For the purposes of this Unified Development Code, and all articles thereof, the following definitions apply.
Accessory Building
A Building that is subordinate to the Principal Building and sits on the same lot or property or that contains an Accessory Use.
Accessory Dwelling Unit
An independent dwelling unit on a lot zoned for Single-Family Residential operated concurrently with a primary dwelling unit (see Section 3.4.8.B.1).
Accessory Use
A use that is subordinate to or incidental to a Principal Use on the same property or lot and does not physically occupy more than twenty-five percent (25%) of a building or lot.
Adequate Public Facilities
Facilities capable of supporting and servicing the physical area and designated intensity of a proposed Subdivision as determined by the facility provider, including the City, PUA, WCID-17, or other utility, and based upon specific levels of service identified in the UDC and the City’s adopted Technical Manual.
Agricultural Uses
Uses that involve the growing of crops or tending of domesticated animals associated with farm or agricultural uses, including associated structures, stables, pastures, and runs.
Alcoholic Beverage Sales, Off-Premises Consumption
The sale of any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted; and includes, but is not limited to, liquor, wine, malt liquor, mixed beverage or beer, to be consumed off-site, such as a grocery store or liquor store.
Alcoholic Beverage Sales, On-Premises Consumption
The sale of any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted; and includes, but is not limited to, liquor, wine, malt liquor, mixed beverage or beer, to be consumed on-site, such as a restaurant or night club.
Alley
A public right-of-way or private easement used for utility installation and/or secondary access to individual properties which have their primary access from an adjacent public or private street.
Alteration
Any revision or change of any extent or type whatsoever, other than the addition of signatures, dates, seals, or similar fill-ins within existing certificates or acknowledgements.
Ambulance Service
A facility for the dispatch, storage, and maintenance of emergency medical care vehicles.
Amending Plat
See Plat, Amending.
Amenity Center
A building or facility owned or operated by a corporation, association, person, or persons for a place of meeting, social, cultural, educational, or recreational purposes, to which membership or residency requirements is required for participation.
Amusements (Indoors)
An amusement enterprise wholly enclosed in a building that does not generate noise perceptible at the bounding property line and including, but not limited to, a facility that includes one or more of the following: climbing walls, video game arcade, shooting range, batting cages, indoor skydiving, bowling alley, or billiard parlor.
Amusement (Outdoors)
An amusement enterprise offering entertainment or games of skill wherein any portion of the activity takes place in the open and includes one or more of the following: paintball, go-cart racing, miniature golf course, or similar outdoor use.
Animal Grooming
A facility where animals are groomed and bathed with no long-term sheltering or kenneling and with no outdoor facilities.
Animal-Related Uses
Uses involving the care or treatment of animals, including Animal Grooming, Animal Veterinary Office or Shelter (with Outside Yard/Kennels), Animal Veterinary Office or Shelter (without Outside Yard/Kennels); Day Care, Pet; Pet Adoption Center; or Pet Store.
Animal Veterinary Office or Shelter (with Outside Yard/Kennels)
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 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."
Animal Veterinary Office or Shelter (without Outside Yard/Kennels)
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.
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."
Appliance Sales or Repair
The indoor sale or routine repair of household appliances such as dishwashers, ovens, ranges, clothes washing machines, clothes dryers, and other similar devices.
Applicant
Anyone authorized to submit an application for Development, including, but not limited to, a property owner or the owner’s designee or a Subdivider or Developer or their agent, attorney, architect, engineer, surveyor, or contractor.
Application
Notice to the City provided on an acceptable form from the City that begins the Development or Subdivision process. For the purposes of TLGC Chapter 242, the date an applicant submits an application for review of administrative completeness determines the regulations the City will use to review the application.
Architect
An individual who is either licensed to practice architecture in the U.S. and/or associate architect as defined by the American Institute of Architecture.
Architectural Lighting
Lighting designed to reveal architectural beauty, shape or form with any other purpose for the lighting being incidental.
Art Gallery or Museum
An institution for the collection, display, or distribution of objects of art or artifacts of cultural, scientific, or historic significance, that is sponsored by a public or quasi-public or non-profit agency, and is open to the general public or by invitation or appointment.
Artisan Studio
A work space used by one or more painters, sculptors, graphic artists, illustrators, photographers, jewelers, or other artists including Ceramic, Pottery, or Glass Studios, that is not food production, is not the manufacture of large quantities of a standardized article, does not endanger the health, safety, and welfare of the artist or the general public, and that does not cause a nuisance to abutting property owners.
Assisted Living Home
A licensed residential facility that provides food & shelter, personal guidance, care, habilitation services, & supervision for 7 or more persons with a disability as defined by Chapter 123 of the Texas Human Resources Code, the Americans with Disabilities Act or the Fair Housing Act.
Astronomic Time Switch
An automatic lighting control device that switches outdoor lighting relative to time of solar day with time of year correction.
Auto Driving School
A school that instructs students to operate an automobile or light truck, including classroom instruction and driving on a public street.
Auto Parts Sales
Retail sales of new auto parts, not including tires.
Auto/Vehicle Repair
A shop that maintains, repairs, or rebuilds engines, transmissions, differentials, suspension components, electrical or computer components, EV or hybrid batteries or components, brakes, or other major components, or performs repair or maintenance of vehicle bodies, with all repair conducted inside an enclosed building and not including salvaging of parts or long-term holding or storage of inoperable or disassembled vehicles. May include Quick Lube.
Average Grade
The average of the highest and lowest existing ground elevation points around the structure’s foundation.
(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023)
Backlight
For an exterior luminaire, lumens emitted in the quarter sphere below horizontal and in the opposite direction of the intended orientation of the luminaire. For luminaires with symmetric distribution, backlight will be the same as front light.
Bakery or Coffee Shop
An establishment for baking and selling products like coffee or tea, cake, bread, cookies, pastries, pie, or other similar foods, and including as a secondary source of income the sale of small meals such as sandwiches that may be pre-packaged along with packaged snacks such as chips.
Bank or Depository Financial Institution
A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. (For payday and title loan businesses, see Non-Depository Lender/Credit Access Business.)
Barber or Beauty Shop
An establishment where barbering, as defined in the Texas Barber Act, V.T.C.A., Occupations Code ch. 1601, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college, or where cosmetology, as defined in the Cosmetology Regulatory Act, V.T.C.A., Occupations Code ch. 1602, is practiced.
Base Flood
A flood having a one percent chance of being equaled or exceeded in any given year based on a fully developed watershed. Also known as the 100-year flood.
Basement
A building story partially or completely underground. A basement shall be counted as a story in computing building height where any portion of a basement has more than one-half of its height above grade.
Beacon
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one more beams that rotate or move.
Bed and Breakfast
A dwelling or grouping of dwellings at which breakfast is served and sleeping accommodations are provided/offered in rooms or unattached units (e.g., cabins) for transient guests for compensation. The facility shall be owner-occupied in the residential zoning districts and may be manager occupied in other zoning districts.
Bicycle Sales and Repair
The sale and repair of non-motorized bicycles with all sales, repair, and storage of bicycles and parts occurring within an enclosed building.
Bookstore or Bookshop
The sale of books, magazines, and e-readers from a permanent retail location. May include secondary uses such as stationery and greeting card sales and bakery.
Brewery, Macro
A brewery producing over 10,000 barrels of beer per year.
Brewery, Micro
A brewery producing up to 10,000 barrels per year and is accompanied by accessory uses such as a tasting room or food service.
Broadcast Station
A facility for broadcasting messages or programs to the public via radio transmission, by television signal, or over the internet.
B-U-G Ratings
A luminaire classification system with ratings for Backlight (B), Uplight (U), and Glare (G). The Backlight component of the rating system takes into account the amount of light in the BL, BM, BH and BVH zones depicted below. The Uplight component takes into account the amount of light in the UH and UL zones. The Glare component takes into account the amount of light in the FH, FVH, BH and BVH zones.
Figure: B-U-G Rating Zones
(Source: Illuminating Engineering Society and International Dark Sky Association, by permission)
UDC_Page_422_Image_0001.tif
Building
Any permanent structure designed, used, or intended to be used for human occupancy or use or to support the human occupancy or use of land, including manufactured homes.
Building Coverage
The portion of the lot that is covered by the principal building and all accessory buildings. The coverage is expressed as a percentage of such area in relation to the total gross area of the lot or site.
Building Footprint
Area measured outside the perimeter of a Structure.
Building Materials Sales
The retail or wholesale sale of raw or bulk building materials such as wood timbers for framing; facia materials; roofing materials; electrical conduit, switches, and boxes; concrete mix with no on-site batching; or similar materials used in construction. May include secondary retail sales related to building construction such as tools, hardware, and lightbulbs but does not include landscaping, appliances, or other goods sold in a Home Improvement Store.
Building Permit
A document signed by the building official or their authorized representative as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, repair, remodeling, rehabilitation, alteration, conversion, demolition, moving, installment, or portion of a structure or building, which acknowledges that such use or building complies with the provisions of this chapter or an authorized variance or specific use permit there from.
Building, Principal
A building in which the principal use of the lot on which the building is located is conducted.
(Ordinance 475 adopted 6/28/22)
Cafeteria
A restaurant where prepared food is served to customer from a serving area adjacent to the kitchen which allows the customer to see the food before it is served, and where food is typically purchased before it is consumed and eaten on-premises.
Caliper
The diameter of a tree as measured at a point that is four and one-half feet (4.5') above ground level.
Car Service
A for-hire service that provides private vehicles under 16,000 pounds GVWR to individuals or companies on a prearranged basis. Also includes secondary storage of vehicles used for providing the car service but not servicing or repair of any vehicles.
Car Wash
A facility, structure, or group of structures, which may include tunnels, awnings, and canopies, for washing automobiles and light trucks (under 16,000 pounds GVWR) in accordance with State regulations, [Section] 6.7 [Article 7] of this UDC, and the City’s Technical Manual, and which may include secondary facilities or services for drying, vacuuming, and detailing automobiles and light trucks. Does not include self-service or coin operated facilities where vehicle owners use equipment provided by the facility to wash their vehicle.
