless communications equipment for
more than one telecommunications carrier on a single Antenna Facility.
A sequence of columns attached to an awning, second floor
overhang or second floor balcony of a building.
Class 7 Vehicles or greater, vehicles exceeding 26,001 lbs.
not including vehicles involved in the collection of refuse, on-site
construction, or operating buses (municipal or otherwise).
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, or other commercial activity.
A business use or activity at a scale greater than home industry
involving retail or wholesale marketing of goods and services. Examples
of commercial uses include offices, retail stores, and restaurants.
Warehouse, Storage and Industrial uses are not considered commercial
for the purposes of this definition.
The Planning and Zoning Commission of the City.
The Buda corporate city limits, in which the City has the
authority to adopt and enforce flood plain management regulations
for the areas within its jurisdiction.
A residence for not more than six (6) persons with disabilities
and two (2) supervisors. Such entity must be licensed and comply with
Chapter 123 of the Human Resources Code.
The plan, including all revisions and addenda thereto, adopted
by the City Council as the official policy regarding the guidance
and coordination of the development of land in the City. The plan
indicates the general location recommended for various land uses,
transportation routes, public and private buildings, streets, utilities,
parks other public and private developments and improvements and population
projections. The plan may consist but is not limited to the following
plan elements: Future Land Development Plan, Economic Growth &
Sustainability, Transportation, Parks, Recreation, & Open Space,
Housing & Neighborhoods, Community Identity, Civic Facilities &
Programs, Public Safety, Downtown Buda, and Historic Preservation.
A set of drawings or specifications, including paving, water,
wastewater, drainage, or other required plans, submitted to the City
for review in conjunction with a subdivision or a development.
Any container that is used to hold Reuse Water during transport
from a wastewater treatment facility to an Approved Use Area (Pertaining
to Water Reuse).
A building, part of a building, or land area for the construction
or storage (inside or out) of materials, tools, products, and vehicle
fleets.
A historic building that is at least 50 years old or older
that retains a significant amount of its physical integrity and character
defining features including location, setting, design, construction,
workmanship, and/or association with historical persons or events.
An interim step in the subdivision and development of land,
a Conveyance Plat is a plat designed to subdivide land and to provide
for recordation for the purpose of conveying (i.e., selling) the property
without developing it. A Conveyance Plat does not constitute approval
for any type of development on the property.
See City Council.
Hays County or Travis County, as applicable.
An open unoccupied space other than a yard, on the same lot
with a building which is bounded on three (3) or more sides by the
building.
A location containing properly installed, certified apparatus
intended for use in the act of cremation.
Features that are of critical importance to the protection
of environmental resources, and include bluffs, canyon rimrocks, caves,
sinkholes, springs, and wetlands.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
A circle on the ground corresponding to the drip line of
the tree. The Critical Root Zone is intended to protect the root structure
of a tree.
Any physical arrangement where a potable water supply is
actually or potentially connected with any non-potable water system,
used water system or auxiliary water supply, sewer, drain conduit,
swimming pool, storage reservoir, plumbing fixture, swamp cooler,
air conditioning unit, fire protection system, or any other assembly
which contains, or may contain, contaminated water, domestic sewage,
or other liquid of unknown or unsafe quality which may be capable
of imparting contamination to the public water system as a result
of backflow. Bypass arrangements, jumper connections, removable sections,
swivel or change over assemblies, or other temporary or permanent
assemblies through which, or because of which, backflow may occur
are considered to be cross connections.
A short street, that is typically in a residential setting,
with one vehicular access to another street, and terminated on the
opposite end by a vehicular turnaround.
An indoor establishment offering to the general public facilities
for concerts, dancing, and similar entertainment.
An establishment located outdoors or partially outdoors offering
to the general public facilities for concerts, dancing, and similar
entertainment.
Studio for performing arts education or similar activities.
A street, other than a cul-de-sac, with only one outlet.
The City official or group, such as the Director of Planning,
City Council, or Planning and Zoning Commission, responsible for deciding
action on an Application authorized by this UDC.
Allowing a building to fall into such a state of disrepair
that it becomes necessary or desirable to demolish it.
Guidelines of appropriateness or compatibility of building
design within a community or historic district. Often in the form
of a handbook, design guidelines contain drawings accompanying "do's
and don't's" for the property owner. The Historic Preservation Commission
has authority to administer design guidelines.
Refers to the decision making process conducted by the Historic
Preservation Commission or an appointed historic preservation officer
that is guided by established terms.
A person or entity, limited to the property owner or duly
authorized representative thereof, who proposes to undertake or undertakes
the division, developments, or improvement of land and other activities
covered by this UDC. The word Developer is intended to include the
terms Subdivider, property owner, and, when submitting platting documents,
Applicant.
Any human-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations
or storage of equipment or materials.
An Application, developed and updated by the Director of
Planning, for any type of plan, permit, plat or Construction Plans/drawings
authorized or addressed by this UDC. Also may be referred to as a
permit within the Texas Local Government Code, Chapter 245.
A collection of Application Forms created, updated, and managed
by the Director of Planning.
The City Manager or person(s) designated by the City Manager
to carry out the duties of the Director of Planning as described under
this Code.
The person(s) so designated by the City Manager to provide
oversight for and have responsibility of the City's Public Works Department.
This term shall also include any designee of the Director of Public
Works.
An establishment that produces at least 100,000 proof gallons
of distilled alcohol, such as whiskey, rum, gin, vodka and other spirits
not defined elsewhere in this UDC. Such businesses hold a Distiller's
and Rectifier's Permit (D) and are regulated by the Texas Alcoholic
Beverage Commission.
An establishment that produces up to 100,000 proof gallons
of distilled alcohol, such as whiskey, rum, gin, vodka and other spirits
not defined elsewhere in this UDC. Such businesses hold a Distiller's
and Rectifier's Permit (D) and are regulated by the Texas Alcoholic
Beverage Commission.
A Reuse Water main offsite to a User (Pertaining to Water
Reuse) which is constructed at the expense of the Reuse Water User
(Pertaining to Water Reuse) and which connects one (1) or more User
(Pertaining to Water Reuse) with a City reuse Transmission Main. Distribution
Mains terminate at:
The point of connection with a User (Pertaining to Water Reuse)'s
Reuse Water meter, and
The point of connection with the City's Transmission Mains.
All Distribution Main (Pertaining to Water Reuse)s (including the
Reuse Water meter connecting to a User (Pertaining to Water Reuse)'s
on-site Reuse Water main) accepted by the City becomes the property
of the City at the time the Distribution Main (Pertaining to Water
Reuse) is accepted.
An incidental use that serves as a neighborhood drop-off
point for and temporary storage of donations or recoverable resources.
No processing of such items occurs on-site and the site functions
solely as an area of collecting materials. This facility is generally
located in a shopping center parking lot or in public/quasi-public
areas such as in churches and schools.
Collectively, the City's drainage design standards adopted
under the Unified Development Code, as amended.
Plans, working drawings, detail drawings, profiles, typical
cross sections, or reproductions that show locations, character, dimensions,
or details of work related to a Reuse Water system and its components.
See Garage Apartment and Guest House.
Any building, or portion thereof, that is designed, built,
rented, leased, owned, or let to be occupied as five (5) or more dwelling
units or apartments, or that is occupied as a home or place of residence
by five (5) or more families living in independent and separate housekeeping
units.
A building designed for occupancy for two (2) families living
independently of each other. May be located on a single lot or may
have a lot line dividing the building and separating the building's
two (2) dwellings units onto two (2) separate lots.
A dwelling that is joined to another dwelling at one or more
sides by a party wall or abutting separate wall, and that is designed
for occupancy by one family and is located on a separate lot delineated
by front, side and rear lot lines.
A dwelling designed and constructed for occupancy by one
family and located on a lot or separate building tract and having
no physical connection to another building and occupied by one family.
A detached dwelling designed and constructed for occupancy
by one family. Patio Homes are located directly along the side property
line, which creates a larger side yard (e.g., one side yard 10 feet
in width instead of two side yards 5 feet in width). The intent of
this development type is to allow for more compact development that
provides for usable open space. Sometimes referred to as a "zero lot
line" home.
A multi-family building designed as a single structure containing
three (3) or four (4) separate living units on one lot, each of which
is designed to be occupied as a separate residence for one family.
One or more rooms that are arranged, designed, used, or intended
to be used for occupancy by a single family or group of persons living
together as a family or by a single person.
Authorization by a property owner for another to use any
designated part of the owner's property for a specified purpose or
use and evidenced by an instrument or plat filed with the County Clerk.