Carpentry Shop
A shop involving woodworking and assembly of wood products.
Caterer or Catering Service
A business that provides prepared foods, meals, and refreshments for public or private events.
Cemetery or Mausoleum
Property used for interring the dead.
Ceramic, Pottery, or Glass Studio
A studio that is not a manufacturer that produces ceramic, pottery, or glass goods and that does not create a nuisance to abutting properties or the general public by creating dust, odor, or fumes. May operate as a "make your own" facility open to the public where the public makes their own goods or paints, decorates, or otherwise manipulates finished goods.
Certificate of Completeness
Certification by the Responsible Official that an application for Plat, Plan, Permit, or other application subject to the requirements of TLGC Chapter 245 meets the requirements for that application to be considered complete under this UDC.
Certificate of Convenience and Necessity
A Certificate of Convenience and Necessity (CCN) gives a retail public utility the exclusive right to provide retail water and sewer utility service to an identified geographic area or the "certificated service area." Chapter 13 of the Texas Water Code requires a CCN holder to provide continuous and adequate service to the area within the boundaries of its certificated service area. Neither the PUD nor the City shall provide retail water or sewer service within an area being lawfully served by another utility unless that district or municipality has a CCN for the area.
Certificate of Occupancy
Certificate issued by the building official for the use of a building, structure, or land, when it is determined by the building official that the building, structure, or proposed land use is listed in the official Use Charts (see Section 3.3.5) and complies with the provisions of all applicable codes of the City of Bee Cave.
Check Cashing
A business that cashes checks for a nominal fee related to the amount on the face of the check and does not provide credit access, payment advances, or loans.
City
The City of Bee Cave, Texas.
City Code
The Code of Ordinances of the City, including but not limited to the City Charter. This term does not refer to the Unified Development Code (UDC).
City Council
The elected governing body of the City of Bee Cave, Texas. Also referred to as "Council".
City Engineer
The individual holding the office of City Engineer of the City of Bee Cave, Texas, who shall actively maintain licensure in good standing as a professional engineer under the laws of the State of Texas. Those duties assigned by this UDC to the City Engineer which relate to the development review process may be reassigned by the City Manager, in whole or in part, to one or more licensed professional engineers, as needed to adjust workflow or to provide specific expertise.
City Limits
The boundary of the incorporated limits of the City.
City Manager
The chief executive officer and head of the administrative branch of the City government.
The acting City Manager; or
Any employee or administrative officer of the City to whom such chief executive officer or acting City Manager shall have delegated certain authority, but only to the extent of such delegation.
Clinic (Inpatient)
A facility that performs advanced medical procedures or those requiring an overnight stay or 24-hour monitoring that does not fall under the definition of Hospital.
Clinic (Outpatient)
A facility that treats patients with nonemergency or nonlife-threatening conditions such as a cold or fever. May include limited imaging such as X-ray. Patients are typically seen and treated by a general physician or nurse practitioner who may prescribe medication or treatment. Facilities such as "Urgent Care" clinics fall under this definition (for facilities that treat emergency situations, including facilities capable of receiving patients transported by ambulance, see Emergency Care Facility).
Clinic (Specialty Outpatient)
A clinic that performs medical procedures not requiring an overnight stay or 24-hour monitoring, including dentists, orthopedists, ophthalmologists, plastic surgeons, ENTs, dialysis, and elective and nonelective inpatient surgeries.
College or University
An academic institution of higher learning that is recognized by the State or accredited or recognized by an accrediting institution and offers a program or series of programs of academic study culminating in the granting of a degree or credential.
Community Center
A multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms, kitchens, and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc. The facility is owned and operated by the City, or a nonprofit organization dedicated to promoting the health, safety, and general welfare of the City.
Community Center, Residential
A multipurpose meeting and recreational facility, with features including, but not limited to fitness centers, meeting rooms, restrooms, swimming pools, sport courts, and reserved for the use of residents of a particular neighborhood or development. Such facilities are typically owned by a property owners’ association or similar entity.
Community Home
A licensed residential facility that provides food & shelter, personal guidance, care, habilitation services, and supervision for no more than 6 persons with a disability as defined by Chapter 123 of the Texas Human Resources Code, the Americans with Disabilities Act or the Fair Housing Act.
Comprehensive Plan
The City’s Comprehensive Plan adopted in accordance with Texas Local Government Code, Chapter 213, and all the associated studies, recommendations, and maps within it, including the Future Land Use Map.
Computer Sales and Repair
A business that sells, buys, upgrades, or repairs computers and similar electronic personal devices such as laptops, tablets, and associated parts and peripheral components, with all work and storage being indoors.
Concept Plan
A graphic representation of the general layout and development scheme currently contemplated for the property subject to request to rezone to a higher-intensity zoning district. The Planning Director is responsible for maintaining and making available a checklist of items to be included in a Concept Plan, this checklist may be revised or changed at any time without notice consistent with the UDC.
Conference Center
A facility with predominantly indoor rentable or leasable space for conferences, events, conventions, meetings, and other similar gatherings that are booked in advance, along with supporting facilities such as lobbies, mezzanines, kitchens for food preparation, catering, or vending, loading docks, and storage or staging areas. These facilities are of a scale to be able to host one or more separate events at the same time.
Consignment Shop
A business that is not a Pawn Shop or junk shop that offers secondhand merchandise such as clothes, jewelry, or furniture for sale on behalf of the owner of the merchandise and takes a fee for selling the merchandise.
Construction Limit Line
The line marking the boundary of disturbance from construction.
Construction Release
Certification by the City Engineer that Construction Plans and all planned activities associated with construction of a Subdivision and Public Facilities meet all requirements of this UDC.
Contractor
Any person, other than the owner, engaging in land development activities on land located within the City Jurisdiction.
Contractor's Office
A facility for administrative functions and storage of equipment and materials used in the on-site physical improvement or repair of properties and structures, including construction, plumbing, heating and cooling, electrical, and similar professions.
Convenience Store
A small retail store that is less than 6,500 square feet that offers goods such as packaged foods, beverages, tchotchkes, and limited personal and household items, but that offers little to no fresh foods, hygiene, or healthcare goods. May offer limited food preparation on site as a secondary use or be connected to a Restaurant.
Country Club
A chartered membership club catering primarily to its membership, providing one or more of the following recreational and social activities such as: golf, swimming, riding and tennis; with amenities such as a club house, locker room, or pro shop.
Cross Access Easement
An easement shown on a Plat or other recorded instrument that assigns benefit and right of entry to the public at large or to an abutting property owner and allows passage to the beneficiary over and across the property on which the easement is located.
(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023)
Dance Hall, Night Club, or Live Music Venue
An indoor establishment offering facilities for concerts, dancing, and similar entertainment that may restrict entry to paying or ticketed customers or on the basis of a cover charge.
Dance, Music, or Drama Studio
A studio that is smaller than a concert hall or performing arts center which provides space for instruction and small recitals for dance, ballet, music, plays, or similar performing arts activities.
Day Camp
A camp offering recreational programming primarily for children, such as science camp or art camp, without overnight accommodations.
Day Care, Adult
A facility specializing in the basic care of adults who cannot care for themselves, such as the elderly or disabled, during the day.
Day Care, Child
A facility regulated by the Texas Health and Human Services Department that is not a school and which specializes in the care and instruction of children during the day. Also known as a "nursery."
Day Care, Pet
A facility where pets are kept for boarding and which includes provisions for feeding, sleeping, exercise, and waste elimination and where animals are not given medical treatment (see Animal Veterinary Office or Shelter (with Outside Yard/Kennels) or Animal Veterinary Office or Shelter (without Outside Yard/Kennels).
Demolition By Neglect
Is a situation in which a property owner or others having legal possession, custody or control of a property, allow the condition of property located to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of that structure.
Determination of Incompleteness
A determination by the Responsible Official, delivered to an applicant by mail deposited with the United States Post Office or by electronic mail, that an application or Permit does not contain all required information, along with a list of items needed for the application to be considered complete. Following a Determination of Incompleteness, the applicant has 45 days to submit the requested information before the application expires.
Developer
An individual, firm, partnership or other organization proposing to subdivide, develop or make improvements to a property or tract of land. A person who owns a tract of land and who is engaged in clearing, grubbing, filling, mining, excavating, grading, installing streets and utilities or otherwise preparing that tract of land for the eventual division into one or more lots on which Building(s) or other Structure(s) will be constructed or placed.
Development
Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities. Development activities include: subdivision of land; construction or alteration of structures, roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of septic systems; grading; excavation, mining or drilling operations; deposit of refuse, debris, or fill materials; and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as permitted). Routine repair and maintenance activities are exempted. Care and maintenance of lawns, gardens, and trees, minimal clearing (ten feet (10’) wide) for surveying and testing, and agricultural activities are excluded from this definition.
Development Agreement
An agreement authorized under TLGC Section 212.172, Subchapter G between the City and a Subdivider of property in the ETJ that outlines certain development and design standards, responsibilities, and procedures relating to the development of a property and may contain a timeline for annexation of the property and assumption of certain responsibilities for the provision or maintenance of Public Facilities.
Distillery, Macro
An establishment that produces more than 100,000 proof gallons of distilled alcohol per year, such as whiskey, rum, gin, vodka, and other spirits not defined elsewhere in this UDC.
Distillery, Micro
An establishment that produces up to 100,000 proof gallons of distilled alcohol per year, such as whiskey, rum, gin, vodka, and other spirits not defined elsewhere in this UDC and is accompanied by a tasting room or food service.
Driveway Stub-Out
A portion of a driveway connection between two properties or a property and a future right-of-way that allows an unimpeded connection to be constructed for access onto, over, and between that property and a future street or driveway on the neighboring property or right-of-way.
Duplex
A type of Single-Family Residential development in which two (2) units share a common wall in one building, with each unit situated on either one or separate platted lots with the shared lot line following the shared wall.
Dwelling Unit or Dwelling, Residence
One or more rooms, which are arranged, designed, used, or intended to be used for occupancy by a Family or group of persons living together as a family or by a single person.
Dwelling Units Per Acre (Density)
Includes the net area of developable land in acres, minus land used for stormwater quality controls, easements, and right-of-way. To calculate density, the number of dwelling units within a development is divided by the net acreage.
(Ordinance 475 adopted 6/28/22)
Easement
An area of restricted use on private property upon which the City or a public utility, or both, shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, and/or other improvements or growths which in any way will endanger or interfere with the construction, maintenance or efficiency of its respective systems within said easements. The City and public utilities shall, at all times, have the right to ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of their respective systems, without the necessity at any time of procuring of permission of anyone.
Electric Vehicle
Any vehicle that operates, either partially or exclusively, on electrical energy from the grid or an off-board source, that is stored on-board for locomotive purpose. Electric vehicles include Battery electric vehicles (BEV) and Plug-in hybrid electric vehicles (PHEV).
Electric Vehicle Charging Levels or Charging Levels
The standardized indicators of electrical power, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications:
Level-1. Level-1 is considered slow charging and operates on a 15- or 20-amp breaker on a 120-volt alternating current (AC) circuit and standard outlet.
Level-2. Level-2 is less than 50 kW and typically operates on a 40- to 100-amp breaker on a 208- or 240-volt AC circuit.
Level-3 or Direct Current Fast Charging (DCFC). Level-3 or DCFC is considered fast or rapid charging and is 50 kW or more and typically operates on a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit using direct current (DC) with special grounding equipment.
Electric Vehicle Charging Space
A parking space in an off-street parking area identified and marked for the exclusive use of parking electrical vehicles while the vehicle is charging.
Electric Vehicle Charging Station or Charging Station
Battery charging station equipment, such as electric vehicle connectors and attachment plugs, that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device in an electric vehicle, electric vehicle charging stations include level 1, 2, and 3 charging levels.
Electric Vehicle Infrastructure
The equipment, as defined by the National Electrical Code, which is provided to support electric vehicle charging. This shall include, but not be limited to: the design load placed on electrical panels and service equipment to support the additional electrical demand, the panel capacity to support additional feeder/branch circuits, the installation of raceways, both underground and surface mounted, to support the electrical vehicle charging station, this includes utility transformers and EV charging cabinets.
Emergency Care Facility
An outpatient facility that diagnoses and treats routine but urgent medical conditions such as broken bones, lacerations, and other injuries and is able to receive and dispatch patients by ambulance, but that offers little to no specialty services, no operating rooms, and no inpatient facilities.
Extended Stay or Residence Hotel
A hotel offering suites at weekly rates that facilitate stays of up to 30 days. Extended Stay or Residence Hotels are typically equipped with full in-room kitchen facilities and offer limited to no food service within common areas of the hotel, and may lack other features of traditional hotels such as concierge, pool, daily cleaning and trash service, meeting space, and exercise rooms.
Exterminator
A business engaged in exterminating pests such as rodents and insects using chemicals, traps, or other techniques.
Extraterritorial Jurisdiction
Also referred to as "ETJ". Means a geographic area identical to the extraterritorial jurisdiction defined by Texas Local Government Code Chapter 42.
(Ordinance 475 adopted 6/28/22)
Fall Zone Distance
The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris or collapsing material.
Family
One (1) or more persons related by blood, marriage, or adoption or a group not to exceed four (4) persons not all related by blood or marriage, adoption, or guardianship, occupying a single dwelling unit and sharing living, cooking, eating, sleeping, and bathroom facilities.
Family Home
A facility that regularly provides care in the caretaker’s own residence for not more than six (6) children under fourteen (14) years of age, excluding the caretaker’s own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care. However, the number of children, including the caretaker’s own, provided care at such facility shall not exceed twelve (12) at any given time. No outside employment is allowed at the facility. This facility shall conform to Chapter 42 of the Human Resources Code of the State of Texas, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.
Farmer's Market
An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site. Non-recurring Farmer’s Markets may require a Temporary Special Event Permit via Section [Article] 6.03 of the Code of Ordinances.
Feed and Grain Store
A commercial business that primarily sells feed and grain for agricultural or livestock use.
Fire Code
The most recently adopted International Fire Code as published by the International Code Council.
Fiscal Security
A form of payment, bond, or credit provided by the Subdivider to secure the City against financial loss if Public Facilities are not completed in the period required by an Improvement Agreement or this UDC. It may also refer to security provided by the Subdivider for the construction of temporary and permanent sedimentation controls and for water quality controls or as part of the application for an NPS pollution control permit. Fiscal Security may refer to any of the following:
Escrow provided by the Subdivider to delay construction of Public Facilities.
Cash, money order, cashier’s check, or irrevocable letter of credit as payment of the Subdividers’ share of constructing Public Facilities.
Performance Bond executed by a surety named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury, signed by an agent accompanied by a certified copy of the authority to act, and obtained from surety or insurance companies that are duly licensed or authorized in the state to issue Performance Bonds for the limits and coverage required.
Maintenance Bond to maintain Public Facilities for a period of two (2) years following acceptance of the Public Facilities by the City, and warranting that all Public Facilities will be free from defects for a period of two (2) years following such acceptance by the City.
Fitness Boot Camp
A temporary outdoor use involving the rental of property such as the parking lot or lawn of a commercial business or Place of Worship for coordinated fitness activities by individuals enrolled in a fitness program.
Fitness Gym or Health Club
A facility, typically with members who pay a monthly or yearly fee for access to a variety of machines, equipment, showers, and fitness programming for the purpose of physical exercise.
Fitness or Martial Arts Studio
A space equipped for instruction in fitness and exercise techniques, including yoga, tai chi, and aerobics or martial arts, including Tae Kwon Do, Karate, Jiu-jitsu, Kick Boxing, Mixed Martial Arts, or a combination of both.
Fix-It Shop
A business that provides basic repair services for mechanical equipment, including small engine repair (lawnmowers, chainsaws, and other small equipment), blade sharpening, and other household items using common hand tools.
Flag Lot
A lot that abuts a street by means of a strip of land that does not comply with minimum lot width. Flag lots are often used to achieve access/frontage.
Flood Hazard Boundary Map (FHBM)
An official map of a community, issued by the Federal Insurance Administration, where special flood hazard areas have been designated.
Flood Insurance Rate Map (FIRM)
An official community map showing special flood hazard areas and the risk premium zones applicable to the community as issued by the Federal Insurance Administration.
Floodplain
An area identified by the Federal Emergency Management Agency as possibly being flood-prone, or below the immediate flood line (100-year floodplain).
Floodway
Area regulated by federal, state, or local requirements to provide for discharge for the base flow, so that the cumulative increase in water surface elevation is no more than a designated amount within the 100-year floodplain. A river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (100-year flood) discharge without cumulatively increasing the water surface elevation at any point more than one foot above that of the pre-floodway condition, including those designated on the flood insurance rate map.
Floor Area –
The sum of the horizontal areas of all above-ground floors of a Building. Floor area is measured from the exterior faces of a Building or in the case of a common wall Building, from the centerline of the common wall. Floor area includes structured parking area above finished grade but does not include the following:
Areas where the elevation of the floor is four feet (4’) or more below the lowest elevation of an abutting right-of-way;
Roof area, including roof top parking;
Roof top mechanical equipment; or
Roofed porches, exterior balconies, or other similar areas, unless they are enclosed by walls that are more than forty-two inches (42") in height, for fifty percent (50%) or more of their perimeter.
Floor area is further divided into net and gross calculations as defined below:
Gross Floor Area: The total Floor Area of a building intended for occupancy or storage, not including interior parking or loading spaces. Gross area includes basements, attics, closets, restrooms, lobbies, hallways, stairwells and elevators, utility and mechanical spaces and loading docks, but excludes vent shafts, underground parking spaces, uncovered steps, and exterior balconies. When the term "gross square feet" is used, the calculation is based on the same methodology used to determine gross floor area.
Net Floor Area: The gross floor area of a Building excluding lobbies, restrooms, hallways, stairwells, elevators, mechanical and utility spaces, and loading docks. When the term "net square feet" is used, the calculation is based on the same methodology used to determine net floor area.
Florist
A business other than a Nursery or Greenhouse that grows, cultivates, arranges, and sells flowers and other small plants for a fee.
Food and Beverage Services
The sale of food or beverages, including alcoholic beverages, to the public from a building or location as a primary use. Includes food and beverages that are intended either for on- or off-site consumption, including Alcoholic Beverage Sales, Off-Premises Consumption, Alcoholic Beverage Sales, On-Premises Consumption, Bakery or Coffee Shop, Restaurant (Sit-Down and Takeout) and Grocery Store, Neighborhood.
Food Truck or Food Trailer Park
A property, parcel, or lot where one (1) or more mobile food vendors congregate to offer food or beverages for sale to the public.
Footcandle
The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.
Fraternal Organization
An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.
Full-Service Hotel
See Hotel, Full Service.
Furniture Repair and Upholstery
The repair, refinishing, or reupholstering of furniture. May be combined with Woodworking Shop.
Furniture Sales
Sales of items used to furnish a home or office, such as tables, chairs, couches, sofas, cabinets, dressers, wardrobes, and beds, with all items and sales being located inside the building.
(Ordinance 475 adopted 6/28/22)
Garden Shop
A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building. Plants may be displayed or staged outside as long as display or storage areas do not extend more than twenty (20) feet beyond the front face of the building.
Gas Station
Includes the retail sale of gasoline and diesel fuel to individual customers as well as retail sales of goods and personal items from a Convenience Store that operates as part of the same facility and ancillary uses such as tire refilling station and Car Wash.
Glare
Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.