Among other things, easements may be used to install and maintain
utility lines, drainage ditches or channels, or for other City or
public services. Established for public purposes on private property
upon which the City shall have the right to remove and keep removed
all or part of any buildings, fences, trees, shrubs, or other improvements
or growths that in any way endanger or interfere with the construction,
maintenance, or efficiency of City systems. The City shall at all
times have the right of ingress and egress to and from and upon the
said easements for the purpose of constructing, reconstructing, inspecting,
patrolling, maintaining, and adding to or removing all or part of
its respective systems without the necessity at any time or procuring
the permission of anyone.
An easement to provide shared access to and from commercial,
and industrial owned and maintained by the owners of the property
upon which the easement is located or as otherwise provided by deed
restrictions or the terms of the easement instrument.
All land over the Edwards Aquifer that recharges the aquifer,
as determined by the surface exposure of the geologic units comprising
the Edwards Aquifer, including the areas overlain with quaternary
terrace deposits, as currently mapped by the Texas Natural Resource
Conservation Commission (TNRCC).
A part of the electrical distribution system with the primary
function to transform electrical voltage, includes transformer stations
and switching stations.
For insurance purposes, a non-basement building, which has
its lowest elevated floor, raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
The official document under the same name issued by the National
Flood Insurance Program (NFIP) used to provide elevation information
necessary to ensure compliance with this ordinance, to determine the
proper insurance premium rate, and to support a request for a Letter
of Map Amendment (LOMA) or Letter of Map Revision based on Fill (LOMR-F).
A person duly authorized under the provisions of the Texas
Engineering Practice Act, as heretofore or hereafter amended, to practice
the profession of engineering and who is specifically qualified to
design and prepare Construction Plans and specifications for public
works improvements.
Technical manual adopted by the City of Buda containing detailed
engineering standards for construction, which may be amended as needed.
Retail establishment selling or renting construction, farm,
or other heavy equipment. Examples include cranes, earth moving equipment,
tractors, combines, heavy trucks, etc. This use is not considered
Outside Display.
An unstaffed, single story equipment building, structure
or platform used to house telecommunications equipment necessary to
operate the telecommunications network.
The purposes of determining rates, structures for which the
"Start of Construction" commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures."
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
Includes but is not limited to architectural style and general
arrangement of such portion of the exterior of a structure as is designed
to be open to the view from a public way. Exterior Architectural Features
are often used to describe decorative features attached to the structure
such as: doors, windows, window sills, cornices, decorative plaster
work or stone, shutters, columns, canopies or awning, etc.
Includes items such as landscaping, fences and sheds that
do not require a slab, which are easily altered, relocated or removed.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A facade directly visible from any public street or main
circulation drive and the facade used as the primary entrance to the
building.
A person living alone, or any of the following groups living
together as a single nonprofit housekeeping unit and sharing common
living, sleeping, cooking, and eating facilities; any number of people
related by blood, marriage, adoption, guardianship, or other duly
authorized custodial relationship; or up to three (3) unrelated people
and any children related to them. Prima facie proof of occupancy of
a dwelling unit by more than three (3) unrelated persons is established
in any prosecution for violation of this UDC if it is shown that the
same three or more vehicles with registrations to persons having different
surnames and addresses were parked overnight at the dwelling unit
a majority of nights in any 21-day period. This establishment of a
prima facie level of proof in this subsection does not preclude a
showing of "occupancy" of a dwelling unit by a person in any other
manner. The property owner and any agent of the property owner shall
be legally responsible for directly or indirectly allowing, permitting,
causing, or failing to prohibit the occupancy of a dwelling unit by
more than three (3) unrelated persons.
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.
A listing of fees for various City Applications, which is
prepared by the City Manager and approved by City Council and may
be amended periodically. The Fee Schedule is approved separately from
this UDC.
An establishment engaged in retail sale of supplies directly
related to the day-to-day activities of agricultural production.
The acceptance by the City of all infrastructure improvements
constructed by the Developer in conjunction with the development of
land.
The one official and authentic map of any given subdivision
of land prepared from actual field measurement and staking of all
identifiable points by a Surveyor or Engineer with the subdivision
location referenced to a survey corner and all boundaries, corners
and curves of the land division sufficiently described so that they
can be reproduced without additional references. The Final Plat of
any lot, tract, or parcel of land shall be recorded in the Deed Records
of Hays County, Texas. A Final Plat may also be referenced as a Record
Plat or Filing Plat.
Path of egress whether on public roads and highways, or on
private property, that is a continuous path of travel from any one
point at a building or structure, to any other point along that structure,
so posted and marked as a fire lane.
Business providing basic repair services for mechanical equipment.
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision, or other entity.
A flag other than national, state, municipal or other governmental
flags, other than such flags located on property zoned Estate Residential
(R-1) District, Suburban Residential (R-2) District, or One &
Two Family Residential (R-3) District.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of mudslide (i.e., mudflow)
or flood-related erosion hazards.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
See Flood Elevation Study.
Any land area susceptible to being inundated by water from
any source (see definition of flooding).
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management
regulations.
Zoning regulations, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Physical structural works for which funds have been authorized,
appropriated, and expended and which have been constructed specifically
to modify flooding in order to reduce the extent of the area within
a community subject to a "special flood hazard' and the extent of
the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These
specialized flood modifying works are those constructed in conformance
with sound engineering standards.
Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
See Regulatory Floodway.
The habitable area of a building that is served by a conditioned
air system, but specifically excluding porches, patios, breezeways,
automobile storage areas, garages, workshops, attic storage areas
and basements.
A vendor who operates or sells food for human consumption, hot or cold, from a cart, trailer or kitchen mounted on chassis, with an engine for propulsion or that remains connected to a vehicle with an engine for propulsion. Also referred to as a "mobile food vendor". See Article 8.05 Mobile and Portable Food Vendors of the City's Code of Ordinances.
Four (4) or more Food Trucks parked and operating on a single
lot.
Foot candle means a unit of light measurement equal to one
lumen per square foot.
A type of land use regulation that addresses the relationship
between private facades and the public realm, the form and mass of
buildings in relation to one another, and the scale and types of streets
and blocks. The regulations and standards in form-based codes are
presented in words, diagrams and other visuals. They are keyed to
a regulating plan that designates the appropriate form and scale (and
therefore, character) of development, rather than only distinctions
in land-use types.
One of several areas defined on a regulating plan that is
subject to the Form Based Code. A form district is administratively
similar to a zoning district, except that in addition to the usual
building use, height, and setback requirements, other elements are
integrated such as street and frontage standards.
A factor of safety expressed in feet above base flood level
for purposes of floodplain management. "Freeboard" tends to compensate
for unknown factors that could contribute to flood heights greater
than the height calculated for a selected flood recurrence interval
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of watershed urbanization.
All the property abutting on one (1) side of the street,
or between two (2) intersecting streets, measured along the street
line.
Any facility, equipment, or fixture, including a canopy,
used for retail dispensing of motor vehicle fuels primarily to passenger
vehicles. This is an accessory use typically associated with a Grocery,
Supermarket or Retail Store, Big Box use.
Fixture that is designed or shielded in such a manner that
all light rays emitted by the fixture, either directly from the lamp
or indirectly from the fixture, are projected below a horizontal plane
running through the lowest point on the fixture where light is emitted.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
An establishment with facilities for the preparation of the
dead for burial or cremation, for the viewing of the body, and for
funerals.
A business that repairs and replaces upholstery to household
and office furnishings; does not include motor vehicle upholstering
or repair.
A building, facility, room, or other place that is open to
the public and that contains one or more operational amusement redemption
machines.
A dwelling unit erected in conjunction with a garage.
Any lot or parcel of land or portion thereof used partly
or entirely for storing or dispensing flammable liquids, combustible
liquids, liquefied flammable gas, or flammable gas into the fuel tanks
of motor vehicles. May include a car wash facility.
A structure that integrates a variety of uses typically including
commercial, office, and retail.
The portion of developable land that must be allocated for
landscaped uses such as lawn space, planting areas, swales, rain gardens,
and other pervious land uses.
A retail establishment that sells food and other consumable
and non-consumable products for off-premise use or consumption that
is less than 7,000 square feet in gross floor area.
A retail establishment primarily selling prepackaged and
perishable food as well as other convenience and household goods that
is between 7,000 and 15,000 square feet in gross floor area.
A retail establishment primarily selling prepackaged and
perishable food as well as other convenience and household goods that
is more than 15,000 square feet in gross floor area.
Grasses and other living plant materials that are designed
to grow low to the ground, generally less than one (1) foot in height.
See the Approved Plant List maintained by the Director of Planning.