Golf Course or Disc Golf Course
A public or private facility with at least nine holes or baskets and typically includes fairways, tees, greens, and hazards and may include ancillary facilities such as a clubhouse or restrooms.
Government Building
Facilities such as office buildings, maintenance yards, equipment yards, service facilities, shops, water storage facilities, utility buildings and lines, etc.
Greenhouse
An area for the cultivation of plants within a glass enclosure designed to disperse the light and energy of the sun to the area within the enclosure.
Grocery Store, Neighborhood
A retail store that is between 8,000 and 20,000 square feet and sells various packaged foods and beverages, household and personal items targeted to a neighborhood-scale market area and that designates a minimum of ten percent (10%) of the floor area for the sale of fresh fruits and vegetables.
Grocery Store, Regional
A retail store that is 20,000 square feet or larger and sells a large variety of household and personal items, including medication and clothing, fresh and packaged foods, and commonly includes meat, seafood, and dairy counters, as well as other secondary uses such as a Pharmacy, Florist, Caterer or Catering Service, and Bakery or Coffee Shop.
(Ordinance 475 adopted 6/28/22)
Halfway House
A licensed group residential facility for housing inmates on release from more restrictive custodial confinement, or for housing other individuals, initially placed in such a facility, in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to aid residents in their return to society, thus enabling them to live independently.
Handicraft or Hobby Store
A retail store that specializes in crafts, including seasonal crafts, decorative home goods, and goods or materials used in hobbies such as quilting, clothes-making, modeling, or scrapbooking. May include secondary services such as mounting or framing.
Hardscape
Permanent hardscape improvements to the site including parking lots, drives, entrances, curbs, ramps, stairs, steps, medians, walkways and non-vegetated landscaping that is 10 feet or less in width. Materials may include concrete, asphalt, stone, gravel, etc.
Hardscape Area
The area measured in square feet of all hardscape. Hardscape Area is used to calculate the Total Site Lumen Limit in both the Prescriptive Method and Performance Methods (See Hardscape).
Hardscape Perimeter
The perimeter measured in linear feet is used to calculate the Total Site Lumen Limit in the Performance Method (See Hardscape).
Hardware Store
A retail store that is smaller than a Home Improvement Store use that specializes in selling tools, hardware, and building materials intended for individual home improvement projects or minor repairs (as distinct from a Building Materials Sales use).
Hay, Grain and Feed Sales
A secondary use associated with a farm, ranch, or undeveloped property in which the products are produced, processed, or baled on site.
Healthcare Uses
Includes uses involving the provision of healthcare and health-related services such as dentist, chiropractor, physical therapy, Clinic (Outpatient); Clinic (Inpatient); Clinic (Specialty Outpatient); and Hospital but does not include Emergency Care Facility.
Helipad
An area of a building or site with a primary use that frequently generates or receives helicopter traffic, such as a hospital, that is designed to be used for the landing, takeoff, loading and unloading of helicopters.
Heliport
An area or use designed to be used for the landing, takeoff, loading, unloading, storage, and fueling of helicopters, and which contains other structures or facilities such as a terminal, hangars, and fuel tanks.
High-Density Residential
See Residential, High-Density.
Home Improvement Center
A retail store that sells a wide variety of home goods, tools, hardware, building materials in either individual or bulk quantities, plumbing and electrical supplies, yard maintenance equipment, appliances, lighting, and gardening and lawn supplies. May include secondary uses such as Contractor’s Office and Equipment Rental.
Home Occupation
A business, occupation, or profession conducted within a residential dwelling unit.
Hospital –
General Hospital is an institution licensed by the Texas Department of State Health Services that:
Offers services, facilities, and beds for use for more than 24 hours for two (2) or more unrelated individuals requiring diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy; and
Regularly maintains, at a minimum, clinical laboratory services, diagnostic X-ray services, treatment facilities including surgery or obstetrical care or both, and other definitive medical or surgical treatment of similar extent.
Specialty Hospital is an establishment licensed by the Texas Department of State Health Services that:
Offers services, facilities, and beds for use for more than 24 hours for two (2) or more unrelated individuals who are regularly admitted, treated, and discharged and who require services more intensive than room, board, personal services, and general nursing care;
Has clinical laboratory facilities, diagnostic X-ray facilities, treatment facilities, or other definitive medical treatment;
Has a medical staff in regular attendance; and
Maintains records of the clinical work performed for each patient.
Hotel, Full Service
A multi-level hotel offering guest rooms and suites on a nightly basis in a range of sizes not less than 500 square feet and on-site amenities including at least three (3) of the following per 200 rooms or portion thereof: full-service restaurant and room service, concierge service, at least 10,000 square feet of meeting space, indoor pool, spa, lobby with at least 5,000 square feet of space, rooftop gathering area, valet parking, structured parking.
Hotel, Limited Service
A hotel offering guest rooms and suites on a nightly basis and on-site amenities including, at a minimum, breakfast served daily, swimming pool, daily room cleaning service, and exercise room.
(Ordinance 475 adopted 6/28/22)
Ida
International Dark Sky Association.
Iesna
Illuminating Engineering Society of North America.
Independent Living Facility
A residential development in which no medication or medical care is administered and that is age-restricted to persons of retirement age. May include secondary facilities intended for the use of residents such as consultation rooms for meeting with a doctor or nurse, or services such as a Barber or Beauty Shop.
Industry Standard Lighting Software
Lighting software that calculates point-by-point illuminance that includes reflected light using either ray-tracing or radiosity methods.
Infill Development
Development on a vacant parcel or groupings of vacant lots within an existing block surrounded by existing development that is contiguous on at least two sides for corner lots and contiguous on at least three sides for interior lots (existing development located directly in front on the other side of the street may count as a side for interior lots only), no greater than two acres in size, and is served with all or most public services and facilities, including but not limited to water, wastewater and drainage. Annexed areas on the periphery of the City limits are not considered infill sites.
Infrastructure
The provision of systems that provide transportation, water, wastewater, solid waste, stormwater drainage, electrical and franchise facilities typically required to service development.
Initial Permit
The Application that initiates or begins a project, Development or Subdivision and establishes the Official Vesting Date.
Interlocal Agreement
An agreement made pursuant to Texas Government Code Chapter 791 between the City of Bee Cave and another local governmental to provide or assist in providing services to the other local governmental or the City of Bee Cave.
(Ordinance 475 adopted 6/28/22)
Reserved.
(Ordinance 475 adopted 6/28/22)
K-12 School, Private
A school offering a program of study accredited by the state and that includes any grade or combination of grades kindergarten through twelfth (12th). And is not established pursuant to the Texas education code Title II - Public Education, C - Local Organization and Governance, Chapter 11- School Districts.
K-12 School, Public
A school offering a program of study accredited by the state and that includes any grade or combination of grades kindergarten through twelfth (12th) and is established as an independent school district with taxing authority under the Texas education code Title II - Public Education, C - Local Organization and Governance, Chapter 11- School Districts.
Kiosk[,] Retail
A retail store that operates in a space of 500 square feet or less, has no street frontage, and sells primarily specialty items, tchotchkes, or other non-durable goods to patrons of a larger use or retail center, such as a shopping mall.
(Ordinance 475 adopted 6/28/22)
Lamp
A generic term for a source of optical radiation (i.e. "light"), often called a "bulb" or "tube". Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.
Land User
Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
Landowner
Any person holding title to or having a legal interest in land.
Landscape Lighting
Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.
Laundromat, Self-Service
A facility not exceeding four thousand (4,000) square feet in floor area where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.
Laundry (Dry Cleaning, Pick Up/Drop Off)
Fabrics, clothes, and linens cleaning shop or drop-off/pick-up station that serves as an outlet for a larger off-site facility and does not exceed six thousand (6,000) square feet of Floor Area.
Laundry, Commercial
An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis.
Letter of Certification
A letter from an entity or authority that provides or has the authority to provide through enabling statute or CCN one or more Public Facilities to a property and that certifies that the entity or authority has the ability to serve the property with one or more utilities. The City uses Letters of Certification as a means of determining whether the property owner, Developer, or Subdivider is able to obtain or provide Adequate Public Facilities prior to or concurrent with a request for approval of a permit or development. Entities or authorities referenced in this definition may include, but not be limited to, the following:
The City of Bee Cave;
The Western Travis County Public Utility District (PUD);
Travis County (if applicable);
Texas Department of Transportation (if applicable);
Any provider or district authorized to provide electrical or gas service.
Light Manufacturing and Assembly
The fabrication, assembly, and packaging of finished products or parts, predominantly from previously prepared materials other than metal and plastic fabrication from raw materials. Processes in this category of manufacturing and assembly do not emit detectable dust, odor, smoke, gas or fumes beyond the property lines of the lot or tract upon which the use is located and do not generate noise or vibration beyond the ambient frequency or pressure detectible to occupants of abutting properties. The use may contain a retail storefront for sale of goods produced on the premises.
Light Pollution
Any adverse effect of artificial light including, but not limited to, Glare, Light Trespass, skyglow, energy waste, compromised safety and security, and impacts on the nocturnal environment.
Light Trespass
Light emitted from fixtures designed or installed in a manner that unreasonably causes light to fall on a property other than the one where the light is installed, in a motor vehicle drivers’ eyes, or upwards toward the sky.
Lighting
Any source of light that does not include natural light emitted from celestial objects or fire. The term includes any type of lighting, fixed or movable, designed or used for outdoor illumination of buildings or homes, including lighting for billboards, streetlights, canopies, gasoline station islands, searchlights used for advertising purposes, externally or internally illuminated on- or off-premises advertising signs, and area-type lighting. The term includes luminous elements or lighting attached to structures, poles, the earth, or any other location.
Lighting Equipment
Equipment specifically intended to provide gas or electric illumination, including but not limited to Lamp(s), luminaire(s), ballast(s), poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components.
Lighting Repairs
For the purposes of lighting, the reconstruction or renewal of any part of an existing luminaire for the purpose of its ongoing operation, other than relamping or replacement of components including capacitor, ballast or photocell. Note that retrofitting a luminaire with new lamp and/or ballast technology is not considered a repair and for the purposes of these regulations the luminaire shall be treated as if new. "Repair" does not include normal relamping or replacement of components including capacitor, ballast or photocell.
Limited-Service Hotel
See Hotel, Limited Service.
Local Health Department
Means only the City health department if a proposed subdivision is wholly inside the City’s territorial jurisdiction, means only the county health department if such subdivision is wholly inside the City’s extraterritorial jurisdiction, or means both the City health department and the county health department if such subdivision is partly inside the City’s territorial jurisdiction.
Lot
The term "lot" shall include the terms "parcel," "piece," and "plot." This term includes individual units within a condominium regime, commonly called a unit envelope.
Lot Area
The total horizontal area within the lot lines of a lot, said area to be exclusive of street right-of-way.
Lot Depth
The horizontal distance from the midpoint of the rear of lot line to the midpoint of the front lot line.
Lot Frontage
That portion of a lot adjacent to a street (for required width at building line, see Lot Width)
Lot Line
A boundary of a lot. "Lot line" is synonymous with "property line."
Lot Line, Front
The lot line separating the lot from the street other than an alley. In the case of a corner lot, there shall only be one street line considered the front lot line. The front lot line adjoins the public or private rights-of-way where the entrance/address is located.
Lot Line, Rear
A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.
Lot Line, Side
Any lot line not a front or rear lot line.
Lot of Record
An individual lot or a lot which is a part of a subdivision, the map of which has been legally recorded in the office of the Travis County Clerk; or a parcel of land the deed of which has been recorded in the office of the Travis County Clerk.
Figure 8.3.5-1: Lot Width Measurements
UDC_Page_440_Image_0001.tif
Lot Width
The horizontal distance between the side lines, measured at the front property line adjacent to the public right-of-way. The lot width for a corner lot shall be measured along the right-of-way upon which the address is assigned. The flagpole portion of a flag lot shall be ignored in measuring lot width (see right).
Lot, Corner
A lot abutting the intersection of two or more streets other than an alley.
Lot, Double Frontage
A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
Lot, Flag
Any lot without standard legal access to a City street, and that is provided with access by a driveway parallel to the lot line of a lot having standard access to a public right-of-way.
Lot, Gross Area
An area under public or private property ownership, whose lot lines are described by plat or deed.
Lot, Interior
A lot other than a corner lot or a through lot.
Low Voltage Landscape Lighting
Landscape lighting powered at less than 15 volts and limited to luminaires having a rated initial luminaire lumen output of 525 lumens or less.
Lumen
The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from "watt", a measure of power consumption).
Luminaire
The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.
Luminaire Lumens
For luminaires with relative photometry per IES, it is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70%. For luminaires with absolute photometry per IES LM-79, it is the total luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaire is new and has not depreciated in light output.
Lux
The Standard International Unit of Illuminance. One lux is one lumen per square meter. 1 Lux is a unit of incident illuminance approximately equal to 1/10 footcandle.
(Ordinance 475 adopted 6/28/22)
Macro Brewery or Distillery
See Brewery, Macro or Distillery, Macro.
Maintenance Bond
A bond executed by a corporate surety approved by the City based on the cost of Public Facilities that will guarantee maintenance for at least two (2) years before the City takes over maintenance responsibility of the improvements.
Manual On Uniform Traffic Control Devices
The Manual on Uniform Traffic Control Devices, or MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private streets open to public traffic. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.
Manufactured Housing
Prefabricated housing product that is typically manufactured or assembled at a location other than the end user’s permanent site, and that are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.) and the Texas Occupations Code Chapter 1202, Industrialized Housing and Buildings. For the purpose of this Ordinance, there are three types of manufactured homes:
A. 
Mobile Home —
A mobile home is any manufactured home structure that was constructed before June 15, 1976 on a permanent chassis and designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; and
Transportable in one or more sections and, when in the travelling mode, measures at least eight (8) body feet in width or at least forty (40) body feet in length or, when erected on site, at least three hundred twenty (320) square feet; and
Includes the plumbing, heating, air conditioning, and electrical systems of the home.
B. 
A HUD-Code Manufactured Home is any manufactured home constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, is built on a permanent chassis and is designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; and
Transportable in one or more sections and, when in the travelling mode, measures at least eight (8) body feet in width or at least forty (40) body feet in length or, when erected on site, at least three hundred twenty (320) square feet; and
Includes the plumbing, heating, air conditioning, and electrical systems of the home.
This definition excludes recreational vehicle.
C. 
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.
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.).
Masonry
The use of one or more of the following materials on the facade of a building:
Limestone or Granite;
Other stone not including smooth-faced concrete masonry unit (split-faced CMU is acceptable), where color is infused into the material and is not applied or painted;
Brick;
True stucco using a three (3) step process over a metal lathe (not EIFS);
Adobe;
Cementitious fiberboard (often called Hardee plank or board).
MASONRY ALTERNATIVES — The use of one or more of the following materials on the facade of a building:
Split-faced CMU block, where color is infused into the material and is not applied or painted;
Formed-in-place concrete or concrete tilt-wall panel, with patterning or staining where color is infused into the material and is not applied or painted;
Architectural metal panel of sufficient gauge to be resistant to warping, bowing, or sustaining damage from hail, wind, or minor wind-borne objects, and finished to be weather-resistant (the panel may have a weathered appearance or surface patina but must be finished to prevent degradation and to avoid structural issues within the panel);
Reclaimed or native wood panel which may have an unfinished or untreated appearance if maintained to prevent degradation or continued weathering;
Glass curtain wall extending from ground level to at least the height of the first floor conditioned space.
Medical Laboratory
An indoor establishment primarily engaged in providing analytic or diagnostic services, including body fluid analysis and diagnostic imaging, generally to the medical professional or to the patient on referral from a health practitioner.
Micro Brewery or Distillery
See Brewery, Micro or Distillery, Micro.
Mini-Storage
Rentable facilities or units intended for the secured storage of personal goods and items. May include accessory uses such as specialty retail related to moving and storage.
Mixed-Use
The integration of uses from different categories, most commonly commercial and residential uses, with commercial uses facing and having direct access from a street with residential units directly above. This definition refers to "vertical" mixed use with uses occupying different levels of a single building or structure and does not refer to "horizontal" mixed use where one or more distinct uses occupy the same building or development but are of the same general category (i.e., retail and pharmacy) are occupied by the same user performing work that is of different occupational classifications (i.e., office-warehouse) or uses that are separated on the ground by a property line and a common fence or street (i.e., commercial and multi-family on separate lots).
Motion Picture Theater
See Theater, Motion Picture.
Motion Picture Theater (Drive-In)
See Theater, Motion Picture (Drive-In).
Motorized Vehicle Sales
The sale of vehicles powered by an internal combustion engine, electric motor, or combination, or trailers designed to be pulled by such vehicles, including RVs, boats, ATVs, farm equipment, non-combination trucks, and other vehicles not including automobiles, light trucks (under 16,000 pounds GVWR) and semi-tractors and semi-trailers.
Multi-Family Residential or Multi-Family Dwelling
Residential development that consists of three (3) or more Dwelling Units on a single lot.
Multi-Plex Residential
A single residential building with three (3) to eight (8) units on one lot.
(Ordinance 475 adopted 6/28/22)
Net Area
Means the total horizontal area within the boundaries of a parcel, excluding from such parcel all public rights-of-way, private street rights-of-way, private street right-of-way easements, waterway rights-of-way, waterway easements, and driveway easements.
New Lighting
Lighting for areas not previously illuminated; newly installed lighting of any type except for replacement lighting or lighting repairs.
Nit
A measure of luminance with 1 nit equal to 1 candela per square meter (1cd/m2). An ordinary wax candle generates approximately one candela of luminance.
Non-Depository Lender/Credit Access Business
Any check cashing business, payday advance/loan business, car title or credit access business including such businesses leasing space within another business to perform such functions, as further defined herein. This definition excludes: a state or federally chartered bank, savings and loan association or credit unit; and a convenience store, supermarket or other retail establishment directly providing such services where consumer retail sales constitute at least 75% of the total gross revenue generated on site. A payday lending establishment makes small consumer loans, usually backed by a postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term, or until a customer’s next payday, and then cashed unless the customer repays the loan to reclaim such person’s check; and such establishments may charge a flat fee or other service charge and/or fee or interest rate based on the size of the loan amount. See also Texas Finance Code Chapter 393, as amended.
Non-Profit Organization
Offices of a non-profit organization including a religious organization, unless secondary to other defined uses such as a Hospital, Orphanage, or Place of Worship.
Notarizing Officer
Any person qualified to take acknowledgments or proofs of written instruments for record pursuant to Vernon’s Ann. Civ. St. art. 6602, including but not limited to a notary public, a clerk of a state district court, or a judge or clerk of a county court in the state.
Nuisance
A use or operation that produces noise, vibration, Glare, emissions, or other harmful effect upon neighboring properties in excess of the limits allowed.
(Ordinance 475 adopted 6/28/22)
Occupied
The term "used" or "occupied" shall include the term "arranged," "designed," "intended," "maintained," "occupied," or "used."
Off-Site
Located outside the boundary of a Development.
Office or Studio, Live-Work
A General Office space or Artisan Studio or similar non-retail or service use directly connected to a dwelling unit. This definition does not include Home Occupation, a business conducted within a dwelling unit.
Office, General
A building or area of a building designed for routine office functions such as accounting, business, administration, medical, professional, or other similar uses. May be combined with other uses such as Light Manufacturing and Assembly and Hospital if such uses are properly permitted.
Office, Medical
Offices for healthcare uses that are appointment-based with a practice of scheduling appointments so that arrival times of clients/patients are likely to overlap.
Official Submittal Date
The date an application is considered complete.