Living quarters operated as an incidental/accessory use that
is either attached or detached from the principal residence and that
is occupied as a residence by either guests or tenants.
A facility where members or nonmembers use equipment or space
for the purpose of physical exercise.
A residence operated as a single dwelling, licensed or operated
by a governmental or non-profit agency, where drug users, moderate
and high risk (level 2 and 3) and civil commitment sex offenders,
the dangerously mentally ill, or convicted felons are placed immediately
after their release from a primary institution such as a prison, hospital
or rehabilitation facility. Authorized supervisory personnel are on
the premises. A halfway house allows the persons to begin reintegration
with society while still providing monitoring and support.
An establishment engaged in manufacturing or other industrial
processing of products primarily from extracted/raw materials or the
bulk storage and handling of such products and materials, or an industrial
establishment having potential to produce noise, dust, glare, odors
or vibration beyond its property line. Differs from Light Industrial
and Assembly Processes use classification due to the potential impacts
on surrounding properties.
An area designed to be used for the landing or takeoff of
helicopters including operations facilities, such as maintenance,
loading and unloading, storage, fueling, or terminal facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
An official recognition of the significance of a building,
property or district. Designation can occur on three different levels:
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Federal - The National Register of Historic Places (for both
individual buildings and entire districts);
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State - Recorded Texas Historic landmarks (only for individual
buildings) and State Antiquities Landmarks; or
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Local - Designated under a municipal historic ordinance either
individually as a landmark or as a locally designated district.
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A geographically and locally defined area that possesses
a significant concentration, linkage, or continuity of buildings,
objects, sites, structures, or landscapes united by past events, periods,
or styles of architecture, and that, by reason of such factors, constitute
a distinct section of the City. Historic sites within a local district
need not be contiguous for an area to constitute a district. All sites,
buildings, and structures within a local historic district, whether
individually contributing or not are subject to the regulations of
the district.
Any site, building, structure, or landscape of historic significance
that receives designation by the City pursuant to this Chapter.
The protection, rehabilitation, repair and restoration of
places and structures of historic, architectural, or archeological
significance.
The advisory body appointed by the City Council to review
matters related to the City's historic resources.
The City Manager or other person designated by the City Council
as authorized by Sec. 1.02.077 of the Code of Ordinances. The Historic
Preservation Officer must have an interest, knowledge and a demonstrated
background in the disciplines of architecture, history, urban planning,
real estate, legal, archeology, or other disciplines related to historic
preservation.
A systematic, detailed examination of an area designed to
gather information about historic properties sufficient to evaluate
them against predetermined criteria of significance.
A business, occupation, or profession conducted within a
residential dwelling unit, including, but not limited to artists,
online retailers, tax advisors, or travel agents.
A formal nonprofit organization operating under recorded
land agreements through which:
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Each lot or property owner in a specific area is automatically
a member; and
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Each lot or property interest is automatically subject to a
charge for a proportionate share of the expense for the organization's
activities, such as the maintenance of common property; and
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The charge if unpaid, becomes a lien against the nonpaying member's
property.
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An institution where sick or injured patients are given medical
or surgical treatment intended to restore them to health and an active
life, and that is licensed by the State of Texas.
An institution where those persons suffering from illness,
injury, deformity, deficiency or age are given care and treatment
on a prolonged or permanent basis, and that is licensed by the State
of Texas.
A full service hotel is distinguished by the abundant provision
of food and beverage services for guests and groups. Hotel of this
type also have the ability to facilitate large meetings and special
events, and generally have on-site restaurants, lounges, and meeting
spaces. Spas, doormen, valet parking, extended room service, concierge
services, and high-end restaurants are other distinguishing features
of full-service hotels. Examples include: Double Tree, Embassy Suites,
Hilton, Marriott, Renaissance, Ritz- Carlton, W Hotels, and Westin.
A limited-service hotel is distinguished by simple guest
services; or a hotel without restaurant and banquet facilities. Typical
services offered by a limited-service hotel could be a business center,
fitness room, laundry facility, and swimming pools. Examples include:
Candlewood Suites, Comfort Inn, Fairfield Inn, Holiday Inn Express,
Hampton Inn, La Quinta, Motel 6, SpringHill Suites, and Super 8.
A select-service hotel is a hybrid between full service and
limited service. Select service hotels generally have more in common
with the limited-service hotels, but some features of a full-service
hotel at a smaller scale. A select-service hotel might have a specialty
restaurant, but only offer a limited menu and select days, or have
small-scale meeting facilities. Examples include: Courtyard by Marriott,
Wyndham Garden Inn, Hilton Garden Inn, Hyatt Place, Clarion, and Ramada.
See Manufactured Home under the definition of Manufactured
Housing.
Roads, parking areas, buildings, rooftop landscapes, patios,
and other impermeable construction covering the natural land surface.
A liner that fluids may not pass through. The liner may be
constructed of concrete or geomembrane. If geomembrane is used, suitable
geotextile fabric shall be placed on the top and bottom of the membrane
for puncture protection.
Any constructed fixed item that becomes part of or placed
upon real property, see also Public Improvement.
Agreement between the City and a Subdivider, which includes
provisions for construction of Public Improvements, City participation,
pro rata agreements, escrow deposits, and other provisions for the
development of land. (See 3.01.04. C.)
All streets, alleys, sidewalks, storm drainage, water, and
wastewater facilities, utilities, lighting, transportation, and other
facilities as required by the City.
A classification of residential development types that embody
the objectives of the Comprehensive Plan, but require some level of
unique discretionary review and code adjustments to meet those objectives.
Such developments incorporate principles such as Clustering, Pocket
Neighborhoods, Low Impact Design, and Traditional Neighborhood Design.
An institution offering resident treatment to alcoholic,
psychiatric, or narcotic patients.
Institutional purpose shall mean primary and secondary schools,
churches, hospitals, institutions of higher education and any governmental
purpose.
Authenticity of a property's historic identity, evidenced
by survival of physical characteristics that existed during the property's
historic or prehistoric period.
A list of historic properties that have been identified and
evaluated as meeting specified criteria of significance.
The term Junk is defined to mean and shall include scrap
metals and their alloys, rags, used cloth, used rubber, used rope,
used tinfoil, used bottles, old cotton, used machinery, used tools,
used appliances, used fixtures, used utensils, used boxes or crates,
used pipe or pipe fittings, used automobiles, used boats or airplanes,
tires, and other manufactured goods that are so worn, deteriorated,
or obsolete as to make them unusable in their existing condition,
and subject to being dismantled for Junk.
A school or class of young children four (4) to six (6) years
old that develops basic skills and social behavior by games, handicraft,
and other means.
A freestanding structure located within a pedestrian circulation
area and used for the posting of notices or advertisements or the
sale of food, flowers, newspapers, or other goods approved by the
City.
A person(s) other than Surveyors or Engineers who also possess
and can demonstrate a valid proficiency in the planning of residential,
commercial, industrial and other related developments; such proficiency
often having been acquired by education in the field of landscape
architecture or other specialized planning curriculum or by actual
experience and practice in the field of land planning and who is a
member of the American Planning Association.
An industrial facility where fabrics are cleaned with substantially
non-aqueous organic solvents on a commercial or wholesale basis.
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.
A laundromat 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.
Notification to an Applicant from the City Engineer that
all improvements are completed, inspected, tested (if applicable),
and determined by the City to be in conformance with this UDC and
with the City's design/engineering standards and all improvements
are accepted by the City or will be accepted contingent to the approval
of a Final Plat.
A man-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering
practices.
A resource center open to the public that typically contains
collections of books, periodicals, films, and recorded music for its
members to read, borrow, or refer to; in addition, these facilities
often include computer/internet access, meeting room space, study
rooms, and snack bars.
The fabrication, assembly, and packaging of finished products
or parts, predominantly from previously prepared materials, but excluding
basic industrial processing. Processes do not emit detectable dust,
odor, smoke, gas or fumes beyond the bounding property lines of the
lot or tract upon which the use is located and do not generate noise
or vibration at the property boundary that is generally perceptible
in frequency or pressure above the ambient level of noise in the adjacent
areas. Differs from Heavy Industrial or Manufacturing Operations use
classification due to the minimal impacts on surrounding properties.
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, illuminated advertising signs,
and area-type lighting.
Any adverse effect of artificial light including such things
as sky glow. See also Light trespass.
Light emitted from fixtures design 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 driver's eyes,
or upwards to the sky.
Establishments engaged in the sale of alcoholic beverages
for off-premises consumption.
See Street, Local.
Land occupied or to be occupied by a building and its Accessory
Structures, together with such open spaces as are required under this
UDC, and having its principal frontage upon a street or officially
approved place.