Official Vesting Date
The date the applicant submits an application for Review of Administrative Completeness for a permit related to Development or Subdivision.
Official Zoning Map
The zoning map adopted by City Council as the official and definitive map of zoning districts within the City Limits (see Section 3.1.5).
On-Site
A building, parking lot, use, or feature located within the boundary of a development or property and having direct access to an associated building or use without the need to traverse another property, right-of-way, or unrelated area.
Ornamental Lighting
Lighting that does not impact the function and safety of an area but is purely decorative, or used to illuminate architecture and/or landscaping, and installed for aesthetic effect.
Ornamental Street Lighting
A luminaire intended for illuminating streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the following design characteristics:
Designed to mount on a pole using an arm, pendant, or vertical tenon;
Opaque or translucent top or sides;
An optical aperture that is either open or enclosed with a flat, sag or drop lens;
Mounted in a fixed position; and
With its photometric output measured using Type C photometry per IESNA LM-75-01.
Outdoor Lighting
Lighting equipment installed within the property line and outside the building envelopes, whether attached to poles, building structures, the earth, or any other location; and any associated lighting control equipment.
Outside Display
The temporary outside display of finished goods for retail purposes. Finished goods are specifically intended for immediate retail sales and are not intended nor used as an area for the continuous keeping or storage (i.e., Outside Storage) of such finished goods. Examples of outside display include the display of grills, deer feeders, patio furniture, lawn mowers, flowers, pumpkins, Christmas trees, and clothing. (See Section 3.4.8.B.13.)
Outside Storage
The storing of products, goods, materials, equipment, or other articles outside of a building for more than twenty-four (24) hours. (See Section 3.4.8.B.14.)
Owner
The owner of a tract of land as recorded in the Travis County Deed Records. An owner may include: a person, firm, corporation, partnership or agent, attorney-in-fact, manager or Director, or Subdivider. Such term as used in this chapter always includes one or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed.
Owner-Occupied
A lot or structure that is occupied by the legal owner of record or, where there is a recorded land sales contract in effect, the purchaser thereunder.
(Ordinance 475 adopted 6/28/22)
Parcel
Means a lot, undivided block, or reserve area.
Park, Private
An open space accessible only certain individuals such as members of a Property Owners’ Association that is either undeveloped, preserved in a natural state, or developed with structures such as benches, picnic tables, pavilions, playgrounds, ponds, walking paths, swimming pools, sport courts, or other similar features.
Park, Public
An open space accessible to the general public that is either undeveloped, preserved in a natural state, or developed with structures such as benches, picnic tables, pavilions, playgrounds, ponds, walking paths, or other similar features.
Partly Shielded Luminaire
A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward.
Path, Public
See subsection 6.3.7.B for definition.
Patio Homes
A type of Low- to Medium-Density Residential development consisting of detached single-family or duplex units in which most, or all, of the space between units or buildings consists of open space or common area, the units are buildings may be separated by the minimum distance allowed under the Building Code, and the front of homes may face an open space rather than a street or driveway.
Pawnshop
An establishment where money is loaned on the security of personal property pledged in the keeping of the owners. Retail sales of primarily used items is also allowed, provided that the sale of such items complies with local, State and Federal regulations.
Pedestrian Path
A graded, cleared way for individuals who travel on foot. When located along any improved street or parking area, these paths shall be adjacent to the curb at curb level.
Pedestrian Way
A right-of-way for pedestrian traffic.
Performing Arts Theater
See Theater, Performing Arts.
Permitted Use
A use allowed as a matter of right, and subject to the restrictions of the zoning district applicable to the property according to the Official Zoning Map.
Permittee
A landowner or land user who is undertaking land development activities pursuant to a permit granted according to the provisions of this UDC.
Person
The term "person" shall include a natural person; a firm, association, organization, partnership, trust, foundation, company, or corporation; a nonprofit group; or an elected or appointed body; his, its, or their successors, assigns, heirs, executors, or administrators; or the agent of any of such.
Person with Pecuniary Interest
Means a fee owner, contract owner, lienholder, lessee, or tenant.
Personal Services
A category of uses involving services rendered to an individual person, including Barber or Beauty Shop and other personal grooming services, licensed massage parlors, acupuncture, chiropractic services, physical training or weight reduction, or similar services which may require an advance appointment, where no medical treatment is received, that do not include ancillary Retail Sales that exceed 10% of Gross Floor Area, and that do not meet the definition of Tattoo or Body Piercing Studio or Sexually-Oriented Business.
Can also mean a category of uses involving services rendered on an individual basis primarily at the location and involving primarily personal goods and services by a person specializing in a trade, such as dry cleaners, tailoring, shoe repair, jewelry repair, or other similar services that do not cause a nuisance to abutting properties and are not defined elsewhere in this UDC.
Pet Adoption Center
A facility that takes in and cares for unadopted or abandoned animals until they are adopted or fostered. Does not include Pet Store.
Pet Store
A retail establishment that sells products used for the care of household pets, such as bedding, houses, tanks, enclosures, food, and other basic supplies. May include pet grooming and training services as an accessory indoor use. This definition does not include permanent Pet Adoption Center or facilities that breed or shelter pets for sale or that board pets for longer than 24 hours.
Petition For Subdivision Waiver
See Section 2.6.1.
Pharmacy
A commercial building or area of a building used for storing, mixing, compounding, and dispensing prescription drugs under the supervision of a licensed pharmacist using various controlled substances in accordance with State Law. May be combined with other uses such as Retail or Grocery.
Photoelectric Switch
A control device employing a photocell or photodiode to detect daylight and automatically switch lights off when sufficient daylight is available.
Place of Worship
Includes sanctuaries, auditoriums, prayer rooms, gardens, classrooms, fellowship halls, convents, offices of priests, rabbis, pastors, ministers, imams, and other uses associated with a church, synagogue, mosque, or temple, but not including Day Care, Adult or Day Care, Child.
Planned Development
See Section 3.5.5, Planned Development District.
Planning Director
The Director of Planning and Development.
Plant Nursery, Retail
A facility that grows or cultivates plants for one-time retail sales to customers.
Plant Nursery, Wholesale
A facility that grows or cultivates plants for contract or bulk sales to customers.
Plat, Amending
A minor revision or modification of a recorded Plat that does not change or create new lot boundaries (see Section 2.3.9).
Plat, Final
The legal record of land, including a Subdivision, prepared from actual field measurements and staking of identifiable points by a Licensed Surveyor to a location referenced to a survey corner. The Final Plat describes all boundaries, corners, and curves with enough detail that a Licensed Surveyor or Engineer can reproduce them without additional references. The Final Plat also establishes and records lots, right-of-way, and easements (see Section 2.3.5).
Plat, Minor
A Final Plat that creates four (4) or fewer lots (see Section 2.3.6 [2.3.7]).
Plat, Preliminary
A scaled planning document that lays out the boundary, streets, lots, topography, and Public Facilities in a proposed Subdivision and that provides the City with a basis for reviewing Subdivision-Related Plans and the Final Plat (see Section 2.3.4).
Plat, Replat
A revision to a recorded Subdivision that revises or creates new lots, dedicates right-of-way or easements or reflects abandonment of the same (see Section 2.3.8).
Plat, Short Form
A Final Plat of five (5) or more lots that does not require the construction or extension of Public Facilities (see Section 2.3.6).
Plat, Vacation
The process and instrument that returns a Subdivision to an unplatted state (see Section 2.3.10 [2.3.11]).
Potable Water Retailer
Means a public or private entity that:
For remuneration provides running water for drinking purposes directly to at least 15 permanent connections for final users on land not owned by such retailer;
Is on the list of water supply systems to be routinely inspected by the state department of health; and
Is the subject of neither a compliance schedule nor a recommendation for litigation issued by such department.
Principal Building
The primary Building on a lot or property or the Building containing the Principal Use.
Principal Use
The primary use of a property or lot.
Private Club
An establishment providing social or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of State Law and the Texas Alcoholic Beverage Commission (TABC) as the same may be hereafter amended.
Private Covenants or Restrictions
Documents filed with the County that legally bind owners of properties within a Subdivision or development to a list of rules and restrictions regarding the use and maintenance of those properties. The City cannot legally enforce Private Covenants and Restrictions.
Private Park
See Park, Private.
Private Facilities
Any facility, infrastructure, improvement, device, or utility connected directly or indirectly to a Public Facility. A Private Facility may be, but is not limited to, streets; sidewalks and paths; parks; drainage infrastructure; water lines and treatment facilities; wastewater lines and treatment facilities; electrical lines, transformers, poles, and junctions; gas lines; cables and fiber optic lines; cellular infrastructure.
Private Street
A street built to the specifications of the City, but privately owned and maintained by either a single property owner or a property or homeowners’ association.
Private Tutoring or Focused Instruction
Education that is typically in addition to or supplementary to K-12 School, is focused on enhancing proficiency in a particular subject, is conducted outside of school hours on an appointment basis, and consists of one on one instruction or in small groups.
Professional and Business Services
A business that supports other individuals, businesses, and professions by the offering of one or more specialized or customized services on a contractual basis that may include printing and copying services, including tax support; travel agency; screen printing and 3-D printing and prototyping; computer and networking support; data storage; air quality testing; sign printing or fabrication; or other similar services that are rendered on a contractual basis, are conducted entirely indoors and involve no outside storage of products or materials, create no nuisances, and do not fall under the definition of Office, General or Light Manufacturing and Assembly.
Professional Engineer
An individual with a post-secondary degree in engineering and is a certified professional engineer by the Texas Board of Professional Engineers and Land Surveyors.
Progress Towards Completion
Any of the following activities that, individually or in combination, may extend the validity of a Plat or Permit associated with a property if the owner of the property or the Subdivider produces demonstrable evidence that the activity has or is taking place:
An application for a Final Plat or Plan is submitted to the City;
A good-faith attempt is made to file with the City an application for a Permit necessary to begin or continue towards completion of the project;
The property owner or Subdivider incurs costs for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project or Subdivision (exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project or Subdivision is located;
Fiscal Security is posted with the City to ensure performance of an obligation required by the City; or
Utility connection fees or impact fees for the project have been paid to the City.