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Figure 71. Illustration of Lot Types
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A lot situated at the junction of two or more streets.
The mean horizontal distance from the front street line to
the rear line.
A lot located behind another lot connected to the street
by an area narrower than the full lot width.
The horizontal distance between the side lot lines measured
at the point where the side lot lines intersect the street right-of-way.
All sides of a lot that abuts a street shall be considered frontage.
A lot that does not have side lot frontage on any street.
The lines bounding a lot as defined herein.
A lot that is part of a subdivision, a map of which has been
recorded in the office of the County Clerk.
An interior lot having frontage on two streets. Such through
lot shall provide a front yard on each street.
The mean horizontal distance between side lines measured
at right angles to the depth.
Low Impact Design is an approach to land planning and engineering
to promote green infrastructure. It emphasizes conservation and use
of on-site natural features to protect storm water quality, alternative
energy systems, water conservation, use of recycled materials, and
other similar attributes in order to minimize the ecological footprint
of a development.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
or vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirement of Section 60.3
of the National Flood Insurance Program regulations.
The unit of measurement used to quantify the amount of light
produced by a bulb or emitted from a fixture (as distinct from "watt,"
a measure of power consumption). For the purposes of this article,
the lumen output values shall be the initial lumen output ratings
of a lamp as defined by the manufacturer, multiplied by the lamp efficiency.
Lamp efficiency of 95% shall be used for all solid-state lamps and
80% for all other lamps, unless an alternate efficiency rating is
supplied by the manufacturer. The initial lumen rating associated
with a given lamp is generally indicated on its packaging or may be
obtained from the manufacturer.
The total number of lumens produced by all laps utilized
in outdoor lighting on a property divided by the number of acres,
or part of an acre, with outdoor illumination on the property.
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 roads 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.
A unified development of Manufactured Home sites or lots
that have been divided for the purpose of individual ownership or
for rental or lease, and that is governed by the provisions of the
Subdivision Regulations and Development Standards of the City.
The offering for sale, storage, or display of Manufactured
Housing units on a parcel of land, but excluding the use of such facilities
as dwellings either on a temporary or permanent basis.
Any one of three types of prefabricated housing products
that are typically manufactured or assembled at a location other than
the end user's permanent site, and that are regulated by the Texas
Manufactured Housing Standards Act (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 UDC, there are three types
of manufactured homes:
Mobile Home.
A mobile home is any manufactured home that was constructed
prior to June 15, 1976.
As governed by the definition within the Texas Manufactured
Housing Standards Act (Article 5221f), a movable dwelling designed
to be transported on its own chassis on the highway (either intact
or in major sections) by a prime mover, that is constructed with a
base section so as to be independently self-supporting, and that does
not require a permanent foundation for year-round living.
Manufactured Home.
Manufactured Homes are regulated by HUD Code. A HUD-Code manufactured
home is also defined as a movable manufactured home that was constructed
after June 15, 1976. A HUD-Code manufactured home will display a red
certification label on the exterior of each transportable section.
As governed by the definition within the Texas Manufactured
Housing Standards Act (Article 5221f), a movable dwelling designed
to be transported on the highway, either intact or in major sections,
by a prime mover, that can be used as a residential dwelling either
with or without a permanent foundation.
Modular Home.
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. See 2.06.06.A.6 Modular Home.
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.).
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A shelter projecting from and supported by the exterior wall
of a building constructed of rigid materials on a supporting framework.
A marquee is distinguished from a canopy in that a marquee is cantilevered,
whereas a canopy is supported by posts or other devices beyond the
building wall.
Masonry building materials are defined as follows:
Class 1: Masonry Construction. Class 1: Masonry Construction
shall include the following exterior construction materials: fired
brick, veneer brick, natural and manufactured stone, granite, marble,
Architectural Concrete Block (earth-tone coloring integrated into
the masonry material), or tilt-wall replicating any of the aforementioned
materials.
Class 2: Masonry Construction. Class 2: Masonry Construction
shall include the following exterior construction materials: all Class
1: Masonry Construction, cement fiber board, and 3-step stucco process.
Class 3: Masonry Construction. Class 3: Masonry Construction
shall include the following exterior construction materials: all Class
1: Masonry Construction, Class 2: Masonry Construction, and EIFS.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1988 or other datum, to
which Base Flood Elevations shown on a community's Flood Insurance
Rate Map are referenced.
A group of offices for one or more physicians, surgeons,
chiropractors, dentists, or other related healthcare professionals
engaged in treating the sick or injured, but not including rooms for
the abiding of patients.
Minor additions are those activities that will expand or
alter the surface area and can be performed by anyone that does not
require: skilled craftsmanship or specialty work without having to
be extensively trained, does not require a permit of license from
city, county or state to perform the work, or does not impact life,
safety and welfare of persons associated with the addition.
Minor alterations are those activities that does not impact
the overall characteristic appearance or significantly change the
specific use of the item being altered and can be performed with non-skilled
labor.
A plat dividing land into no more than four (4) lots that
meets the submission and approval requirements of 3.03.07. Such plat
may be approved by the Director of Planning. Such plat is also considered
a Final Plat.
Minor repairs are those activities that can be performed
by anyone to restore areas or repair cosmetically to a like new appearance
that does not require: skilled craftsmanship or specialty work without
having to be extensively trained, does not require a permit of license
from city, county or state to perform the work, or does not impact
life, safety and welfare of persons associated with the repair.
A development that integrates a variety of land uses typically
including residential, office, and retail uses.
A structure that integrates a variety of uses typically including
residential, office, and retail.
A vendor who operates or sells merchandise or provides a
service (retail, barber shop, gym etc.) from a cart, trailer or chassis,
with an engine for propulsion or that remains connected to a vehicle
with an engine for propulsion. Also referred to as a "mobile retail/service
vendor". See Article 8.05.004, 8.05.005 Mobile and Portable Food Vendors
of the City's Code of Ordinances for additional requirements regarding
operations and permitting requirements.
See Modular Home under the definition of Manufactured Housing.
A self-supporting tower facility composed of a single spire
used to support telecommunication antennas. Monopole towers cannot
have guy wires or bracing.
A specialized theater for showing movies or motion pictures.
A commercial, office or industrial development where there
are located several separate business activities having appurtenant
shared facilities, such as driveways, parking and pedestrian walkways,
and that is designed to provide a single area in which the public
can obtain varied products and services. Distinguishing characteristics
of a multitenant center may, but need not, include common ownership
of the real property upon which the development is located, common
wall construction, and multiple occupant use of a single structure.
A path in the public right-of-way that is physically separated
from motor vehicle traffic by an open space or barrier primarily for
use by bicyclists and pedestrians for transportation and recreation
purposes.
The nation's official list of buildings, districts, and sites
(including structures and objects) significant in American history
and culture, architecture, archeology, and engineering maintained
by the National Park Service and administered on a state-wide basis
by the Texas Historical Commission. Restrictions on these properties
exist only when there is an undertaking that uses federal funds or
that requires a federal permit or license.
Includes only the portions of a site that lie in an uplands
zone and have not been designated for wastewater irrigation. Net site
area is also the aggregate of: 100 percent of the land with a gradient
of 15 percent or less; 40 percent of the land with a gradient of more
than 15 percent and not more than 25 percent; and 20 percent of the
land with a gradient of more than 25 percent and not more than 35
percent.
The depth of all developable land.
The width of all developable land along fronting onto the
primary street.
For the purpose of determining insurance rates, structures
for which the "Start of Construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the "Start of Construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes
any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A nit shall mean 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.
A lot that is classified as legal nonconforming per 2.10.13.
Nonconforming Lots, Structures, and Uses.
A structure that is classified as legal nonconforming per
2.10.13. Nonconforming Lots, Structures, and Uses.
A use of land that is classified as legal nonconforming per
2.10.13. Nonconforming Lots, Structures, and Uses.
This definition includes all uses addressed by Article 8.06 Nondepository Financial Institutions of the City's Code of Ordinances.
Any use other than a residential use.
An enterprise that conducts the sale of plants grown on an
or off premises, includes growing, cultivation, storage, and sale
of garden plants, flowers, trees and shrubs, soil mulch and lawn or
patio furniture and related accessories to the general public and
to landscapers, developers, builders, and retail nurseries.
A physical item associated with a specific setting or environment
that is movable by nature or design, such as statuary in a designed
landscape. The term object is used to distinguish from buildings and
structures those constructions that are primarily artistic in nature
or are relatively small in scale and simply constructed.
A room or enclosed space designed for human occupancy in
which individuals congregate for amusement, educational or similar
purposes or in which occupants are engaged at labor, and which is
equipped with means of egress and light and ventilation facilities.