Proof of Ownership
For the purposes of submitting an application for Development, a deed, title commitment, contract for sale, or tax receipt.
Property Owners' Association
A non-profit association whose dues are paid by property owners within a defined Subdivision or Condominium who have voluntarily subjected themselves to the regulations and covenants of the Association, and who also jointly own, manage, or oversee the management of common property and, through an elected or appointed board, manage and enforce the restrictive covenants applicable to the Subdivision or Condominium. Also known as a Homeowners’ Association or Condo Association.
Public Entrance
An unrestricted access point to a building that remains open during posted business hours, typically marked with signage, with access from a sidewalk.
Public Facilities
Any facility, infrastructure, improvement, device, or utility dedicated to public use. A Public Facility may be owned by the City or a utility provider and includes, but is not limited to, streets; sidewalks and paths; parks; drainage infrastructure; water lines and treatment facilities; wastewater lines and treatment facilities; electrical lines, transformers, poles, and junctions; gas lines; cable and fiber optic lines; cellular infrastructure.
Public Park
See Park, Public.
Public Path
See subsection 6.3.7.B for definition.
Public Right-Of-Way
Any designated public street, sidewalk, or alley.
Public Street
A street which is owned or maintained by City.
(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)
Quick Lube
A business specializing in the maintenance of automobiles and light trucks (under 16,000 pounds GVWR) that offers services such as fluid and filter changes, state inspection, tire rotation and alignment, fuel additives, tune ups, and other processes that do not involve the removal, repair, or rebuilding of major components listed under Auto/Vehicle Repair. Quick Lube may be a standalone use or combined with other uses such as Auto/Vehicle Repair and Gas Station, provided those other uses are properly permitted.
(Ordinance 475 adopted 6/28/22)
Recreation and Entertainment Uses (Indoors)
Includes uses where recreation and entertainment occurs as a principal and permanent basis and that are conducted indoors, such as Amusements (Indoors); Golf Course (miniature); Live Music Venue (indoor, amplified or unamplified); Theater, Motion Picture; Shooting Range, Indoor; Stadium, Play Field, or Sports Court (indoor); Theater, Performing Arts (indoor).
Recreation and Entertainment Uses (Outdoors)
Incudes uses where recreation or entertainment occurs as a principal use and that are conducted outdoors, such as Amusement (Outdoors); Theater (outdoor), Performing Arts; Theater, Motion Picture (Drive-In); Stadium, Play Field, or Sports Court (outdoor).
Redevelopment
Development on a tract of land with existing structures where all or a majority of the existing structures would be razed and a new structure or structures built. This specifically includes land disturbing activities on a tract of land with existing impervious cover as described in Article 7 (Section 7.3.2.D) where none, a portion, or all of the existing impervious cover is removed, modified, and reused in conjunction with new improvements on the tract of land.
Relative Photometry
Photometric measurements made of the lamp plus luminaire and adjusted to allow for light loss due to reflection or absorption within the luminaire. Reference standard: IES LM-63.
Relocatable Educational Facility
An industrialized building, as defined by Section 1202.003(a), Texas Occupations Code, that is used primarily as an education facility for teaching the curriculum required under Section 28.002, Texas Education Code.
Replacement Lighting
Lighting installed specifically to replace existing lighting that is sufficiently broken to be beyond repair.
Replat
A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
Research and Development Lab (Life Sciences)
A facility that includes laboratories and experimental equipment for medical testing, agricultural research, and biological research.
Research and Development Lab (Technology)
A facility that includes laboratories and experimental equipment for prototype design, engineering, and product testing.
Residential, High-Density
Residential development of more than twelve (12) units to the acre, typically medium to large apartment complexes and Mixed-Use developments.
Residential, Low-Density
Residential development of five (5) units to the acre or less, typically Single-Family Residential or Duplex, but may also refer to Townhomes, Patio Homes, and Innovative Residential Developments.
Residential, Medium-Density
Residential development of six (6) to twelve (12) units to the acre, typically Townhomes, Patio Homes, Multi-Plexes with three (3) to eight (8) units, and smaller or lower-intensity apartment developments.
Resource Extraction
The mining of earth for minerals, gravel, sand, or other resources not including oil or natural gas.
Restaurant (Drive-Thru or Drive-In)
An eating establishment with a drive-through window or lanes where customers order and are served food while in a vehicle.
Restaurant (Sit-Down and Takeout)
An eating establishment where customers are primarily served at tables or are self served, where food is consumed on the premises. It may include facilities where takeout customers park their vehicles and go inside to pick up their takeout order. To qualify as a restaurant under this definition, an establishment must utilize a full kitchen, refrigerator, oven with hood (unless this requirement is waived by the Building Official) and must be able to produce receipts showing that at least twenty-five percent (25%) of total revenue is generated by the sale of food. This definition does not include a drive-through ordering system nor a drive-through window, nor service to customers in their vehicles.
Restaurant Patio
An outdoor space connected to a restaurant where food is served from the restaurant to customers and eaten on the premises. A Restaurant Patio may be fully enclosed and connected to the restaurant or, where permitted by the City, occupy a portion of a public sidewalk adjacent to the restaurant, but leaving a minimum of four (4) feet of clear space for pedestrians utilizing the sidewalk.
Retail Sales
A retailer that operates in a space that is 100,000 square feet or less and sells primarily tangible goods or products in a packaged or finished state to an end user for final use or consumption. May include services related to or incidental to the retail use.
Retail Store, "Big Box"
A retailer that operates in a space that is greater than 100,000 square feet, often selling a wide variety of goods including durable household goods, clothing, books, lawn and garden, automotive care, toys, groceries, and other similar goods. May be combined with specialized services or uses in the same building such as Pharmacy, Clinic (Specialty Outpatient), Pharmacy, Professional and Business Services, Quick Lube, and Restaurant (Sit-Down and Takeout).
Rv Park
A parcel of land not less than three (3) acres nor greater than thirty-five (35) acres which is designed, improved, or intended to be used for short- or long-term occupancy by mobile homes/trailers or recreational vehicles, including travel trailers, in designated spaces. The facility may include a residence for the owner or manager of the premises, utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
(Ordinance 475 adopted 6/28/22)
Security Quarters
A Dwelling Unit adjacent to or integrated with a commercial building or development that are inhabited full-time by a guard, officer, or caretaker and that allow him or her to remain on site and available to monitor or respond 24 hours per day.
Service Drive
A driveway with direct access to a street but that primarily designed to provide access to service or loading areas behind a building and not serving as an access point for the general public to the property or development.
Setback
The minimum distance between by which any building or structure must be separated from a street right-of-way or lot line.
Setback, Front Yard
See Yard, Front.
Setback, Rear Yard
See Yard, Rear.
Setback, Side Yard
See Yard, Side.
Sexually-Oriented Business
A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer (see Section 6.5 and TLGC Section 243.002).
Shall
The term "shall" is mandatory and not discretionary; the term "may" is permissive.
Shielded Directional Luminaire
A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.
Shooting Range, Indoor
A facility for shooting at targets with rifles, pistols, shotguns, or other weapons for the purpose of target practice or temporary competition.
Shooting Range, Outdoor
The use of land for archery or discharging firearms for the purpose of target practice or temporary competition.
Shopping Center, Neighborhood
A group of buildings within a single coordinated development having no anchor or that is anchored by a business or store having up to 100,000 square feet of gross lease space and that provides multiple secondary lease spaces designed to support commercial or retail uses generally oriented toward shoppers within an 10-15 minute drive or walk and relying largely on traffic from inside the City.
Shopping Center, Regional
A group of buildings within a single coordinated development anchored by one or more businesses or stores having greater than 100,000 square feet of gross lease space and that provides a wide range of secondary and tertiary lease spaces often oriented toward surface parking and large, regional thoroughfares for visibility to motorists. Businesses within a regional shopping center are generally oriented towards shoppers within a 15-30 minute drive and relying on traffic from outside the City.
Shrub
A woody plant with multiple trunks or stems that usually remains low to the ground and produces shoots or trucks [trunks] from its base. See Approved Plant List maintained by Planning Director.
Single-Family Residential or Single-Family Residence
Residential development consisting of no more than two (2) units on one lot where each unit is offered for sale or lease. Includes Detached Single-Family, Duplex, Patio Homes on individual lots, and Townhomes.
Single-Family Residential, Detached
Residential development consisting of one (1) unit per lot.
Sky Glow
The brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one’s ability to view the night sky.
Small Solar Energy Systems –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 Small Solar Energy System may also include the use of Building Integrated Systems (BIS) which are defined as photovoltaic materials used in place of conventional building materials (such as the roof or skylights) and may also be referred to as Building Integrated Photovoltaics (BIPV).
Small Wind Energy Systems
A wind energy conversion system consisting of a wind turbine, a tower or support structure, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW which be used primarily for onsite consumption.
Special Events Center
A property offering indoor or leasable space with features and facilities, such as a stage and warming kitchen, for private events such as wedding receptions, reunions, awards banquets, bar mitzvahs, quinceaneras, and similar events and in which the serving of alcohol is limited to the attendees of the event.
Specific Use Permit
A use that is not automatically permitted by right, but that may be permitted within a zoning district subject to meeting specific conditions contained in this UDC.
Stable, Boarding
A structure and associated open pasture where horses are quartered for a fee.
Stable, Commercial
A structure and associated open pasture or riding area where horses are quartered or accommodated for the purpose riding or training by the general public.
Stable, Private Use
A structure and associated open pasture where horses, sheep, goats, or other grazing animals are quartered for private use.
Stadium, Play Field, or Sports Court
An athletic field or stadium where sports or games are conducted either with or without spectators and which may include ancillary uses such as locker rooms, storage buildings, concessions stands, and ticket booths.