A level of frequency measured in cycles per second detected
by a sound level meter used for measurement of noise. "noise" consists
of two characteristics: Frequency (octave bands) and loudness (decibels).
Higher frequencies have a higher-pitched sound, while lower frequencies
have lower-pitched sounds that are less noticeable to the human ear;
therefore, lower octave bands can have higher decibels while producing
an equivalent level of disturbance. See 2.09.14.A.
Any Distribution Main (Pertaining to Water Reuse) or Transmission
Main as defined herein.
An establishment with no more than 40% of its total floor
area devoted to storage and warehousing, but not accessible to the
general public. The remaining area may include retail and wholesale
sales area, sales offices, and display areas for products sold and
distributed from the storage and warehousing areas. No commercial
Heavy Truck traffic used for distribution or delivery. This use is
not intended for automobile service.
An establishment with no more than 75% of its total floor
area devoted to storage and warehousing, but not accessible to the
general public. The remaining area may include retail and wholesale
sales area, sales offices, and display areas for products sold and
distributed from the storage and warehousing areas. Commercial Heavy
Truck traffic is minimal.
A room or group of rooms used for conducting the affairs
of a business, profession, service industry, or government.
A calendar of official submission dates for subdivision related
Applications requiring Planning and Zoning Commission recommendation/approval
and City Council approval pursuant to Texas Local Government Code
Chapter 212 (if applicable) shall be published by the City thirty
(30) calendar days prior to the beginning of each calendar year or
within six (6) months after the adoption of this UDC. This calendar
shall specify two "official submittal dates" for each month. All Applications
delivered to the City on a date other than a scheduled date shall
be dated received on the next official submittal date.
Pursuant to Texas Local Government Code Chapter 245, an Application
or plan for development is considered filed on the date the Applicant
delivers the Application or plan to the City or deposits the Application
or plan with the United States Postal Service by certified mail addressed
to the City. A certified mail receipt obtained by the Applicant at
the time of deposit is prima facie evidence of the date the Application
or plan was deposited with the United States Postal Service. Every
Application or plan is subject to a determination of completeness
by the Responsible Official for processing the Application pursuant
to:
Any Reuse Water transport or distribution lines on the User
(Pertaining to Water Reuse)'s side of the Reuse Water meter. On-site
Reuse Water mains are built by the User (Pertaining to Water Reuse)
and subject to permitting, the City's regulations and inspection and
minimum standards of Chapter 210 of the TAC.
The land area that drains to Onion Creek.
An open space building includes decks, fountains, pavilion,
picnic shelter, public art display, sport courts, terrace, playground
equipment or other structures that add a recreational element to the
primary use of the land.
Operated or causes to be operated means to cause to function
or to put or keep in operation. A person may be found to be operating
or causing to be operated a use, whether or not that person is an
owner, part owner, licensee, or manager of the establishment.
An order issued by the Historic Preservation Commission indicating
approval of plans for demolition of a designated landmark or property
within a designated district.
Repair of any exterior or architectural feature of a landmark
or property within a historic district which does not involve a change
to the architectural or historic value, style or general design. In-kind
replacement or repair is included in this definition of ordinary maintenance.
Decorative grasses used in landscaping. See the Approved
Plant List maintained by the Director of Planning.
A smaller tree intended to provide aesthetic benefit rather
than significant shade. See the Approved Plant List maintained by
the Director of Planning.
The portion of developable land that must be allocated for
outdoor uses.
The temporary or permanent lighting that is installed, located
or used in such a manner to cause light rays to shine outdoors. Nonresidential
fixtures that are installed indoors that cause light to shine outside
are considered outdoor lighting. Residential fixtures installed indoors
generating more than 6,200 lumens that cause light to shine outside
are also considered outdoor lighting.
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. For information regarding possible regulations, see
2.06.05. Use Chart and 2.06.06. Conditional Standards.
The continuous keeping or storage of any finished or unfinished
goods, materials, merchandise, or equipment outside of a building
for more than twenty-four (24) hours. For information regarding regulations,
see 2.06.05. Use Chart and 2.06.06. Conditional Standards.
Zoning, applied over one or more other districts, creates
a second, mapped zone that is superimposed over the conventional zoning
districts. Overlay district typically provide for a higher level of
regulations in certain areas such as transit station areas, downtown
areas, and historic districts, but may also be used to permit exceptions
or less restrictive standards (fewer parking spaces in a downtown
or transit station area, or more density in an economic development
area).
The individual, corporation, partnership, or other legal
entity in whom is vested the ownership, dominion, or title of property
and who is responsible for payment of ad valorem taxes on that property;
including a Lessor or Lessee if responsible for payment of ad valorem
taxes.
An open recreational facility or park owned and operated
by a public agency such as the City or the School District, and available
to the general public.
An open area other than a street, alley or place, used for
temporary parking of more than four (4) self-propelled vehicles and
available for public use, whether free, for compensation or as an
accommodation for clients or customers.
The minimum amount of space required between a lot line and
the parking area line.
Open space or garage space reserved exclusively for the parking
of a vehicle.
A structure devoted to the parking or storage of automobiles.
May include, in the case of a Parking Structure only, a facility for
servicing of automobiles, provided such facility is primarily an internal
function for use only by automobiles occupying the structure and creates
no special problems of ingress or egress.
An advisory commission to the City Council on matters pertaining
to the development, acquisition, construction, and general policy
affecting parks and recreation.
See Street, Parkway.
The portion of a street available for vehicular traffic.
Where curbs are laid, it is the portion between the face of the curbs.
An establishment where money is loaned on the security of
personal property pledged in the keeping of the owners (pawnbroker).
A map depicting the development plan for the area of a Planned
Development (PD). A PD Concept Design Map combined with a PD Design
Statement forms a Planned Development Master Plan. (See 2.10.08. Planned
Development (PD) Regulations and Procedures).
A map depicting the development plan for the area of a Planned
Development (PD). A PD Concept Design Map combined with a PD Design
Statement forms a Planned Development Master Plan. (See 2.10.08. Planned
Development (PD) Regulations and Procedures).
The area between the private lot line and the edge of the
vehicular lane. A public frontage usually includes walkways, planters
and lighting (i.e. such as the public sidewalk).
A street that abuts a parcel of land to be subdivided on
one side.
Person means an individual, firm, association, organization,
partnership, trust, foundation, company, or corporation.
The Planned Development Master Plan (which is submitted with
the Application for rezoning) consists of a PD Design Statement and
a PD Concept Design Map. (See 2.10.08. Planned Development (PD) Regulations
and Procedures).
The Planning and Zoning Commission of the City.
A map or chart of the subdivision, lot or tract of land.
It shall include the term plan, plat or re-plat, in either singular
or plural.
Establishments primarily engaged in retails sales of plumbing,
heating, and air-conditioning equipment, including storage for ordinary
repair, but without warehouse facilities or materials for contracting
work.
A type of planned community that consists of grouping of
smaller residences, often around a courtyard or common garden, designed
to promote a close knit sense of community and neighborliness with
an increased level of contact. Considerations involved in planning
and zoning pocket neighborhoods include reducing or segregating parking
and roadways, the use of shared communal areas that promote social
activities, and homes with smaller square footage built in close proximity
to one another (high density). Features in the smaller homes are designed
to maximize space and can use built in shelves and porch areas, encouraging
time spent outside with a focal point around a greenspace (instead
of parking areas).
A location where Off-Site Facilities and, unless otherwise
set forth in the Reuse Water Service Agreement, is the point at the
downstream end of the Water Department Reuse Water Service.
A cave, sinkhole, fault, joint, or other natural feature
that lies over the Edwards Aquifer recharge zone and that may transmit
a significant amount of surface water into the subsurface strata.
Protection centers operated by a governmental or other public
agency, including administrative offices, storage of equipment, temporary
detention facilities, and the open or enclosed parking of safety vehicles;
excluding, however, correctional institutions.
A site on which factory-manufactured portable buildings or
storage buildings are displayed and offered for sale or order to the
general public.
A voluntary meeting between the prospective Applicant and City staff to exchange information in a non-binding manner. See Subsection 1.04. Pre-Application Meeting.
Any Tower or Antenna for which a building permit or Special
Exception has been properly issued prior to the effective date of
this Ordinance, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
This plan shows the watershed affecting the development and
how the runoff from the fully-developed watershed will be conveyed
to, through, and from the development. See 3.05.12.I. Preliminary
Drainage Plan.