Start of Construction
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Stream
Linear geographic feature that conveys flowing waters. Headwater streams are the uppermost, low-order streams of a watershed and comprise the majority of streams in the United States, both in terms of number and length. Streams can be perennial, intermittent, or ephemeral.
Street
A public right-of-way for roadway, sidewalk, and utility installation including the terms "road," "highway," "land," "place," "avenue," "alley," or other similar designations. The entire width between the right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic.
Street, Private
Means a vehicular accessway meeting all criteria required for a Public Street in the City’s Technical Manual and in Section 2.5.9, including paving, width, sidewalks, and drainage facilities, but within a dedicated lot on a Final Plat under private ownership and maintenance by an entity such as a Property Owners’ Association.
Street, Public
Means a vehicular accessway built and maintained within a public right-of-way that has been dedicated to or acquired by the City, and which provides vehicular access to abutting properties (see Section 2.5.9).
Structure
An edifice of any kind or any piece of work artificially built up or composed of parts joined together which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Flatwork or in-ground swimming pools are excluded.
Structure[,] Accessory
Any structure on the same lot with and that is incidental and subordinate to the principal structure. Flatwork, in-ground swimming pools and fences or walls used as fences are excluded.
Structure, Principal
The structure in which the principal permitted use of the lot on which the structure is located is conducted.
Subdivision
The division or redivision of any tract of land situated within the city’s city limits or its ETJ into two or more parts, lots, units, or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. The term includes resubdivisions of land, lots, or units which are part of a previously recorded subdivision. A condominium development can be a subdivision. In other jurisdictions, the term may be referred to as an "addition."
(Ordinance 475 adopted 6/28/22)
Tattoo or Body Piercing Studio –
Tattoo Studio — A studio regulated by the Texas Department of Health and Human Services wherein a licensed individual produces an indelible mark or figure on the human body by scarring or inserting pigments under the skin using needles, scalpels, or other related equipment.
Body Piercing Studio — A studio regulated by the Texas Department of Health and Human Services wherein a licensed individual creates an opening in a person’s body, other than the individual’s earlobe, to insert jewelry or another decoration.
Tax Collector
An officer or employee who bears the ultimate responsibility for mailing the tax statements and/or notices of delinquency for one or more taxing units.
Taxes Owed
Means:
All current ad valorem taxes for which tax statements have been issued;
All delinquent ad valorem taxes; and
All penalties and interest which have accrued.
Taxi Service, Garage or Dispatch
A for-profit business that employs a fleet of vehicles owned by the business and dispatched from a central location or garage to provide on-demand transportation to individuals or groups.
Taxi Service, Independent
An individual operating a personal vehicle and functioning as an independent contractor to a ride-hailing service such as Lyft or Uber.
Taxing Unit
Means the county, an incorporated city or town including a home-rule city, a school district, a special district or authority, or any other political unit of this state, whether created by or pursuant to the constitution or a local, special, or general law, that is authorized to impose and is imposing ad valorem taxes on property.
Technical Manual
A manual pertaining to the technical and design requirements of this UDC.
Temporary Lighting
Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days.
Temporary Relocatable Educational Facility
A Relocatable Educational Facility used in connection with an existing permanent private school facility, or on a Lake Travis Independent School District public school campus, for temporary use as an educational facility for teaching the curriculum required under Section 28.002, Texas Education Code. Temporary permits for a specific time and location may be issued by the Building Official and shall be subject to review and renewal for reasonable cause.
Theater, Motion Picture
An indoor venue not defined as Adult Theater where motion pictures are projected onto a screen for an audience and which may include ancillary uses such as Restaurant (Sit-Down and Takeout) and Alcoholic Beverage Sales, On-Premises Consumption.
Theater, Motion Picture (Drive-In)
An outdoor venue where motion pictures are projected onto a screen for viewing from vehicles parked in designated spaces and which may include ancillary uses such as concessions, Restaurant (Sit-Down and Takeout), and Alcoholic Beverage Sales, On-Premises Consumption.
Theater, Performing Arts
A venue equipped with an auditorium with terraced seating and a stage with sufficient area for live performances of ballet, opera, orchestral concerts, plays, stand-up acts, and other performances available to the general public but requiring advance purchase of tickets to obtain entry. May include secondary uses such as an orchestra pit, staging area, and loading docks.
Thoroughfare Plan
The thoroughfare component of the Mobility Plan, the official map depicting the City’s existing and future street system and roadway network, together with explanatory text.
Time Switch
An automatic lighting control device that switches lights according to time of day.
Title Transfer
Means documents such that:
The documents entitle the grantee to immediate occupancy of the subject property;
The documents provide that the grantee shall automatically become the owner of record for the subject property at such time as the grantee shall have satisfied all of the terms of the documents and satisfied the filing requirements of the county clerk; and
At the time of execution or within 30 days thereafter, the documents or copies thereof are given by the grantor to either the grantee or the county clerk.
Tool and Equipment Rental
A business that rents equipment on a daily or weekly basis for a fee, equipment meaning any machine or device that does not require specialized training or licensing to operate and that can be transported by a vehicle not requiring a Texas CDL to operate, such as a semi-tractor.
Topography
The physical land surface relief describing the terrain elevation, position of land features and slope. Topography includes landforms, water and other drainage features, and features such as gravel pits. A single feature such as a hillside or valley is called a topographic feature.
Total Outdoor Light Output
The total amount of light, measured in lumens, from all outdoor light fixtures within the illuminated area of a property. The lumen value to be used in the calculation is the lumen value as defined in this Ordinance. To get the total, add the lumen output attributed to each light fixture.
Tower, Electric Transmission
A self-supporting structure in excess of 50 feet (15 meters) in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers.
Townhouse
A type of High-Density Single-Family Residential with one or more shared walls that sit on a shared property line between the interior space of units.
Trade School
A degree, certificate, or credential-granting educational institution, other than a College or University, or K-12 school (public or private), that provides focused instruction related to one or more professional trades.
Traffic Impact Analysis
Also referred to as a "TIA". A study typically conducted prior to an application for Zoning Change or a Plat or Site Plan meeting certain conditions which examines existing and projected traffic volumes and makes recommendations on improvements to the roadway system.
Translucent
Allowing light to pass through, diffusing it so that objects beyond cannot be seen clearly (not transparent or clear).
Tree, Large
A plant having at least one well-defined stem or trunk at least three (3) inches in caliper and has a canopy that screens and filters the sun. See the Approved Plant List maintained by Planning Director.
Tree, Small
A smaller tree intended to provide aesthetic benefit rather than significant shade. See the Approved Plant List maintained by the Director of Planning.
(Ordinance 475 adopted 6/28/22)
Undeveloped Floodplain
Areas within the FEMA one-percent Annual Chance Floodplain (a.k.a. 100-year floodplain), that are undeveloped and in their natural state.
Unshielded Luminaire
A luminaire capable of emitting lighting in any direction including downward.
Uplight
Lighting that is directed in such a manner as to project light rays above the horizontal plane running through the lowest point on the fixture where light is emitted. For an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane.
Use
Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
Use Permit
The permit required before any use may be commenced.
Utilities and Infrastructure
Equipment, lines, structures, and appurtenances installed, laid, or operated by a recognized utility provider under the jurisdiction of the Public Utility Commission of Texas.
Utility District
Means any political subdivision of the state or county that:
Is currently listed in the Texas Register of Water Districts, published by the state department of water resources;
Has conditional or unconditional authority to impose ad valorem taxes on property;
Schedules at least one regular meeting of its governing body per month;
Currently provides stormwater or groundwater drainage, irrigation water, drinking water, sanitary sewage collection, or similar remunerative services directly to at least 15 private customers on land not owned by such district; and
Is not a navigation district.
(Ordinance 475 adopted 6/28/22)
Variance
A deviation from the specific terms of this UDC that will not be contrary to public interest and is justified because, owing to special conditions, a literal enforcement of this UDC’s provisions will result in practical difficulties and/or hardship.
(Ordinance 475 adopted 6/28/22)
Warehousing
A commercial facility intended for the receiving and storage of products and goods in their final assembled form that are then shipped to other distribution facilities or directly to end users.
Western Travis County Public Utility District
Also referred to as "PUD". The utility with jurisdiction to provide water and wastewater services in the City.
Winery
An establishment that produces wine for on or off site consumption under a Winery Permit (G) and is regulated by the Texas Alcoholic Beverage Commission and is accompanied by a tasting room or food service.
Wireless Communications Facility
Means any staffed or unstaffed facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment enclosures, and may include an antenna-supporting structure. The following developments shall be considered as a Wireless Communication Facility: developments containing new or existing antenna-supporting structure, public antenna-supporting structures, replacement antenna-supporting structures, colocations on existing antenna-supporting structures, attached wireless communications facilities, stealth wireless communication facilities, temporary wireless communications facilities and satellite earth stations.
(Ordinance 475 adopted 6/28/22)
Reserved.
(Ordinance 475 adopted 6/28/22)
Yard
A required open space located on the same lot as the principal structure, unoccupied and unobstructed except for approved accessory uses, approved parking, and landscaping.
Front Yard Setbacks
UDC_Page_462_Image_0001.tif
Yard, Front
A yard extended across the full width of and situated between the front lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the front yard adjoins the public or private rights-of-way where the entrance/address is located.
Yard, Rear
A yard extended across the full width of and situated between the rear lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the rear yard shall not extend past the corner side yard.
Yard, Side
A yard extended across the full width of and situated between the side lot line and the principal structure extending from the front yard to the rear yard. In the case of a corner lot, the corner side yard shall extend from the front yard to the rear lot line.
(Ordinance 475 adopted 6/28/22)
Zoning Map Amendment
A change to the Official Zoning Map (see Section 3.1.8).
Zoning Text Amendment
A change to the text of Article 3, Zoning Regulations (see Section 3.1.8).
(Ordinance 475 adopted 6/28/22)