The graphic expression of the proposed overall plan for subdividing,
improving and developing a tract shown by superimposing a scale drawing
of the proposed land division on a topographic map and showing in
plan view existing and proposed drainage features and facilities,
street layout and direction of curb flow, and other pertinent features
with notations sufficient to substantially identify the general scope
and detail of the proposed development. The Preliminary Plat shall
serve as a means for the City to review and study the proposed division
of land or improvements. See 3.03.05.
A plan detailing both Water Utility and Wastewater Utility
requirements. See 3.05.13.C. Preliminary Utility Plan.
The stabilization of an historic building, its materials
and features in their present condition to prevent future deterioration.
Preservation focuses on the maintenance and repair of existing historic
materials and retention of a property's form as it has evolved over
time. (Protection and Stabilization have now been consolidated under
this treatment.)
Someone with experience, education or training in the field
of preservation.
A street that is predominately bordered by front lot lines
and which the front facade of a structure would normally face.
The primary or predominant use of any lot or building.
An establishment in which the principal business consists
of duplicating and printing services using photocopy, blueprint, or
offset printing equipment, including publishing, binding, and engraving;
or a commercial business that conducts the retail sale of stationery
products, provides packaging and mail services (both U.S. Postal Service
and private service), and provides mailboxes for lease.
Public or private facilities housing persons awaiting trial
or persons serving a sentence after being found guilty of a criminal
offense.
Progress towards completion of the project shall include
any one of the following:
An Application for a Final Plat or plan for development is submitted;
A good-faith attempt is made to file with the City or County
an Application for a permit necessary to begin or continue towards
completion of the project;
Costs have been incurred 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 (but exclusive of land acquisition) in the aggregate amount
of five (5) percent of the most recent appraised market value of the
real property on which the project is located;
Fiscal security is posted with a regulatory agency to ensure
performance of an obligation required by the regulatory agency; or
Utility connection fees for the project have been paid to a
regulatory agency.
Facilities such as office buildings, maintenance yards, equipment
yards, service facilities, shops, water storage facilities, utility
buildings and lines, etc.
Any Improvement, facility or service together with its associated
public site, Right-of-Way or easement necessary to provide transportation,
storm drainage, public or private utilities, parks or recreational,
energy or similar essential public services and facilities, for which
the City ultimately assumes the responsibility, upon a Letter of Final
Acceptance being issued, for maintenance, operation, or ownership.
Establishments primarily engaged in the provision of broadcasting
and other information relay services accomplished through the use
of electronic and telephonic mechanisms. Excluded are facilities classified
as major utility services or broadcasting or communication towers.
The act or process of reproducing by new construction the
exact form and detail of a vanished building as it appeared at a specific
period of time. A technique used earlier in the 20th century, reconstruction
is rarely used today because of the preference to use limited financial
resources to preserve existing historic buildings.
A group of drawings or plans that depicts the final configuration
of the installed or constructed improvements of a development, improvements
that have been verified by the contractor as their installation or
construction occurs during development. The Record Drawings shall
reflect the Construction Plans (or working drawings) used, corrected,
or clarified in the field.
See Final Plat.
A state designation for buildings important for their historical
associations and which have retained a high degree of their original
historic fabric. They must be at least 50 years of age and retain
their original exterior appearance. State historical landmarks receive
greater legal protection than National Register of Historic Places
designations.
A vehicle that is (1) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light
duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
A parcel of land designed, improved, or intended to be used
for short- or long-term occupancy by recreational vehicles (including
travel trailers) in designated spaces. Facility may include a residence
for the owner/manager of the premises, utility hook-ups, Accessory
Structures, playgrounds and open space areas, fenced yard areas for
pets, and other similar amenities.
Regularly means featuring, promoting, performing, permitting,
doing or advertising an event or other happening or occurrence on
a recurring or routine basis involving any length of time.
A map that shows the location of areas subject to, or potentially
subject to, regulation by this Form Based Code.
An established plane of reference from which elevations and
depth of flooding may be determined for specific locations of the
floodplain. It is the water level of the base flood plus a freeboard
factor of two feet. Base flood plus freeboard equals Regulatory Flood
Datum.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
The act or process of returning a property to a state of
utility through repair or alteration that makes possible an efficient
contemporary use while preserving those portions or features of the
property that are significant to its historical, architectural, and
cultural values.
The re-subdivision of any or part or all of any block or
blocks of a previously platted subdivision, addition, lot or tract,
that is beyond the definition of an Amending Plat and that does not
require the vacation of the entire preceding plat. Such plat also
conforms to 3.03.08. Replat. A Replat can function as a Final Plat
for a property.
A facility that includes laboratories and experimental equipment
for medical testing, agricultural research, and biological research.
A facility that includes laboratories and experimental equipment
for prototype design, engineering, and product testing.
Residential district means a single family, patio home, duplex,
townhouse, multifamily or mobile home zoning district as defined in
the Zoning Regulations.
Residential use means use of a structure as a residence.
The City staff person designated by the City Manager to accept
a type of development Application for filing, to review and make recommendations
concerning such Applications, and where authorized, to initially decide
such Applications, to initiate enforcement actions, and to take all
other actions necessary for administration of the provisions of development
Applications.
An establishment engaged primarily in the business of preparing
food and purveying it on a self-serve or semi self-serve basis. Customer
orders or service may be by means a window designed to accommodate
automobile traffic. Consumption may be either on or off the premises.
An establishment serving food to be consumed primarily while
seated at tables or booths within a building.
Returning a property to a state indicative of a particular
period of time in its history, while removing evidence of other periods.
"Big Box" uses are defined as single-tenant retail buildings
over 70,000 square feet providing goods to the general public.
An establishment engaged in the selling of goods and merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A non-building, structural wall supporting soil loads and
live and dead surcharge loads to the soil, such as additional soil,
structures and vehicles.
Wastewater that is collected through a City of Buda wastewater
treatment plant(s), treated to a quality that meets or exceeds the
TCEQ's authorization to the Hays County WCID No. 1 or TAC Chapter
210 requirements.
The system of pipes and related facilities for the distribution,
use, and sale of Reuse Water by the City or the City's contractors.
The furnishing of Reuse Water to a User (Pertaining to Water
Reuse), through a metered connection, to On-Site Facilities.
A standard agreement, between a User (Pertaining to Water
Reuse) and the City that establishes the conditions and terms for
delivery and use of Reuse Water.
The territory within the City limits and within its extraterritorial
jurisdiction (ETJ) as authorized by TCEQ, and as it may later be amended.
A parcel of land occupied or intended to be occupied by a
street or alley. A Right-of-Way may be used for other facilities and
utilities, such as sidewalks, railroad crossings, electrical communication,
oil or gas, water or sanitary or storm sewer facilities, or for any
other use. The use of Right-of-Way shall also include parkways and
medians outside of pavement. For platting purposes, the term "Right-of-Way"
shall mean that every Right-of-Way shown on a Final Plat is to be
separate and distinct from the lots or parcels adjoining such Right-of-Way
and not included within the dimensions or areas of such lots or parcels.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Stone or crushed stone material used for landscaping.
A facility for the public performance featuring bronco riding,
calf roping, steer wrestling, and bull riding.
An antenna, greater than one (1) meter in diameter, which
enables the transmission of signals directly to and from satellites.
Such antennas are commonly known as a satellite dish, dish antenna,
parabolic antenna, or satellite earth station antenna.
An antenna, one (1) meter or less in diameter that enables
the receipt of television signals transmitted directly from satellites
to be viewed on a television monitor. Such antennas are commonly known
as a satellite dish, television receive-only antenna, dish antenna,
parabolic antenna, or satellite earth station antenna.
Career schools including programs such as dental assisting,
pharmacy technician, nurse aide, veterinary assistant, etc.
Includes all school facilities providing K-12 education (Kindergarten,
elementary, middle school, high schools).
Establishments primarily engaged in manufacturing or modifying
clothing.
Temporary lighting usually associated with specific celebrations
that includes the following types:
Festoon type low-output lamps limited to small individual bulbs
on a string.
Low-output lamps used to internally illuminate yard art.
Flood or spotlights producing less than 2,000 lumens each, whose
light source is not visible from any other property, and which are
used only as temporary lighting.
A standalone use for temporary retail sales of seasonal items,
such as Christmas trees or pumpkins. This use is different from Outside
Display because it is the primary use of the property.
A street not predominately bordered by front lot lines.
The standards established by the Secretary of the Interior
for advising federal agencies on the preservation/rehabilitation of
historic properties listed or eligible for listing on the National
Register of Historic Places.
The minimum amount of space required between a lot line and
a building line.
A line within a lot, parallel to and measured from a corresponding
lot line, establishing the minimum required yard and governing the
placement of structures and uses on the lot.
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 the Director
of Planning.
A shared lane marking (double-chevron and bicycle) on a lane
of a paved road's surface indicating that bicyclists may use any portion
of the full width of the lane. See the Manual on Uniform Traffic Control
Devices (MUTCD).
An establishment with the principal business of repairing
shoes.
A facility for shooting at targets with rifles, pistols,
shotguns, or other weapons for the purpose of target practice or temporary
competition.
The use of land for archery or discharging firearms for the
purpose of target practice or temporary competition.
A residential unit offered for rental to guests for residential
purposes for a period of one (1) to thirty (30) nights. Examples include,
but are not limited to, Airbnb, Vacation Rentals by Owner, HomeAway,
and other brokers. Such rentals may include a shared room, a single
room, or the entire dwelling unit. These uses are conducted by the
homeowner or tenant, not by a hotel or other business.
Woody plants that usually remain low and produces shoots
or trunks from the base; it is not usually tree-like or single-stemmed.
See the Approved Plant List maintained by the Director of Planning.
A sign for which no legal owner can be found.
A sign that has any visible moving part, flashing or osculating
lights, visible mechanical movement of any description, or other apparent
visible movement achieved by any means that move, change, flash, osculate
or visibly alters in appearance in a manner that is not otherwise
permitted by these regulations.
A sign that is printed on any of the surfaces of a fabric
awning, and which may include an under-awning sign attached to and
mounted under the awning.
Any sign of lightweight fabric or similar material that is
mounted to a building, poles, railings or other structural parts of
the building with or without frames. National flags, state or municipal
flags, or the official flag of any institution or business shall not
be considered banners.
Any sign cut into a masonry surface of a building or made
of bronze or other permanent material.
Any sign attached to any part of a building, as contrasted
to a freestanding sign.
A sign attached above, below or to the face of a canopy,
and which may include an under-canopy sign attached to and mounted
under the canopy. A marquee is not a canopy.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign designed or operated in such a way to
allow the display to change electronically is an electronic message
sign or a CEVMS and not a changeable copy sign for the purposes of
this Code.
Any sign which permits light to be turned on or off intermittently
or which operate in a way whereby light is turned on or off intermittently,
including any illuminated sign on which such illumination is not kept
stationary or constant in intensity and color at all times when such
sign is in use, including an electronic message sign, a light emitting
diode (LED) or digital sign and which varies in intensity or color.
A CEVMS sign does not include a sign located within the right-of-way
that functions as a traffic device and that is described and identified
in the Manual on Uniform Traffic-Control Devices approved by the Federal
Highway Administrator as the National Standard.
Any sign that has become or has been caused to become partially
ruined and in need of repairs, as through neglect.
A sign erected in conjunction with a use that incorporates
a drive-thru or drive-in, placed adjacent to a drive-thru lane or
drive-in parking space.
A sign that includes provisions for programmable electronic
message changes.
Any sign supported by structures or supports that are placed
on, or anchored in the ground and that are independent from any building
or other structure. Types of Freestanding Signs may include Pole and
Pylon Signs and Monument Signs, among others.
A sign carried or worn by a person, whether on public or
private property.
A directional or way-finding sign, secondary to the use of
the zone lot on which it is located, such as "no parking," "entrance,"
"loading only," "telephone," and other similar directives without
a commercial message.
An object enlarged or inflated which floats, is tethered
in the air, is activated by air or moving gas, or is located on the
ground or on a building with or without copy or other graphic.
Any sign attached to, in any manner, or made a part of a
marquee. A marquee sign is not a suspended sign.
A Freestanding Sign attached to a pedestal or perimeter wall.
A sign having visible moving, revolving, or rotating parts,
or visible mechanical movement of any kind, except for the movable
hands on street clocks, or other apparent visible movement achieved
by electrical, electronic, wind actuation or mechanical means, except
for time/temperature/date signs.
Any sign that was erected or permitted prior to the adoption
date of this chapter, and that does not conform to the provisions
of this code.
A sign displaying any matter in which the dominant theme
of the material taken as a whole appeals to the prurient interest
in sex, or is patently offensive because it affronts contemporary
community standards relating to the description or representation
of sexual matters, and is utterly without redeeming social value,
which the erection or display violates Texas Penal Code Chapter 42.01
Disorderly Conduct.
Any sign that advertises a commercial message regarding a
commercial activity not located on the premises where the sign is
installed and maintained, or that directs persons to a location other
than the premises where the sign is installed and maintained.
Any sign that advertises a commercial message on the premises
where the sign is installed and maintained when such premises is used
for business purposes.
A freestanding sign supported by a single or multiple poles,
which may include an exposed pole or concealed support.
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; and umbrellas used as advertising.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
Any sign located in a district zoned for residential uses
that contains no commercial message.
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure, and extending vertically
above the highest portion of the roof.
A special type of temporary sign intended to be viewed from
the pedestrian realm.
A sign posted on a utility pole, street sign or other street
furniture; or any other sign placed within a public right of way or
public property or on private property such that it is visible from
a public right of way or public property. This includes signs with
wood or wire framing, posts or stakes, as well as signs tacked, nailed,
posted, pasted, glued or otherwise attached to trees, poles, fences
or other objects.
A two-sided sign that is suspended from the underside of
a horizontal plane surface and is supported by such surface. A hanging
sign is not a marquee sign.
Any sign that is used only temporarily and is not permanently
mounted.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, that is
supported by such wall or building, and that displays only one sign
surface.
Any sign, pictures, symbol, or combination thereof, designed
to communicate a commercial message that is placed inside a window
or upon the window panes or glass, and is visible from the exterior
of the window.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined, or vanished, where the location itself possesses historical,
cultural, or archeological value regardless of the value of any existing
structure.
A Site Plan is a detailed, scaled drawing of all surface
improvements, structures, and utilities proposed for development.
A sketch or informal plan prepared prior to the preparation
of the Preliminary Plat or Site Plan describing the proposed design
of the subdivision or site to be reviewed during the pre-Application
review process.
Any device that relies upon direct sunlight as an energy
source, including but not limited to any device that collects sunlight
for generating energy for use on-site; Used to produce power for the
same property/building on which the system is located.
A wind energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics which will
be used to reduce on-site consumption of utility power.
See Area of Special Flood Hazard.
An approval for a specific use that has been determined to
be more intense or to have a potentially greater impact than a use
permitted-by-right within the same zoning district. See 2.10.09. Specific
Use Permit (SUP) Regulations and Procedures.
A stable and related open pasture where horses are quartered
for owners on a fee basis.
An establishment where horses are kept and rented to the
general public for riding.
An athletic field or stadium owned and operated by a public
agency for the general public including a baseball field, golf course,
football field or stadium.
Review of submitted applications in accordance with Texas
Local Government Code Section 212.009-212.0095 as amended.
(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,
rehabilitation, addition 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. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual Start
of Construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A designation made by the Texas Historical Commission and,
in the case of privately owned property, with the landowner's permission.
This designation can include buildings as well as archeological sites.
For a building to be designated as a State Antiquities Landmark, it
must first be listed on the National Register of Historic Places.
Damage to a State Antiquities Landmark is subject to criminal, not
civil, penalties.
The State Office responsible for administering federal historic
preservation programs as defined in the National Historic Preservation
Act of 1966 as amended and subsequent legislation. The Executive Director
of the Texas Historical Commission serves as SHPO for the State of
Texas.
"Stealth" is a generic term describing a method that would
hide or conceal an antenna, supporting electrical or mechanical equipment,
or any other support structure that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible to the surrounding
neighborhood. Stealth facilities may include totally enclosed antennas,
wireless facilities that replicate or duplicate the construction of
common structures such as flagpoles, Alternative Tower Structures,
and camouflaged wireless facilities that are constructed to blend
into the surrounding environment.
Impoundment or structural tanks that receive and store Reuse
Water.
A building(s) containing separate, individual self-storage
units for rent or lease. The conduct of sales, business, or any activity
other than storage does not occur within any individual storage unit.
Storefronts are defined as the part of the building that
fills the structural bay on the front facade at ground level.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
It is measured as the vertical distance from top to top of two successive
tiers of beams or finished floor surfaces and, for the topmost story,
from the top of the floor finish to the top of the ceiling joists
or, where there is not a ceiling, to the top of the roof rafters.
A public Right-of-Way that provides vehicular traffic access
to adjacent lands.
An Arterial Street as indicated by the Buda Transportation
Master Plan.
A Collector Street as indicated by the Buda Transportation
Master Plan.
A Local Street as indicated by the Buda Transportation Master
Plan.
A Parkway Street as indicated by the Buda Transportation
Master Plan.
The shortest distance between the property or easement lines
that delineate the Right-of-Way of a street.
Any change in any supporting member of a building, such as
a bearing wall, column, partition, beam, or girder, or a change in
the pitch or height of the roof.
A term used to distinguish specific types of functional constructions
from buildings that are usually made for purposes other than creating
shelter. For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Any person or any agent thereof, dividing or proposing to
divide land so as to constitute a subdivision. In any event, the term
"subdivider" shall be restricted to include only the owner, equitable
owner or authorized agent of such owner or equitable owner, of land
to be subdivided.
The division of a tract or parcel of land into two or more
parts or lots for the purpose, whether immediate or future, of sale
or building development or transfer of ownership with the exception
of transfer to heirs of an estate, and shall include re-subdivision.
Any other subdivision or re-subdivision of land contemplated by the
provisions of Chapter 212, Local Government Code.
See Waiver (Subdivision), see 3.06.01.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to it's before damaged condition would
equal or exceed 50 percent of the fair market value of the structure
before the damage occurred. Substantial damage is cumulative of the
total value of restorations from all flood events to that structure.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty (50) percent
of the market value of the structure before "Start of Construction"
of the improvement. This term includes structures which have incurred
"substantial damage" regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
See Specific Use Permit.
A licensed State Land Surveyor or a Registered Public Surveyor,
as authorized by the State to practice the profession of surveying.
A commercial use involving the marking of skin of persons
with a design by a process of pricking or ingraining an indelible
pigment or by raising scars, or similar method.
A service that offers transportation in passenger automobiles
and vans to persons including those who are handicapped in return
for remuneration. The business may include facilities for servicing,
repairing, and fueling the taxicabs or vans.
Texas Commission on Environmental Quality and its successor
agencies.
Any structure that is designed and constructed for the purpose
of supporting one or more antennae used for the provision of commercial
wireless telecommunications services. This definition includes monopole
towers, alternative mounting structures or any other vertical support
used for wireless telecommunications antennae. This definition does
not include commercial radio or television towers; nor does it include
such things as Satellite Receive Only Antenna or Amateur Radio Antennas.
A facility that contains a telecommunications tower and equipment
storage building or structure.
A building used exclusively for the transmission and exchange
of telephone messages, but the term shall not include wireless service
towers.
A temporary, modular structure or shelter used in connection
with the construction of a development or building project, or for
the temporary placement of offices, classrooms, or similar purposes.
See 2.06.05. Use Chart and 2.06.06. Conditional Standards.
Lighting intended for uses which by their nature are of limited
duration. Examples include holiday decorations, construction projects,
and community events.
See Arterial Street.
Traditional Neighborhood Development, or TND, also known
as a village-style development, includes a variety of housing types,
a mixture of land uses, an active center, a walkable design and often
a transit option within a compact neighborhood scale area. TNDs can
be developed either as infill in an existing developed area or as
a new large scale project. A TND includes a range of housing types,
a network of well-connected streets and blocks, a variety of public
spaces, and amenities such as stores, schools and places of worship
within walking distance of residences. TND reflects an approach to
development common prior to World War II.
A portable dwelling unit designed to move on wheels from
location to location by automobile or truck.
A Reuse Water main including pumping and monitoring facilities.
Glass or other transparent or translucent materials that
are installed on the exterior facade.
The plan that guides the development of adequate circulation
within Buda, and connects the Buda street system to regional traffic
carriers. Also, referred to as the Thoroughfare Plan.
A lane used for the movement of vehicles traveling from one
destination to another, not including shoulders.
Diameter of a tree measured at four (4) feet above finished
grade. For multi-trunk species, caliper measurement will be based
on the diameter of the main trunk plus one-half (1/2) of the diameter
of the remaining trunks measured at the same height.
A facility where commercial trucks, including tractors and
trailer units are maintained, serviced, stored, parked or repaired.
Accessory uses may include offices, fueling or washing and the temporary
storage of loads prior to shipment. Additional uses also include the
overnight accommodations, showers, restaurant facilities, game rooms,
and sales primarily intended for truck crews and interregional travelers.
Grassy groundcovering used for landscaping. See the Approved
Plant List maintained by the Director of Planning.
An antenna that enables the receipt of television signals
transmitted from broadcast stations.
See Unified Development Code.
Any one or combination of underground tanks and any connecting
underground pipes used to contain an accumulation of regulated substances,
the volume of which, including the volume of the connecting underground
pipes, is 10% or more beneath the surface of the ground. See Texas
Administrative Code Title 30 Environmental Quality.
The adopted Unified Development Code (UDC) of the City, as
may be amended in the future, and may be referred as "this Ordinance."
All land and waters not included in a critical water quality
zone or a water quality transition zone.
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 were light is emitted.
A private party to a Reuse Water Service Agreement with the
City.
See Easement.
A space left open and unobstructed by fences, structures,
shrubs, trees or other plant life along streets at the corner in front
of the building line of lots contiguous to intersecting streets.
A request for relief from any standard or requirement of
the UDC's Zoning Regulations or Subdivision Regulations and Development
Standards based on an assertion that the Applicant (petitioner for
relief) has acquired a vested right under previous regulations. Such
petition are regulated under 2.11.05. Zoning Vested Rights Petition
and 3.06.03. Subdivision Vested Rights Petition.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the Elevation Certificate,
other certifications, or other evidence of compliance required in
Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
of the National Flood Insurance Program is presumed to be in violation
until such time as that documentation is provided.
A grant of relief from the antenna location regulations.
See 4.03.07. Antenna Location Waiver.
A grant of relief by a community from the terms of a floodplain
management regulation. See 4.06.03.D. Waiver Procedures. (For full
requirements, see Section 60.6 of the National Flood Insurance Program
regulations. Also referred to as a "variance".)
A change to the standards or intent of the UDC's Subdivision
Regulations and Development Standards, which involves Planning and
Zoning Commission and City Council approval. See 3.06.01. Petition
for Subdivision Waiver.
The City of Buda's Water Department.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
A structure, system, or feature that provides water quality
benefits by treating stormwater run-off. These are also referred to
as best management practices or BMPs.
Facilities characterized by extensive warehousing, frequent
heavy trucking activity, open storage of material, or nuisances such
as dust, noise, and odors, but not involved in manufacturing or production.
A transitional land between terrestrial and aquatic systems
where the water table is usually at or near the surface or the land
is covered by shallow water, and conforms to the Army Corps of Engineers'
definition.
An establishment or place of business primarily engaged in
selling or distributing merchandise to retailers; to industrial, commercial,
institutional, or professional business users; and to other wholesalers.
An establishment that produces at least 250,000 gallons of
wine, which may be consumed on or off site. Such businesses hold a
Winery Permit (G) and are regulated by the Texas Alcoholic Beverage
Commission.
An establishment that produces up to 250,000 gallons of wine,
which may be consumed on or off site. Such businesses hold a Winery
Permit (G) and are regulated by the Texas Alcoholic Beverage Commission.
Establishments with dust and noise control and primarily
engaged in one or more of the following:
Manufacturing dimension lumber from purchased lumber;
Manufacturing dimension stock (i.e., shapes) or cut stock;
Re-sawing the output of sawmills; and
Planning purchased lumber.
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These establishments generally use woodworking machinery, such
as jointers, planers, lathes, and routers to shape wood.
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A yard or building where automobiles or machinery are stored,
dismantled or offered for sale as whole units, as salvaged parts or
as processed metal.
An open space other than a court, on the same lot with a
building, unoccupied and unobstructed from the ground upward, except
as otherwise provided herein. In measuring to determine the width
of a side yard, the depth of a front yard or the depth of a rear yard,
the least horizontal distance between the lot line and the main building
shall be used.
A yard across the full width of a lot extending from the
front line of the main building to the front street line of the lot.
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Figure 72. Front Yard Determination
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A yard extending across the full width of the lot and measured
between the rear line of the lot and rear line of the main building,
except that area included in the side yard as defined below.
A yard between the building and the side line of the lot
and extending from the front yard to the required minimum rear yard.
A police power measure, enacted by a municipality, including
the City, in which the community is divided into districts or zones
within which permitted and special uses are established as are regulations
governing lot size, building bulk, placement, and other development
standards.
The official certified map upon which the boundaries of the
various zoning districts are drawn and that is an integral part of
the UDC, which may also be cited as the Zoning Map. See 2.01.02. Official
Zoning District Map.
See 2.11.04. Zoning Special Exception.
See 2.11.03. Zoning Variance.
(Ordinance 2017-13 adopted 10-2-2017; Ordinance 2020-04 adopted 3-24-2020; Ordinance
2020-33 adopted 11-4-2020; 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)
